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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 representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Splitting fees
Special Rules for Government Personnel
Nonadjudicative Proceedings
Business transactions with a client
2. 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
Accounts
Encouragement of Pro Bono
Concurrent Conflict of Interest
Prospective Client Confidentiality
3. 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
Prospective Client Conflict Requirements
Judge of Third Party Neutral
Withdrawal Procedure
Flat Fees
4. Knowledge of physical evidence is protected by duty of confidentiality - physical possession of evidence must be preserved in the condition it was received in and turn it over while protecting the client's identity and other confidential information.
Physical Evidence
Withdrawal: Permissive
Former Clients
Time limits of confidentiality
5. 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.
Solicitation in Person
Who is the client
Diligence
Audits and Overdrafts
6. 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.
Should Report Lawyer and Judicial Misconduct
Diligence
Non-lawyer employees
Implied Authority
7. 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
Confirmed in writing
Client may consent to prospective client conflict
Factors of reasonableness
Withdrawal Procedure
8. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Court order
Special Responsibilities of Prosecutors
Financial assistance
9. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
Withdrawal: Mandatory
Purchase of a new law practice
Duty of Subordinate Lawyers
Related lawyers
10. 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.
Should Report Professional Misconduct
Withdrawal: Permissive
Organization as client
Impermissible Conduct in Litigation
11. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Associating with Other Counsel
Duties re Property of others
Emergencies
Client Perjury
12. 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
Limiting Liability
Client Perjury
Impermissible Conduct in Litigation
13. 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).
Splitting fees
Discrimination
Campaigning and Partisan Activity
Withdrawal Procedure
14. Judge has a duty of fair campaigning. Judge cannot make pledges or promises about how a judge will rule in a case. Judges cannot participate in partisan events except for judicial campaigns. Judges cannot personally solicit campaign donations except
Duties re Property of others
Campaigning and Partisan Activity
Time limits of confidentiality
Audits and Overdrafts
15. 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.
Client Perjury
When representation is not permitted
Nonadjudicative Proceedings
Specialization and Fields of Practice
16. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Partnership with nonlawyers
Gifts
Duty of Subordinate Lawyers
Aiding Unauthorized practice/disbarred Lawyers
17. 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.
Withdrawal Procedure
Aggregate settlements and pleas
False or Misleading Statements
Legal Knowledge and Skill
18. 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
Non-lawyer employees
Should Report Professional Misconduct
Joining a firm
Audits and Overdrafts
19. 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
Prospective Client Confidentiality
Emergencies
Splitting fees
When representation is permitted
20. A lawyer has a duty of confidentiality and loyalty.
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21. 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
Disputes over flat fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Impermissible Conduct in Litigation
22. 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
Withdrawal: Permissive
Firm Names and Designations
Duties re Property of others
Payment from a third person
23. 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
Prospective Client Conflict Requirements
Confidentiality Exception:Court Fiduciary
Withdrawal: Mandatory
Duties re Property of others
24. 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
Solicitation by Direct Mail
Client property other than money
Pay to Play Prohibited
Information relating to the representation
25. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
General Requirement for Admission to Practice
Partnership with nonlawyers
Confidentiality Exception:Court order
Imputed Conflicts of interest
26. 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
Duties re Property of others
Campaigning and Partisan Activity
General Requirement for Admission to Practice
27. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Total fee reasonable
Duties re Property of others
Client Under a Disability
28. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Solicitation by Direct Mail
Withdrawal Procedure
Retainers
29. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Informed Consent
Associating with Other Counsel
Confidentiality Exception:Court order
Dealing with Third Persons
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
Splitting fees
Attorney Liens
When representation is not permitted
Should Report Professional Misconduct
31. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Campaigning and Partisan Activity
Withdrawal: Mandatory
Withdrawal and COI
32. 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
Pay to Play Prohibited
Client may consent to prospective client conflict
Financial assistance
33. 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
Negotiating for Employment
Gifts
Multijurisdictional Practice
34. 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
Duty of Subordinate Lawyers
Negotiating for Employment
Potential Conflicts of Interest
Should Report Professional Misconduct
35. 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.
Factors of reasonableness
Effect of Lawyer's termination with a firm
Lawyer's Duties
Related lawyers
36. 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.
Former Clients
Judge of Third Party Neutral
Trust Account Requirements and Interest
General Requirement for Admission to Practice
37. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Who is the client
False or Misleading Statements
When Disqualification Required
Encouragement of Pro Bono
38. If the client is a corporation - the informed consent needs to come from the entity.
Potential Conflicts of Interest
Who is the client
Withdrawal: Permissive
When representation is not permitted
39. 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
Should Report Professional Misconduct
Lawyer's Duties
Non-lawyer employees
40. 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
Information gained through representation
When representation is permitted
Reciprocity
Purchase of a new law practice
41. 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.
Client Perjury
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court Fiduciary
Meretricious and Frivolous Claims
42. 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).
Retainers
Lawyer's Duties
Meretricious and Frivolous Claims
Special Rules for Government Personnel
43. 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
Protecting the Client and Unearned Fees in withdrawal
Multijurisdictional Practice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Potential Conflicts of Interest
44. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court Fiduciary
Non-lawyer employees
Protecting the Client and Unearned Fees in withdrawal
45. 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.
Former Clients
Time limits of confidentiality
Dealing with Third Persons
Promoting Causes Related to the Administration of Justice
46. 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.
Protecting the Client and Unearned Fees in withdrawal
Purchase of a new law practice
Trial Publicity
Specialization and Fields of Practice
47. 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
Solicitation by Direct Mail
Negotiating for Employment
Former Clients
48. 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.
Dealing with Third Persons
Payment from a third person
Trial Publicity
Non-lawyer employees
49. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Disputes over flat fees
Allocation of Authority between Lawyer and Client
Associating with Other Counsel
Protecting the Client and Unearned Fees in withdrawal
50. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Encouragement of Pro Bono
Solicitation in Person
Information relating to the representation
Joining a firm