SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. A lawyer must not take a matter the lawyer is not competent to handle unless the lawyer can become competent without unreasonable expense or delay to the client.
Legal Knowledge and Skill
Potential Conflicts of Interest
Related lawyers
Negotiating for Employment
2. Firm name may be a trade name but cannot be misleading. Names of deceased or retired partners is allowed. Letterhead must designate in what jurisdiction the lawyers are admitted.
Confidentiality Exception:Protect the Lawyer
Firm Names and Designations
Withdrawal and COI
Retainers
3. No other lawyer in the firm shall knowingly represent a person in a matter in which the lawyer is disqualified relating to former clients - unless: lawyer is screened and gets no part of fee - former client gets notice of conflict - firm demonstrates
Joining a firm
Expediting Litigation
Dealing with Third Persons
Financial assistance
4. A lawyer had a duty to expedite litigation.
Withdrawal: Permissive
Expediting Litigation
Trial Publicity
Client Under a Disability
5. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Purchase of a new law practice
Audits and Overdrafts
Withdrawal and COI
Partnership with nonlawyers
6. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Should Report Professional Misconduct
Nonadjudicative Proceedings
Time limits of confidentiality
7. A lawyer must not make an improper (likely to prejudice proceedings) extrajudicial statement to the media. Lawyer may make a statement to protect client from prejudice and may make housekeeping statements about case.
Emergencies
Prospective Client Conflict Requirements
Judge of Third Party Neutral
Trial Publicity
8. Client property that is received must be identified - a receipt given to the client - placed in a secure place - and returned to the client when requested. Client files must be turned over - except work product.
Client property other than money
Aiding Unauthorized practice/disbarred Lawyers
Flat Fees
Client Perjury
9. 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
Business transactions with a client
Effect of Lawyer's termination with a firm
Accounts
Confidentiality Exception:Court Fiduciary
10. A lawyer who has formerly represented a client shall not represent another person in the same or substantially the same matter that is adverse to the former client unless given informed consent.
Information relating to the representation
Withdrawal and COI
Prospective Client Conflict Requirements
Former Clients
11. 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.
Information gained through representation
Prospective Client Confidentiality
Lawyer as Witness
Lawyer's Duties
12. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Payment from a third person
Total fee reasonable
In house counsel
Encouragement of Pro Bono
13. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
When Disqualification Required
Withdrawal and COI
Lawyer as Witness
Dealing with Third Persons
14. A lawyer must be candid with the tribunal and not offer evidence that he knows is false. If lawyer learns evidence is false - he shall reveal that to the tribunal unless prohibited by the RPCs. If prohibited - the lawyer shall take reasonable steps t
Special Rules for Government Personnel
Client Perjury
Withdrawal and COI
False or Misleading Statements
15. Even if no lawyer-client relationship forms - a lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially same matter if the lawyer received information from the prospective cl
Prospective Client Confidentiality
Lawyer as Witness
Prospective Client Conflict Requirements
Confidentiality Exception:Future Crime
16. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Imputed Conflicts of interest
Meretricious and Frivolous Claims
When representation is permitted
Limiting Liability
17. A lawyer may never use confidential information to the client's disadvantage.
Protecting the Client and Unearned Fees in withdrawal
Information gained through representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Responsibilities of Prosecutors
18. 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
Multijurisdictional Practice
Withdrawal Procedure
Nonadjudicative Proceedings
Solicitation in Person
19. When representing an organization - the lawyer represents the entity as a whole acting through its duly authorized constituents and the lawyer's loyalty is with the corporation.
Client Under a Disability
Organization as client
Should Report Professional Misconduct
Former Clients
20. 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.
Information gained through representation
Discrimination
Diligence
Expediting Litigation
21. Lawyer may represent a client if: (1) he reasonably believes he will be able to provide competent and diligent representation; (2) it is not prohibited by law; (3) he is not representing clients in the same litigation; and (4) each affected client gi
Negotiating for Employment
When representation is permitted
Splitting fees
Media rights
22. A lawyer who knows that another lawyer has committed a violation of the RPCs - should inform the WSBA. A lawyer who knows that a judge has committed a violation of the CJC that raises a substantial question as to the judge's fitness should inform the
Trust Account Requirements and Interest
Limiting Liability
Solicitation in Person
Should Report Professional Misconduct
23. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
Withdrawal Procedure
Impropriety and the Appearance of Impropriety
Encouragement of Pro Bono
Allocation of Authority between Lawyer and Client
24. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Confidentiality Exception:Future Crime
Joining a firm
Effect of Lawyer's termination with a firm
25. 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
Information relating to the representation
Flat Fees
Solicitation by Direct Mail
26. Direct mailing is allowed - even targeted mailings.
Related lawyers
Trial Publicity
Solicitation by Direct Mail
Attorney Liens
27. 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
Trust Account Requirements and Interest
Pay to Play Prohibited
Splitting fees
Partnership with nonlawyers
28. 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.
