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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 has a duty of confidentiality and loyalty.
2. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Duty of Subordinate Lawyers
Partnership with nonlawyers
Purchase of a new law practice
Attorney Liens
3. Direct mailing is allowed - even targeted mailings.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Aggregate settlements and pleas
Client property other than money
Solicitation by Direct Mail
4. 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
Financial assistance
Information relating to the representation
Client Perjury
When representation is permitted
5. A lawyer must be fair to opposing counsel and cannot obstruct evidence - falsify evidence - file frivolous discovery requests - refer to inadmissible matters - make statement of opinion - or engage in ex parte contact.
Confidentiality Exception:Court Fiduciary
Diligence
Impermissible Conduct in Litigation
Retainers
6. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Expediting Litigation
Purchase of a new law practice
Confidentiality Exception:Future Crime
Prospective Client Confidentiality
7. 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.
Should Report Professional Misconduct
Nonadjudicative Proceedings
Client property other than money
Firm Names and Designations
8. A lawyer may never use confidential information to the client's disadvantage.
Factors of reasonableness
Information gained through representation
Prospective Client Conflict Requirements
Withdrawal and COI
9. A lawyer may reveal information relating to the representation to comply with a court order.
Partnership with nonlawyers
Client Perjury
Confidentiality Exception:Court order
Information relating to the representation
10. 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
Dealing with Third Persons
Withdrawal and COI
Implied Authority
11. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Meretricious and Frivolous Claims
Factors of reasonableness
False or Misleading Statements
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
12. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Implied Authority
Supervisory and Subordinate Duties and Liability
Non-lawyer employees
Trial Publicity
13. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
In house counsel
Protecting the Client and Unearned Fees in withdrawal
Client Under a Disability
14. 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.
Confirmed in writing
Specialization and Fields of Practice
Special Rules for Government Personnel
Withdrawal and COI
15. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Legal Knowledge and Skill
Reciprocity
Physical Evidence
Confidentiality Exception:Legal Advice
16. 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
Flat Fees
Factors of reasonableness
Retainers
Emergencies
17. 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
Partnership with nonlawyers
Withdrawal: Permissive
Factors of reasonableness
Special Rules for Government Personnel
18. 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.
When representation is permitted
When Disqualification Required
Confidentiality Exception:Legal Advice
Discrimination
19. 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
Information relating to the representation
Taking a matter up the ladder
Impermissible Conduct in Litigation
When Disqualification Required
20. 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.
Information gained through representation
Use by other persons
Meretricious and Frivolous Claims
Client property other than money
21. 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
Flat Fees
Supervisory and Subordinate Duties and Liability
Informed Consent
Legal Knowledge and Skill
22. 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
Proprietary Interests
False or Misleading Statements
Contingent fees
Potential Conflicts of Interest
23. 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.
Lawyer as Witness
Firm Names and Designations
Solicitation by Direct Mail
Former Clients
24. 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
Limiting Liability
Physical Evidence
Taking a matter up the ladder
Retainers
25. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Candor to the Tribunal and Adverse Legal Authority
Contingent fees
Confidentiality Exception:Future Crime
Withdrawal and COI
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.
Concurrent Conflict of Interest
Trust Account Requirements and Interest
Information relating to the representation
Confidentiality Exception:Legal Advice
27. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Flat Fees
Firm Names and Designations
Proprietary Interests
Disputes over flat fees
28. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Confidentiality Exception:Legal Advice
Client Perjury
Duties re Property of others
Supervisory and Subordinate Duties and Liability
29. 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
Information relating to the representation
Confidentiality Exception:Legal Advice
Encouragement of Pro Bono
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.
Emergencies
Purchase of a new law practice
Client Under a Disability
Prospective Client Confidentiality
31. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Trial Publicity
Reciprocity
Firm Names and Designations
Prospective Client Confidentiality
32. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Concurrent Conflict of Interest
Encouragement of Pro Bono
Prospective Client Conflict Requirements
Accounts
33. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Solicitation by Direct Mail
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Judge of Third Party Neutral
34. 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
Concurrent Conflict of Interest
Confidentiality Exception:Future Crime
Business transactions with a client
35. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Emergencies
False or Misleading Statements
36. If the client is a corporation - the informed consent needs to come from the entity.
When Disqualification Required
Legal Knowledge and Skill
Who is the client
Expediting Litigation
37. 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
Taking a matter up the ladder
Client may consent to prospective client conflict
Prospective Client Confidentiality
Flat Fees
38. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Sexual relations with a client
When representation is not permitted
Solicitation in Person
39. 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.
Payment from a third person
Joining a firm
Confidentiality Exception:Protect the Lawyer
Aiding Unauthorized practice/disbarred Lawyers
40. A lawyer had a duty to expedite litigation.
Implied Authority
Lawyer's Duties
Withdrawal and COI
Expediting Litigation
41. 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.
Impermissible Conduct in Litigation
Government service after private employment
When Disqualification Required
Media rights
42. 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
Accounts
Withdrawal Procedure
Should Report Professional Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
43. 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.
Potential Conflicts of Interest
Withdrawal: Mandatory
Implied Authority
Duty of Subordinate Lawyers
44. 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.
Informed Consent
Proprietary Interests
Client Under a Disability
Sexual relations with a client
45. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Reciprocity
Duty of Subordinate Lawyers
Withdrawal: Mandatory
Emergencies
46. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Client Perjury
Proprietary Interests
Protecting the Client and Unearned Fees in withdrawal
47. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Associating with Other Counsel
Negotiating for Employment
Lawyer's Duties
Meretricious and Frivolous Claims
48. 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.
Informed Consent
Emergencies
False or Misleading Statements
General Requirement for Admission to Practice
49. 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.
Total fee reasonable
Use by other persons
When Disqualification Required
Aggregate settlements and pleas
50. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Aggregate settlements and pleas
Negotiating for Employment
Factors of reasonableness