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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. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Special Rules for Government Personnel
Withdrawal and COI
Protecting the Client and Unearned Fees in withdrawal
Time limits of confidentiality
2. 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
Who is the client
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Legal Knowledge and Skill
3. Lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims unless each client gives informed written consent. Client must know how much each client is getting.
Aggregate settlements and pleas
Total fee reasonable
Pay to Play Prohibited
Candor to the Tribunal and Adverse Legal Authority
4. 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
Withdrawal and COI
Encouragement of Pro Bono
Non-lawyer employees
5. 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.
Limiting Liability
Duty of Subordinate Lawyers
Accounts
Specialization and Fields of Practice
6. 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
When representation is permitted
Total fee reasonable
Former Clients
Nonadjudicative Proceedings
7. 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.
Confidentiality Exception:Court order
When representation is permitted
False or Misleading Statements
Retainers
8. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Retainers
Allocation of Authority between Lawyer and Client
Emergencies
Client Perjury
9. Prior to conclusion of representation - a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights on information relating to the representation.
Media rights
Duties re Property of others
Client property other than money
Taking a matter up the ladder
10. 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
Encouragement of Pro Bono
Nonadjudicative Proceedings
Duty of Subordinate Lawyers
Protecting the Client and Unearned Fees in withdrawal
11. 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.
When Disqualification Required
Client Under a Disability
Use by other persons
Communication
12. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Impropriety and the Appearance of Impropriety
Attorney Liens
Special Responsibilities of Prosecutors
13. 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.
Gifts
Discrimination
Government service after private employment
Client may consent to prospective client conflict
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.
Lawyer as Witness
Aggregate settlements and pleas
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
When representation is not permitted
15. A lawyer shall not acquire a proprietary interest in a matter in which the lawyer is involved - but may: 1) acquire a lien to secure the lawyer's fee or expenses - 2) contract with a client for reasonable contingent fee in a civil case.
Negotiating for Employment
Implied Authority
Proprietary Interests
Nonadjudicative Proceedings
16. 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
Should Report Professional Misconduct
Firm Names and Designations
Solicitation in Person
Multijurisdictional Practice
17. 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
Client property other than money
Impropriety and the Appearance of Impropriety
Media rights
Firm Names and Designations
18. A lawyer shall not accept payment from a third party unless: 1) client gives informed consent - 2) lawyer's independent judgment is not compromised - and 3) information relating to the representation is protected.
Duty of Subordinate Lawyers
Business transactions with a client
Payment from a third person
Promoting Causes Related to the Administration of Justice
19. 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.
Proprietary Interests
Trust Account Requirements and Interest
Trial Publicity
When Disqualification Required
20. 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
Dealing with Third Persons
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Accounts
Concurrent Conflict of Interest
21. If the conflict is not adverse but could become so - factors are the possibility or likelihood the conflict will occur and whether the representation would be materially limited because of the lawyer's other responsibilities. A lawyer must obtain wri
Negotiating for Employment
Pay to Play Prohibited
Client property other than money
Potential Conflicts of Interest
22. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Should Report Professional Misconduct
Allocation of Authority between Lawyer and Client
Confirmed in writing
23. 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
Flat Fees
Related lawyers
When Disqualification Required
Discrimination
24. 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
Factors of reasonableness
Organization as client
Impermissible Conduct in Litigation
Should Report Professional Misconduct
25. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Confirmed in writing
Special Responsibilities of Prosecutors
Prospective Client Conflict Requirements
Communication
26. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Dealing with Third Persons
Implied Authority
Informed Consent
Nonadjudicative Proceedings
27. 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
Media rights
Client Under a Disability
Campaigning and Partisan Activity
Concurrent Conflict of Interest
28. 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
Media rights
Gifts
Joining a firm
Withdrawal: Permissive
29. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Limiting Liability
Client property other than money
Financial assistance
Use by other persons
30. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Impropriety and the Appearance of Impropriety
Physical Evidence
Candor to the Tribunal and Adverse Legal Authority
31. When a lawyer leaves a firm - the firm is not prohibited from representing a client with interests materially adverse to those of a client represented by a former lawyer unless (1) it is a same or substantially related matter - or 2) any remaining la
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32. 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.
Splitting fees
Government service after private employment
Special Responsibilities of Prosecutors
Contingent fees
33. 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.
Client property other than money
Former Clients
Disputes over flat fees
Impermissible Conduct in Litigation
34. A lawyer cannot knowingly make or fail to correct a false statement of law or fact to the tribunal. A lawyer must reveal controlling authority - directly adverse to the position taken. A lawyer has no duty to disclose facts adverse to the other party
Candor to the Tribunal and Adverse Legal Authority
Client Perjury
Time limits of confidentiality
Legal Knowledge and Skill
35. 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.
Trial Publicity
Firm Names and Designations
Use by other persons
Discrimination
36. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Flat Fees
Protecting the Client and Unearned Fees in withdrawal
Proprietary Interests
Trust Account Requirements and Interest
37. 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.
Confidentiality Exception:Protect the Lawyer
Purchase of a new law practice
Information relating to the representation
Client property other than money
38. 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
Factors of reasonableness
Meretricious and Frivolous Claims
Discrimination
39. A lawyer shall not represent a client in a matter in which the lawyer participated personally and substantially while in government unless agency gives informed consent (other members of firm may represent if screened and government given notice).
Effect of Lawyer's termination with a firm
Special Rules for Government Personnel
Confidentiality Exception:Court Fiduciary
Limiting Liability
40. Retainers is a fee that is paid to a lawyer to be available during a specified period of time or matter - in addition to any compensation for legal services performed. Retainers agreements must be in writing and are the lawyer's property and do not g
Legal Knowledge and Skill
Gifts
In house counsel
Retainers
41. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Former Clients
Solicitation in Person
Implied Authority
Withdrawal and COI
42. 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
Impermissible Conduct in Litigation
Meretricious and Frivolous Claims
Special Responsibilities of Prosecutors
Payment from a third person
43. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Use by other persons
Financial assistance
Splitting fees
44. 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
Proprietary Interests
Purchase of a new law practice
Flat Fees
Payment from a third person
45. Fee splitting with a nonlawyer is NOT allowed. Lawyer may split fees with a lawyer outside the firm if the fee is split in proportion to the work done or each lawyer assumes joint responsibility. Client must give informed consent (amount received by
Communication
Splitting fees
Client Under a Disability
Diligence
46. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Special Responsibilities of Prosecutors
Candor to the Tribunal and Adverse Legal Authority
Duties re Property of others
Specialization and Fields of Practice
47. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Campaigning and Partisan Activity
Withdrawal: Mandatory
Withdrawal Procedure
48. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Communication
Duty of Subordinate Lawyers
Gifts
49. 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..
Impermissible Conduct in Litigation
Confidentiality Exception:Protect the Lawyer
Withdrawal: Mandatory
Firm Names and Designations
50. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Negotiating for Employment
Nonadjudicative Proceedings
When Disqualification Required
Total fee reasonable