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Test your basic knowledge |
Professional Responsibility Bar
Start Test
Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Former Clients
Aiding Unauthorized practice/disbarred Lawyers
Disputes over flat fees
When representation is not permitted
2. A lawyer shall not make a false or misleading statement about the lawyer or his services so as to lead a reasonable person to form an unjustified expectation.
Use by other persons
Emergencies
Associating with Other Counsel
False or Misleading Statements
3. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Should Report Lawyer and Judicial Misconduct
Firm Names and Designations
Solicitation in Person
Government service after private employment
4. Lawyer may withdraw when: there is no material adverse affect on the client's interests; client persists in criminal or fraudulent conduct involving the lawyer's services; lawyer's services were used to perpetrate a crime or fraud; lawyer considers t
Who is the client
Time limits of confidentiality
Prospective Client Confidentiality
Withdrawal: Permissive
5. The lawyer must maintain as reasonable possible a normal attorney client relationship. If the lawyer believes the client cannot act in his own interest - the lawyer may seek to have a guardian appointed.
Accounts
Flat Fees
Client property other than money
Client Under a Disability
6. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Confidentiality Exception:Future Crime
Withdrawal Procedure
Total fee reasonable
Prospective Client Confidentiality
7. Knowledge of physical evidence is protected by duty of confidentiality - physical possession of evidence must be preserved in the condition it was received in and turn it over while protecting the client's identity and other confidential information.
Physical Evidence
Client property other than money
Contingent fees
Pay to Play Prohibited
8. A lawyer may never use confidential information to the client's disadvantage.
When representation is not permitted
Diligence
Information gained through representation
Time limits of confidentiality
9. Judge has a duty of fair campaigning. Judge cannot make pledges or promises about how a judge will rule in a case. Judges cannot participate in partisan events except for judicial campaigns. Judges cannot personally solicit campaign donations except
Should Report Lawyer and Judicial Misconduct
Government service after private employment
Campaigning and Partisan Activity
Trial Publicity
10. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Duties re Property of others
Physical Evidence
Reciprocity
11. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Judge of Third Party Neutral
Non-lawyer employees
Diligence
Financial assistance
12. A lawyer currently serving as a public officer shall not negotiate for private employment in a matter in which the lawyer is participating personally and substantially. A law clerk may negotiate after the judge is given notice.
Trust Account Requirements and Interest
Negotiating for Employment
Partnership with nonlawyers
Aiding Unauthorized practice/disbarred Lawyers
13. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Withdrawal: Permissive
Lawyer as Witness
Allocation of Authority between Lawyer and Client
Communication
14. A lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness. Another lawyer in the firm may represent the client if it is not a conflict with a current or former client.
Prospective Client Confidentiality
Lawyer as Witness
Confidentiality Exception:Court order
Limiting Liability
15. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
False or Misleading Statements
Withdrawal Procedure
Duty of Subordinate Lawyers
Factors of reasonableness
16. A lawyer may not make a statement about specialization - except patent - trademark - and proctor in admiralty. You may say your practice is limited to or has an emphasis in a certain type of law.
Specialization and Fields of Practice
Encouragement of Pro Bono
Special Responsibilities of Prosecutors
Associating with Other Counsel
17. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Impermissible Conduct in Litigation
Specialization and Fields of Practice
Confidentiality Exception:Legal Advice
Withdrawal and COI
18. A lawyer shall not represent a client in a matter directly adverse to a client represented by a related lawyer - unless client gives informed written consent and the representation is not a concurrent conflict.
Non-lawyer employees
Payment from a third person
Sexual relations with a client
Related lawyers
19. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Aiding Unauthorized practice/disbarred Lawyers
Diligence
Meretricious and Frivolous Claims
20. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Communication
Impropriety and the Appearance of Impropriety
Gifts
21. A lawyer had a duty to expedite litigation.
Expediting Litigation
Accounts
Client may consent to prospective client conflict
Confidentiality Exception:Future Crime
22. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Use by other persons
Multijurisdictional Practice
Gifts
Prospective Client Conflict Requirements
23. Lawyer shall not have sex with a current client unless a consensual sexual relationship existed prior to the attorney-client relationship. Other members of the firm may represent the client.
Retainers
Prospective Client Conflict Requirements
Sexual relations with a client
Emergencies
24. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Impermissible Conduct in Litigation
Confirmed in writing
Factors of reasonableness
Trust Account Requirements and Interest
25. A lawyer shall not reveal information relating to the representation unless the client gives informed consent - the disclosure is impliedly authorized to carry out the representation - or as permitted by the RPCs.
