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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 judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
When Disqualification Required
Promoting Causes Related to the Administration of Justice
Prospective Client Confidentiality
Client property other than money
2. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Diligence
Implied Authority
Should Report Professional Misconduct
3. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Time limits of confidentiality
Trial Publicity
Confirmed in writing
Prospective Client Conflict Requirements
4. 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.
Informed Consent
Imputed Conflicts of interest
Lawyer as Witness
Former Clients
5. 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.
Confidentiality Exception:Court order
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Joining a firm
Legal Knowledge and Skill
6. 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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7. 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.
Solicitation by Direct Mail
Discrimination
Retainers
Pay to Play Prohibited
8. 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
Withdrawal: Mandatory
Confidentiality Exceptions: Death or substantial Bodily Injury
Should Report Lawyer and Judicial Misconduct
9. 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.
Promoting Causes Related to the Administration of Justice
When Disqualification Required
Withdrawal Procedure
Sexual relations with a client
10. 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
Confidentiality Exception:Future Crime
Government service after private employment
Prospective Client Conflict Requirements
Firm Names and Designations
11. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
Imputed Conflicts of interest
Meretricious and Frivolous Claims
12. A lawyer has a duty of confidentiality and loyalty.
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13. 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.
Withdrawal: Mandatory
Duty of Subordinate Lawyers
Partnership with nonlawyers
Trial Publicity
14. 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
Judge of Third Party Neutral
Aggregate settlements and pleas
When representation is permitted
15. 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
Attorney Liens
Associating with Other Counsel
Meretricious and Frivolous Claims
16. 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.
Candor to the Tribunal and Adverse Legal Authority
Solicitation in Person
Media rights
Splitting fees
17. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Duty of Subordinate Lawyers
Business transactions with a client
Implied Authority
Limiting Liability
18. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Should Report Professional Misconduct
Client Under a Disability
Withdrawal: Mandatory
In house counsel
19. A lawyer or law firm shall not accept a governmental legal engagement or an appointment by a judge id the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining the appointment or engagement
Special Responsibilities of Prosecutors
Reciprocity
Aiding Unauthorized practice/disbarred Lawyers
Pay to Play Prohibited
20. 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
Contingent fees
Media rights
Business transactions with a client
Purchase of a new law practice
21. 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.
Solicitation in Person
Related lawyers
Pay to Play Prohibited
Withdrawal: Mandatory
22. 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
Duty of Subordinate Lawyers
Retainers
Campaigning and Partisan Activity
Prospective Client Conflict Requirements
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
General Requirement for Admission to Practice
Confirmed in writing
Former Clients
24. 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
Non-lawyer employees
Audits and Overdrafts
Client Perjury
Implied Authority
25. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Negotiating for Employment
Impermissible Conduct in Litigation
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
26. 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.
Information relating to the representation
Should Report Lawyer and Judicial Misconduct
Government service after private employment
Effect of Lawyer's termination with a firm
27. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Encouragement of Pro Bono
Should Report Professional Misconduct
Communication
Lawyer's Duties
28. 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
Sexual relations with a client
Client Perjury
Aiding Unauthorized practice/disbarred Lawyers
When representation is permitted
29. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Multijurisdictional Practice
Use by other persons
Reciprocity
Dealing with Third Persons
30. 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.
Client Under a Disability
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal Procedure
Judge of Third Party Neutral
31. 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
Confidentiality Exception:Court order
Confirmed in writing
Prospective Client Confidentiality
Splitting fees
32. 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.
Trial Publicity
Limiting Liability
Specialization and Fields of Practice
Solicitation in Person
33. 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
Supervisory and Subordinate Duties and Liability
Protecting the Client and Unearned Fees in withdrawal
Prospective Client Conflict Requirements
Candor to the Tribunal and Adverse Legal Authority
34. 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.
Taking a matter up the ladder
Accounts
Client property other than money
Dealing with Third Persons
35. 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
Lawyer as Witness
Physical Evidence
Imputed Conflicts of interest
Audits and Overdrafts
36. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Lawyer as Witness
Concurrent Conflict of Interest
When Disqualification Required
37. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Retainers
Government service after private employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Future Crime
38. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Purchase of a new law practice
Nonadjudicative Proceedings
Withdrawal Procedure
Discrimination
39. 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
Organization as client
Special Responsibilities of Prosecutors
Disputes over flat fees
Gifts
40. 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).
Confidentiality Exception:Court order
Related lawyers
Impropriety and the Appearance of Impropriety
Special Rules for Government Personnel
41. 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
Firm Names and Designations
When Disqualification Required
In house counsel
Impropriety and the Appearance of Impropriety
42. 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
When Disqualification Required
Nonadjudicative Proceedings
Who is the client
Disputes over flat fees
43. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
When representation is permitted
Business transactions with a client
Multijurisdictional Practice
44. 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.
Disputes over flat fees
Limiting Liability
Associating with Other Counsel
Confidentiality Exception:Court Fiduciary
45. 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
Audits and Overdrafts
Client may consent to prospective client conflict
Purchase of a new law practice
Proprietary Interests
46. A conflict is not consentable if it involves asserting a claim by one client against another in the same litigation or if it is prohibited by law.
Confidentiality Exception:Legal Advice
When representation is not permitted
Time limits of confidentiality
Lawyer's Duties
47. 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
Limiting Liability
Impropriety and the Appearance of Impropriety
Potential Conflicts of Interest
Solicitation by Direct Mail
48. 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
Physical Evidence
Client Perjury
Should Report Lawyer and Judicial Misconduct
49. Lawyer may not form partnership with nonlawyers if any part of the business constitutes the practice of law (giving legal advice - drafting legal documents - representing a person in court or other formal proceeding - negotiating legal rights of a pe
Partnership with nonlawyers
Reciprocity
Duties re Property of others
Purchase of a new law practice
50. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Sexual relations with a client
General Requirement for Admission to Practice
Aggregate settlements and pleas