SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. 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
Should Report Lawyer and Judicial Misconduct
Allocation of Authority between Lawyer and Client
Campaigning and Partisan Activity
Joining a firm
2. 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
Special Responsibilities of Prosecutors
Disputes over flat fees
Flat Fees
Proprietary Interests
3. A lawyer had a duty to expedite litigation.
Expediting Litigation
Client may consent to prospective client conflict
Prospective Client Confidentiality
Diligence
4. 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.
Effect of Lawyer's termination with a firm
Judge of Third Party Neutral
Diligence
Withdrawal Procedure
5. 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.
Prospective Client Conflict Requirements
Firm Names and Designations
Use by other persons
Confidentiality Exceptions: Death or substantial Bodily Injury
6. 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
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
7. 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
Client may consent to prospective client conflict
Pay to Play Prohibited
Solicitation by Direct Mail
8. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Confidentiality Exception:Protect the Lawyer
Non-lawyer employees
Audits and Overdrafts
Attorney Liens
9. 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
Withdrawal: Mandatory
Firm Names and Designations
Impermissible Conduct in Litigation
Audits and Overdrafts
10. 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
Impermissible Conduct in Litigation
Withdrawal: Mandatory
Joining a firm
11. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Partnership with nonlawyers
Should Report Professional Misconduct
Limiting Liability
12. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Lawyer's Duties
Physical Evidence
Firm Names and Designations
13. 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.
Gifts
Special Rules for Government Personnel
When representation is not permitted
Should Report Lawyer and Judicial Misconduct
14. 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
Client Perjury
Disputes over flat fees
Firm Names and Designations
Reciprocity
15. 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
Supervisory and Subordinate Duties and Liability
Prospective Client Conflict Requirements
Diligence
Solicitation by Direct Mail
16. 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
Withdrawal and COI
Organization as client
Flat Fees
Nonadjudicative Proceedings
17. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Specialization and Fields of Practice
Financial assistance
Aiding Unauthorized practice/disbarred Lawyers
Client property other than money
18. 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
Meretricious and Frivolous Claims
Withdrawal: Permissive
Who is the client
Protecting the Client and Unearned Fees in withdrawal
19. 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.
Accounts
Organization as client
Trial Publicity
Disputes over flat fees
20. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
False or Misleading Statements
Financial assistance
Total fee reasonable
Firm Names and Designations
21. 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
Concurrent Conflict of Interest
Purchase of a new law practice
When representation is permitted
Disputes over flat fees
22. 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.
Emergencies
Expediting Litigation
Related lawyers
Protecting the Client and Unearned Fees in withdrawal
23. 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
Payment from a third person
Trust Account Requirements and Interest
Meretricious and Frivolous Claims
Proprietary Interests
24. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Associating with Other Counsel
Splitting fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Former Clients
25. 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.
When Disqualification Required
Confidentiality Exception:Future Crime
Lawyer as Witness
Prospective Client Confidentiality
26. 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
When Disqualification Required
Supervisory and Subordinate Duties and Liability
Judge of Third Party Neutral
Trial Publicity
27. 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.
Solicitation by Direct Mail
Imputed Conflicts of interest
Potential Conflicts of Interest
Use by other persons
28. 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.
Meretricious and Frivolous Claims
Concurrent Conflict of Interest
Factors of reasonableness
False or Misleading Statements
29. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Gifts
Audits and Overdrafts
Encouragement of Pro Bono
Associating with Other Counsel
30. 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
Pay to Play Prohibited
Physical Evidence
Media rights
31. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Use by other persons
Encouragement of Pro Bono
Confidentiality Exceptions: Death or substantial Bodily Injury
Contingent fees
32. 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
Information gained through representation
Allocation of Authority between Lawyer and Client
Promoting Causes Related to the Administration of Justice
Concurrent Conflict of Interest
33. 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.
Organization as client
Media rights
Splitting fees
Aggregate settlements and pleas
34. A lawyer has a duty of confidentiality and loyalty.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
35. 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.
Information relating to the representation
Use by other persons
Purchase of a new law practice
Confidentiality Exception:Court Fiduciary
36. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Trial Publicity
Withdrawal and COI
Media rights
Withdrawal: Mandatory
37. 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).
Contingent fees
Withdrawal Procedure
When representation is permitted
Should Report Professional Misconduct
38. 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.
Media rights
Accounts
Business transactions with a client
Client may consent to prospective client conflict
39. 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.
Multijurisdictional Practice
Sexual relations with a client
Use by other persons
Lawyer as Witness
40. 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
Candor to the Tribunal and Adverse Legal Authority
Should Report Professional Misconduct
Negotiating for Employment
Time limits of confidentiality
41. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Potential Conflicts of Interest
Who is the client
Accounts
42. 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.
Confidentiality Exception:Protect the Lawyer
Judge of Third Party Neutral
Media rights
Withdrawal Procedure
43. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Pay to Play Prohibited
Impermissible Conduct in Litigation
Retainers
Disputes over flat fees
44. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Payment from a third person
Dealing with Third Persons
Prospective Client Confidentiality
Aiding Unauthorized practice/disbarred Lawyers
45. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Implied Authority
Client may consent to prospective client conflict
Multijurisdictional Practice
Meretricious and Frivolous Claims
46. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Multijurisdictional Practice
Solicitation in Person
Partnership with nonlawyers
In house counsel
47. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Communication
Diligence
Reciprocity
48. 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
Joining a firm
Meretricious and Frivolous Claims
Associating with Other Counsel
Disputes over flat fees
49. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Promoting Causes Related to the Administration of Justice
Time limits of confidentiality
Business transactions with a client
Emergencies
50. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Confidentiality Exception:Future Crime
Potential Conflicts of Interest
Special Responsibilities of Prosecutors
In house counsel