Trust Account Requirements and Interest
Diligence
Confidentiality Exceptions: Death or substantial Bodily Injury
Information relating to the representation
26. If the lawyer knows an employee is engaged in action that violates a legal duty to the organization or violates the law and may substantially injure the organization - the lawyer shall proceed in the best interests of the organization and may refer t
Prospective Client Confidentiality
Should Report Professional Misconduct
Taking a matter up the ladder
Solicitation by Direct Mail
27. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Solicitation by Direct Mail
Campaigning and Partisan Activity
Informed Consent
Gifts
28. Judge must avoid impropriety and the appearance of impropriety - no ex parte contact - no taking gifts - limited public comment about pending cases - no court experts except with notice to the parties - no use of confidential information obtained as
Diligence
Discrimination
Impropriety and the Appearance of Impropriety
Information gained through representation
29. A lawyer may reveal information relating to the representation to inform a tribunal about any client's breach of fiduciary responsibility when the client is serving as a court appointed fiduciary.
Purchase of a new law practice
Confidentiality Exception:Court Fiduciary
Withdrawal and COI
Associating with Other Counsel
30. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Client property other than money
Communication
Imputed Conflicts of interest
Withdrawal: Mandatory
31. A lawyer must not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if there is a significant risk that the representation will be materially limited by the lawyer's responsi
Use by other persons
Concurrent Conflict of Interest
Payment from a third person
Aggregate settlements and pleas
32. Lawyer must withdraw when: lawyer is discharged; continued representation will result in a violation of the RPCs; or the lawyer's physical or mental condition unreasonable impairs te lawyer's ability to represent the client.
Media rights
Should Report Lawyer and Judicial Misconduct
Withdrawal: Mandatory
Multijurisdictional Practice
33. Business transactions with clients are prohibited unless: (1) the terms are fair and reasonable - (2)fully disclosed in writing in terms the client can understand - (3) client must have been advised in writing to seek independent counsel and given re
Disputes over flat fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Business transactions with a client
Proprietary Interests
34. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Court Fiduciary
Splitting fees
Confidentiality Exception:Future Crime
Effect of Lawyer's termination with a firm
35. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Should Report Professional Misconduct
Physical Evidence
Withdrawal and COI
Government service after private employment
36. A lawyer has a duty of confidentiality and loyalty.
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37. WSBA does spot audits on trust accounts and a lawyer can be disciplined for improper accounting even if no funds are missing. The lawyer must make provision with the financial institution to have any overdraft notices sent to the WSBA
Audits and Overdrafts
Joining a firm
Business transactions with a client
Informed Consent
38. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Withdrawal Procedure
Aiding Unauthorized practice/disbarred Lawyers
Payment from a third person
Reciprocity
39. A lawyer shall not solicit a substantial gift from a client or prepare an instrument giving the lawyer one unless lawyer is related to the donor. WA disfavors a lawyer drafting an instrument where he is named trustee or personal representative when t
Splitting fees
Confidentiality Exception:Future Crime
Gifts
Concurrent Conflict of Interest
40. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Information relating to the representation
Withdrawal and COI
Disputes over flat fees
Meretricious and Frivolous Claims
41. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Encouragement of Pro Bono
Negotiating for Employment
Attorney Liens
Time limits of confidentiality
42. A lawyer must have a trust account if in private practice and cannot commingle client funds with their own. A trust account must be accurate and up to date. A lawyer may with withdraw client funds that have been paid in advance for fees and costs as
Confirmed in writing
Accounts
Trust Account Requirements and Interest
Solicitation by Direct Mail
43. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Expediting Litigation
Partnership with nonlawyers
Dealing with Third Persons
Confidentiality Exceptions: Death or substantial Bodily Injury
44. A lawyer not admitted in WA shall not establish an office or another permanent presence in WA. Lawyers who are admitted in another jurisdiction performing some legal services in WA may practice in WA if: temporary and in association with an admitted
Encouragement of Pro Bono
Multijurisdictional Practice
Gifts
Lawyer's Duties
45. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Potential Conflicts of Interest
Nonadjudicative Proceedings
Attorney Liens
Imputed Conflicts of interest
46. Lawyer cannot represent anyone in a matter in which the judge participated personally and substantially as a judge unless parties give informed written consent. A firm may represent if lawyer is screened and notice is given. If a lawyer is a partisan
Judge of Third Party Neutral
Trial Publicity
Withdrawal and COI
Should Report Lawyer and Judicial Misconduct
47. Lawyers have a duty to expedite litigation - act in a timely manner - and not neglect cases. A lawyer should manage her caseload so there is enough time to effectively represent all her clients.
Associating with Other Counsel
Diligence
Confidentiality Exception:Court order
Information relating to the representation
48. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Partnership with nonlawyers
Associating with Other Counsel
Information relating to the representation
Related lawyers
49. To be admitted to practice in WA - you must: be a graduate of an ABA approved law school - complete the WSBA clerkship program - or through reciprocity AND be of good moral character.
When Disqualification Required
Client property other than money
Government service after private employment
General Requirement for Admission to Practice
50. A lawyer cannot commit a discriminatory act prohibited by law where the act is committed in connection with the lawyer's professional activities. If the discrimination is prohibited anywhere in WA - lawyer has a duty to not discriminate.
Withdrawal Procedure
Discrimination
When representation is not permitted
Associating with Other Counsel