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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 may reveal information relating to the representation to establish a claim or defense if involved in litigation or a dispute with the client..
Confidentiality Exception:Protect the Lawyer
Protecting the Client and Unearned Fees in withdrawal
Informed Consent
Expediting Litigation
2. 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
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Future Crime
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Solicitation in Person
3. 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
Withdrawal: Permissive
Concurrent Conflict of Interest
Impropriety and the Appearance of Impropriety
Gifts
4. 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.
Nonadjudicative Proceedings
Sexual relations with a client
Time limits of confidentiality
Accounts
5. 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.
Related lawyers
Disputes over flat fees
Media rights
Aggregate settlements and pleas
6. 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
Withdrawal: Mandatory
Multijurisdictional Practice
Special Rules for Government Personnel
7. 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.
Total fee reasonable
Diligence
Confidentiality Exception:Court Fiduciary
Confirmed in writing
8. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Limiting Liability
Confidentiality Exception:Court order
Emergencies
Legal Knowledge and Skill
9. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Aggregate settlements and pleas
Solicitation in Person
Special Rules for Government Personnel
Supervisory and Subordinate Duties and Liability
10. 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
Gifts
When Disqualification Required
Special Rules for Government Personnel
Diligence
11. 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.
Candor to the Tribunal and Adverse Legal Authority
Legal Knowledge and Skill
Confidentiality Exception:Future Crime
Withdrawal and COI
12. 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
Sexual relations with a client
Meretricious and Frivolous Claims
Taking a matter up the ladder
Nonadjudicative Proceedings
13. 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.
Related lawyers
Taking a matter up the ladder
False or Misleading Statements
Trial Publicity
14. 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.
Trust Account Requirements and Interest
Non-lawyer employees
Confidentiality Exception:Court Fiduciary
Joining a firm
15. 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
Multijurisdictional Practice
Trust Account Requirements and Interest
Should Report Professional Misconduct
Government service after private employment
16. 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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17. 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.
Taking a matter up the ladder
Duty of Subordinate Lawyers
Client Perjury
Media rights
18. 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
Sexual relations with a client
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
19. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Supervisory and Subordinate Duties and Liability
Limiting Liability
Nonadjudicative Proceedings
Should Report Professional Misconduct
20. 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.
Information relating to the representation
Legal Knowledge and Skill
Withdrawal: Mandatory
Firm Names and Designations
21. 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
Potential Conflicts of Interest
Should Report Professional Misconduct
General Requirement for Admission to Practice
Special Rules for Government Personnel
22. 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.
Sexual relations with a client
Organization as client
Time limits of confidentiality
Confirmed in writing
23. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Withdrawal: Permissive
Potential Conflicts of Interest
Government service after private employment
Gifts
24. 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
Contingent fees
Multijurisdictional Practice
Firm Names and Designations
Partnership with nonlawyers
25. 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
Time limits of confidentiality
Purchase of a new law practice
Special Responsibilities of Prosecutors
Discrimination
26. A lawyer may reveal information relating to the representation to comply with a court order.
Solicitation by Direct Mail
Confidentiality Exception:Court order
Taking a matter up the ladder
Confidentiality Exception:Legal Advice
27. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Accounts
Impropriety and the Appearance of Impropriety
Discrimination
28. 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.
Sexual relations with a client
Duty of Subordinate Lawyers
Protecting the Client and Unearned Fees in withdrawal
Government service after private employment
29. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Limiting Liability
Communication
Pay to Play Prohibited
Promoting Causes Related to the Administration of Justice
30. 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.
Discrimination
Confidentiality Exception:Protect the Lawyer
When Disqualification Required
Physical Evidence
31. 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
Retainers
Discrimination
Client may consent to prospective client conflict
Factors of reasonableness
32. 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
Splitting fees
Prospective Client Conflict Requirements
Withdrawal: Permissive
33. 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.
Government service after private employment
Use by other persons
Allocation of Authority between Lawyer and Client
Discrimination
34. 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
Negotiating for Employment
Associating with Other Counsel
Physical Evidence
35. A lawyer had a duty to expedite litigation.
Expediting Litigation
Lawyer as Witness
Use by other persons
When representation is not permitted
36. If the client is a corporation - the informed consent needs to come from the entity.
Factors of reasonableness
Aggregate settlements and pleas
Who is the client
Special Responsibilities of Prosecutors
37. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Legal Advice
Reciprocity
Who is the client
38. Judges should report actual knowledge of lawyer or judge misconduct
Withdrawal Procedure
Allocation of Authority between Lawyer and Client
Should Report Lawyer and Judicial Misconduct
Protecting the Client and Unearned Fees in withdrawal
39. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Impropriety and the Appearance of Impropriety
Flat Fees
Dealing with Third Persons
Non-lawyer employees
40. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Joining a firm
In house counsel
Allocation of Authority between Lawyer and Client
Withdrawal Procedure
41. 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
Related lawyers
Financial assistance
When representation is permitted
Limiting Liability
42. 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
Media rights
Withdrawal: Permissive
Multijurisdictional Practice
43. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Withdrawal: Mandatory
Confidentiality Exception:Court order
Aggregate settlements and pleas
44. 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
Lawyer's Duties
Potential Conflicts of Interest
Confidentiality Exception:Protect the Lawyer
Encouragement of Pro Bono
45. 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.
General Requirement for Admission to Practice
Supervisory and Subordinate Duties and Liability
Special Responsibilities of Prosecutors
Financial assistance
46. 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.
Audits and Overdrafts
Dealing with Third Persons
Confidentiality Exception:Future Crime
Trial Publicity
47. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Sexual relations with a client
Who is the client
When Disqualification Required
Promoting Causes Related to the Administration of Justice
48. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Emergencies
Duty of Subordinate Lawyers
Audits and Overdrafts
Confidentiality Exceptions: Death or substantial Bodily Injury
49. 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.
Client Under a Disability
Who is the client
Implied Authority
Impermissible Conduct in Litigation
50. 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
Specialization and Fields of Practice
Client may consent to prospective client conflict
Pay to Play Prohibited
Associating with Other Counsel
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