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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 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
Splitting fees
Client property other than money
Withdrawal and COI
2. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Meretricious and Frivolous Claims
Potential Conflicts of Interest
Time limits of confidentiality
Dealing with Third Persons
3. 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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4. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Emergencies
Withdrawal and COI
Lawyer's Duties
Firm Names and Designations
5. No other lawyer in the firm shall knowingly represent a person in a matter in which the lawyer is disqualified relating to former clients - unless: lawyer is screened and gets no part of fee - former client gets notice of conflict - firm demonstrates
Meretricious and Frivolous Claims
Joining a firm
Contingent fees
Campaigning and Partisan Activity
6. 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
Client Perjury
Diligence
Splitting fees
7. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Specialization and Fields of Practice
Confidentiality Exception:Future Crime
Nonadjudicative Proceedings
Should Report Professional Misconduct
8. 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
Client Under a Disability
Information relating to the representation
Client may consent to prospective client conflict
Purchase of a new law practice
9. 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
Audits and Overdrafts
Multijurisdictional Practice
Implied Authority
Confirmed in writing
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
Proprietary Interests
When representation is permitted
Protecting the Client and Unearned Fees in withdrawal
Information gained through representation
11. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Prospective Client Confidentiality
Gifts
Informed Consent
Withdrawal: Permissive
12. 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
General Requirement for Admission to Practice
Retainers
Emergencies
Discrimination
13. 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
Concurrent Conflict of Interest
Related lawyers
Candor to the Tribunal and Adverse Legal Authority
Information gained through representation
14. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Withdrawal: Permissive
Confidentiality Exceptions: Death or substantial Bodily Injury
Promoting Causes Related to the Administration of Justice
Diligence
15. A lawyer may never use confidential information to the client's disadvantage.
Information relating to the representation
Financial assistance
Information gained through representation
Retainers
16. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Confidentiality Exception:Court Fiduciary
Emergencies
Payment from a third person
Discrimination
17. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Specialization and Fields of Practice
Information relating to the representation
Confidentiality Exception:Legal Advice
Should Report Professional Misconduct
18. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Special Responsibilities of Prosecutors
Time limits of confidentiality
Legal Knowledge and Skill
19. 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 Disqualification Required
Discrimination
Confidentiality Exception:Protect the Lawyer
Sexual relations with a client
20. 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.
Protecting the Client and Unearned Fees in withdrawal
Taking a matter up the ladder
Impermissible Conduct in Litigation
Retainers
21. 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.
Special Responsibilities of Prosecutors
Information gained through representation
Partnership with nonlawyers
When representation is not permitted
22. 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
Legal Knowledge and Skill
Partnership with nonlawyers
Client Perjury
When representation is permitted
23. 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
Lawyer as Witness
Pay to Play Prohibited
Solicitation in Person
Encouragement of Pro Bono
24. 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.
Promoting Causes Related to the Administration of Justice
Solicitation by Direct Mail
Supervisory and Subordinate Duties and Liability
False or Misleading Statements
25. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Payment from a third person
Concurrent Conflict of Interest
Negotiating for Employment
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
Dealing with Third Persons
Information gained through representation
Prospective Client Conflict Requirements
27. 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 Exceptions: Death or substantial Bodily Injury
Special Rules for Government Personnel
Related lawyers
Client may consent to prospective client conflict
28. 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
Implied Authority
Time limits of confidentiality
Disputes over flat fees
Impropriety and the Appearance of Impropriety
29. 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
Time limits of confidentiality
Special Rules for Government Personnel
Taking a matter up the ladder
Multijurisdictional Practice
30. 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.
Discrimination
Associating with Other Counsel
Use by other persons
Payment from a third person
31. 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
Related lawyers
Should Report Professional Misconduct
Factors of reasonableness
Physical Evidence
32. 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
Withdrawal Procedure
Organization as client
Trust Account Requirements and Interest
When representation is permitted
33. Judges should report actual knowledge of lawyer or judge misconduct
Sexual relations with a client
Should Report Lawyer and Judicial Misconduct
Aiding Unauthorized practice/disbarred Lawyers
Candor to the Tribunal and Adverse Legal Authority
34. 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.
Taking a matter up the ladder
Nonadjudicative Proceedings
Accounts
Information relating to the representation
35. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Disputes over flat fees
Joining a firm
When Disqualification Required
36. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Reciprocity
Withdrawal Procedure
Business transactions with a client
37. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Confirmed in writing
Reciprocity
Client may consent to prospective client conflict
Confidentiality Exception:Future Crime
38. 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).
Supervisory and Subordinate Duties and Liability
Judge of Third Party Neutral
Withdrawal Procedure
Media rights
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
Diligence
Client Perjury
Nonadjudicative Proceedings
Special Responsibilities of Prosecutors
40. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
When representation is permitted
Solicitation in Person
Prospective Client Confidentiality
Diligence
41. 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.
Meretricious and Frivolous Claims
Special Rules for Government Personnel
Non-lawyer employees
Information gained through representation
42. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Gifts
Purchase of a new law practice
Client may consent to prospective client conflict
43. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confidentiality Exceptions: Death or substantial Bodily Injury
Dealing with Third Persons
Confirmed in writing
Confidentiality Exception:Legal Advice
44. 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.
Promoting Causes Related to the Administration of Justice
Trial Publicity
When representation is permitted
Withdrawal: Mandatory
45. 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
Partnership with nonlawyers
Taking a matter up the ladder
Time limits of confidentiality
Campaigning and Partisan Activity
46. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Candor to the Tribunal and Adverse Legal Authority
Duty of Subordinate Lawyers
Sexual relations with a client
47. 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.
Dealing with Third Persons
General Requirement for Admission to Practice
Flat Fees
Time limits of confidentiality
48. 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.
Pay to Play Prohibited
Former Clients
Client Under a Disability
Multijurisdictional Practice
49. Direct mailing is allowed - even targeted mailings.
Firm Names and Designations
Candor to the Tribunal and Adverse Legal Authority
Solicitation by Direct Mail
Former Clients
50. 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
Associating with Other Counsel
When Disqualification Required
Business transactions with a client
Total fee reasonable