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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. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Impropriety and the Appearance of Impropriety
Client may consent to prospective client conflict
Reciprocity
Partnership with nonlawyers
2. 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.
Negotiating for Employment
Disputes over flat fees
Media rights
Duties re Property of others
3. Direct mailing is allowed - even targeted mailings.
Withdrawal Procedure
Solicitation by Direct Mail
Gifts
Prospective Client Confidentiality
4. 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
Factors of reasonableness
Joining a firm
Retainers
Protecting the Client and Unearned Fees in withdrawal
5. 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
Disputes over flat fees
Withdrawal: Permissive
Should Report Professional Misconduct
Legal Knowledge and Skill
6. 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
Candor to the Tribunal and Adverse Legal Authority
Special Responsibilities of Prosecutors
Withdrawal and COI
Taking a matter up the ladder
7. 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
Reciprocity
Organization as client
Impropriety and the Appearance of Impropriety
Time limits of confidentiality
8. Client property that is received must be identified - a receipt given to the client - placed in a secure place - and returned to the client when requested. Client files must be turned over - except work product.
Client property other than money
Emergencies
Legal Knowledge and Skill
Client Under a Disability
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
Negotiating for Employment
Client Under a Disability
Multijurisdictional Practice
Discrimination
10. 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.
False or Misleading Statements
Trial Publicity
Retainers
Imputed Conflicts of interest
11. 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
Taking a matter up the ladder
Expediting Litigation
Splitting fees
12. 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
Trust Account Requirements and Interest
Reciprocity
Attorney Liens
13. A lawyer had a duty to expedite litigation.
Impropriety and the Appearance of Impropriety
Factors of reasonableness
Nonadjudicative Proceedings
Expediting Litigation
14. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Judge of Third Party Neutral
Government service after private employment
Physical Evidence
Effect of Lawyer's termination with a firm
15. 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
Communication
Campaigning and Partisan Activity
Potential Conflicts of Interest
Former Clients
16. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Use by other persons
Solicitation in Person
Sexual relations with a client
Encouragement of Pro Bono
17. 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.
Discrimination
Impropriety and the Appearance of Impropriety
Informed Consent
Negotiating for Employment
18. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Client may consent to prospective client conflict
Allocation of Authority between Lawyer and Client
Withdrawal and COI
Special Rules for Government Personnel
19. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Pay to Play Prohibited
Should Report Lawyer and Judicial Misconduct
Splitting fees
Emergencies
20. 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
Related lawyers
Judge of Third Party Neutral
Campaigning and Partisan Activity
Business transactions with a client
21. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Prospective Client Confidentiality
Total fee reasonable
Reciprocity
22. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aggregate settlements and pleas
Firm Names and Designations
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Legal Advice
23. 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
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Court order
Audits and Overdrafts
Confidentiality Exception:Legal Advice
24. 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.
Lawyer as Witness
Implied Authority
Joining a firm
Special Rules for Government Personnel
25. 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.
Duty of Subordinate Lawyers
Legal Knowledge and Skill
When representation is permitted
Diligence
26. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
General Requirement for Admission to Practice
Confirmed in writing
Discrimination
27. A lawyer may reveal information relating to the representation to comply with a court order.
Client property other than money
Attorney Liens
Confidentiality Exception:Court order
Information relating to the representation
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
Splitting fees
Who is the client
Withdrawal and COI
Impropriety and the Appearance of Impropriety
29. 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
Duty of Subordinate Lawyers
Audits and Overdrafts
Reciprocity
Encouragement of Pro Bono
30. 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
Government service after private employment
Impropriety and the Appearance of Impropriety
In house counsel
31. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Physical Evidence
Diligence
Time limits of confidentiality
32. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Campaigning and Partisan Activity
Meretricious and Frivolous Claims
Client Perjury
Encouragement of Pro Bono
33. 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
Withdrawal and COI
Emergencies
Imputed Conflicts of interest
Client Perjury
34. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Retainers
Financial assistance
Judge of Third Party Neutral
Factors of reasonableness
35. 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
Associating with Other Counsel
Should Report Professional Misconduct
Concurrent Conflict of Interest
Supervisory and Subordinate Duties and Liability
36. 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.
Accounts
Meretricious and Frivolous Claims
Firm Names and Designations
Trial Publicity
37. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
In house counsel
When Disqualification Required
Communication
Purchase of a new law practice
38. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Withdrawal: Mandatory
Information relating to the representation
Prospective Client Confidentiality
39. 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
Financial assistance
Imputed Conflicts of interest
Withdrawal: Permissive
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
When representation is permitted
Business transactions with a client
Solicitation in Person
Flat Fees
41. 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
Government service after private employment
Trust Account Requirements and Interest
Physical Evidence
Emergencies
42. 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.
Duty of Subordinate Lawyers
Withdrawal: Mandatory
Confirmed in writing
Purchase of a new law practice
43. 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.
Diligence
Client Under a Disability
Should Report Lawyer and Judicial Misconduct
Attorney Liens
44. 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.
Confidentiality Exception:Protect the Lawyer
Impropriety and the Appearance of Impropriety
Aggregate settlements and pleas
Allocation of Authority between Lawyer and Client
45. 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:Protect the Lawyer
Effect of Lawyer's termination with a firm
Gifts
Related lawyers
46. A judge must disqualify herself when the judge's impartiality can be reasonably questioned on the basis of: personal bias - knowledge of disputed facts - personal or household financial interest - serving as lawyer or witness in the matter - the judg
When Disqualification Required
Splitting fees
Sexual relations with a client
Non-lawyer employees
47. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Lawyer as Witness
When Disqualification Required
Dealing with Third Persons
48. 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..
Duty of Subordinate Lawyers
Confidentiality Exception:Protect the Lawyer
Contingent fees
Reciprocity
49. 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
Expediting Litigation
Trial Publicity
Attorney Liens
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
50. A lawyer has a duty of confidentiality and loyalty.
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