Limiting Liability
Related lawyers
When representation is permitted
Trial Publicity
29. A lawyer may reveal information relating to the representation to establish a claim or defense if involved in litigation or a dispute with the client..
Meretricious and Frivolous Claims
Confidentiality Exception:Protect the Lawyer
Sexual relations with a client
Government service after private employment
30. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Trial Publicity
Aiding Unauthorized practice/disbarred Lawyers
Specialization and Fields of Practice
Factors of reasonableness
31. 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
Special Rules for Government Personnel
Information gained through representation
Imputed Conflicts of interest
32. 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.
Firm Names and Designations
Factors of reasonableness
Negotiating for Employment
Dealing with Third Persons
33. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Information relating to the representation
Communication
Implied Authority
Business transactions with a client
34. A criminal prosecutor has a duty to seek justice and not prosecute unless there is probable cause that the person is guilty of the crime. A prosecutor must advise a defendant of the right to counsel - disclose information that tends to mitigate a fin
Client Under a Disability
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Legal Advice
Special Responsibilities of Prosecutors
35. 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
Confidentiality Exception:Legal Advice
Pay to Play Prohibited
Duty of Subordinate Lawyers
Special Rules for Government Personnel
36. Partners and supervisory lawyers shall make reasonable efforts to ensure that the firm and all lawyers and nonlawyers in the firm comply with the RPCs. A lawyer is responsible for another lawyer's violation of the RPCs if the lawyer orders or with sp
Purchase of a new law practice
Lawyer as Witness
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Legal Advice
37. Judges should report actual knowledge of lawyer or judge misconduct
Promoting Causes Related to the Administration of Justice
Financial assistance
Should Report Lawyer and Judicial Misconduct
Business transactions with a client
38. A firm account is for funds belonging to the lawyer or law firm - and an interest-bearing trust account is for funds belonging to the client. There must be no commingling of funds.
Use by other persons
Client Perjury
Accounts
Financial assistance
39. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Proprietary Interests
Financial assistance
Duty of Subordinate Lawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
40. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Special Rules for Government Personnel
Factors of reasonableness
Splitting fees
Associating with Other Counsel
41. A judge must disqualify herself when the judge's impartiality can be reasonably questioned on the basis of: personal bias - knowledge of disputed facts - personal or household financial interest - serving as lawyer or witness in the matter - the judg
Retainers
Should Report Professional Misconduct
Legal Knowledge and Skill
When Disqualification Required
42. The duty of nondisclosure covers the period prior to and subsequent to the creation of the lawyer-client relationship. After representation - a lawyer shall not use confidential information to the detriment of a former client or for the lawyer's own
Partnership with nonlawyers
Physical Evidence
Time limits of confidentiality
Disputes over flat fees
43. Must be in writing and are not allowed in criminal or dissolution cases. Fee agreement must specify if the fee is calculated on the gross or net recovery.
Contingent fees
Imputed Conflicts of interest
Associating with Other Counsel
Potential Conflicts of Interest
44. 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
Solicitation by Direct Mail
Impropriety and the Appearance of Impropriety
In house counsel
Disputes over flat fees
45. 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
Concurrent Conflict of Interest
Judge of Third Party Neutral
Accounts
Gifts
46. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Confidentiality Exception:Future Crime
Promoting Causes Related to the Administration of Justice
Multijurisdictional Practice
Disputes over flat fees
47. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Proprietary Interests
Meretricious and Frivolous Claims
Protecting the Client and Unearned Fees in withdrawal
Communication
48. A flat fee is a charge by the lawyer which constitutes complete payment for specified legal services. Flat fee agreements must be in writing and include: scope of services to be provided; total amount of fee and terms of payment; fee is the lawyer's
Flat Fees
Confidentiality Exception:Protect the Lawyer
Partnership with nonlawyers
Government service after private employment
49. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Allocation of Authority between Lawyer and Client
Lawyer's Duties
Meretricious and Frivolous Claims
Protecting the Client and Unearned Fees in withdrawal
50. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Government service after private employment
Firm Names and Designations
Lawyer's Duties