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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 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.
Negotiating for Employment
Information relating to the representation
When representation is permitted
Special Responsibilities of Prosecutors
2. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Partnership with nonlawyers
Limiting Liability
Duty of Subordinate Lawyers
In house counsel
3. 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
Business transactions with a client
When representation is permitted
Contingent fees
Information gained through representation
4. 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.
Non-lawyer employees
Should Report Professional Misconduct
Flat Fees
False or Misleading Statements
5. 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
Withdrawal Procedure
Associating with Other Counsel
Should Report Lawyer and Judicial Misconduct
6. 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.
Proprietary Interests
In house counsel
Attorney Liens
Contingent fees
7. 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
Concurrent Conflict of Interest
Confidentiality Exception:Future Crime
Withdrawal and COI
Client Perjury
8. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Flat Fees
Purchase of a new law practice
Withdrawal: Permissive
9. 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
Pay to Play Prohibited
Sexual relations with a client
Lawyer as Witness
10. 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.
Confidentiality Exception:Court Fiduciary
Diligence
Duties re Property of others
Related lawyers
11. 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
Organization as client
Judge of Third Party Neutral
Flat Fees
Supervisory and Subordinate Duties and Liability
12. 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
Partnership with nonlawyers
Government service after private employment
Client may consent to prospective client conflict
13. 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.
Informed Consent
Payment from a third person
Taking a matter up the ladder
Potential Conflicts of Interest
14. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Prospective Client Confidentiality
Attorney Liens
When Disqualification Required
Financial assistance
15. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Aggregate settlements and pleas
Audits and Overdrafts
Encouragement of Pro Bono
Withdrawal and COI
16. 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.
Organization as client
Confidentiality Exception:Legal Advice
Multijurisdictional Practice
Candor to the Tribunal and Adverse Legal Authority
17. 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
18. 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
Proprietary Interests
Flat Fees
Multijurisdictional Practice
Concurrent Conflict of Interest
19. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Media rights
Flat Fees
Confidentiality Exception:Protect the Lawyer
Duties re Property of others
20. 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.
Splitting fees
Physical Evidence
Limiting Liability
Legal Knowledge and Skill
21. 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).
Special Rules for Government Personnel
Audits and Overdrafts
Promoting Causes Related to the Administration of Justice
Diligence
22. 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.
Special Rules for Government Personnel
Client may consent to prospective client conflict
Information relating to the representation
Splitting fees
23. 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.
Limiting Liability
Media rights
False or Misleading Statements
Disputes over flat fees
24. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Client may consent to prospective client conflict
Attorney Liens
Time limits of confidentiality
Candor to the Tribunal and Adverse Legal Authority
25. 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
Lawyer as Witness
Prospective Client Confidentiality
Diligence
26. 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
Time limits of confidentiality
Splitting fees
When representation is not permitted
Who is the client
27. 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.
Withdrawal: Permissive
Confidentiality Exception:Legal Advice
Associating with Other Counsel
Firm Names and Designations
28. 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
Client property other than money
Potential Conflicts of Interest
Should Report Lawyer and Judicial Misconduct
29. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Non-lawyer employees
Lawyer as Witness
In house counsel
30. 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
Should Report Professional Misconduct
When representation is not permitted
Payment from a third person
Physical Evidence
31. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Duty of Subordinate Lawyers
Taking a matter up the ladder
Legal Knowledge and Skill
Confirmed in writing
32. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Impropriety and the Appearance of Impropriety
Aggregate settlements and pleas
Effect of Lawyer's termination with a firm
Confidentiality Exception:Legal Advice
33. 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
Discrimination
Allocation of Authority between Lawyer and Client
Special Responsibilities of Prosecutors
34. 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.
Trial Publicity
Aggregate settlements and pleas
Client Under a Disability
Solicitation in Person
35. 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
Trial Publicity
Joining a firm
Partnership with nonlawyers
False or Misleading Statements
36. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Firm Names and Designations
Organization as client
Promoting Causes Related to the Administration of Justice
Government service after private employment
37. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Candor to the Tribunal and Adverse Legal Authority
Protecting the Client and Unearned Fees in withdrawal
Impermissible Conduct in Litigation
38. 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.
Confidentiality Exception:Court Fiduciary
Judge of Third Party Neutral
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
39. A lawyer may reveal information relating to the representation to comply with a court order.
Diligence
Multijurisdictional Practice
Withdrawal: Mandatory
Confidentiality Exception:Court order
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
Lawyer as Witness
Trial Publicity
Business transactions with a client
Retainers
41. 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
Taking a matter up the ladder
Organization as client
Confidentiality Exception:Legal Advice
Emergencies
42. 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
Potential Conflicts of Interest
Audits and Overdrafts
Nonadjudicative Proceedings
Withdrawal Procedure
43. 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.
Aiding Unauthorized practice/disbarred Lawyers
Accounts
Diligence
When representation is permitted
44. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Associating with Other Counsel
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Purchase of a new law practice
Use by other persons
45. 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
General Requirement for Admission to Practice
Solicitation by Direct Mail
Legal Knowledge and Skill
46. Direct mailing is allowed - even targeted mailings.
When representation is not permitted
Lawyer's Duties
Related lawyers
Solicitation by Direct Mail
47. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Communication
Informed Consent
Dealing with Third Persons
Supervisory and Subordinate Duties and Liability
48. 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
Withdrawal: Mandatory
Lawyer's Duties
Expediting Litigation
Pay to Play Prohibited
49. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Trial Publicity
Special Responsibilities of Prosecutors
Media rights
50. 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
Purchase of a new law practice
Withdrawal: Permissive
Campaigning and Partisan Activity
Splitting fees