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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. 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
Time limits of confidentiality
Allocation of Authority between Lawyer and Client
Audits and Overdrafts
Should Report Lawyer and Judicial Misconduct
2. 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
Protecting the Client and Unearned Fees in withdrawal
Trust Account Requirements and Interest
Aggregate settlements and pleas
Gifts
3. A lawyer shall not charge or collect unreasonable fees or expenses.
Client may consent to prospective client conflict
Total fee reasonable
Confidentiality Exception:Court order
Communication
4. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
General Requirement for Admission to Practice
Government service after private employment
Potential Conflicts of Interest
Information gained through representation
5. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Imputed Conflicts of interest
Special Rules for Government Personnel
Splitting fees
6. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Emergencies
Reciprocity
Pay to Play Prohibited
Concurrent Conflict of Interest
7. 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.
False or Misleading Statements
Former Clients
Payment from a third person
Nonadjudicative Proceedings
8. 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
Limiting Liability
In house counsel
9. If the client is a corporation - the informed consent needs to come from the entity.
Judge of Third Party Neutral
False or Misleading Statements
Who is the client
Confidentiality Exception:Protect the Lawyer
10. 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.
Legal Knowledge and Skill
Financial assistance
Related lawyers
Non-lawyer employees
11. A lawyer has a duty of confidentiality and loyalty.
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12. 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
Business transactions with a client
Multijurisdictional Practice
Partnership with nonlawyers
Purchase of a new law practice
13. 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
Special Responsibilities of Prosecutors
Limiting Liability
Promoting Causes Related to the Administration of Justice
Supervisory and Subordinate Duties and Liability
14. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
In house counsel
Prospective Client Confidentiality
15. A lawyer had a duty to expedite litigation.
Promoting Causes Related to the Administration of Justice
Business transactions with a client
Expediting Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
16. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Physical Evidence
Purchase of a new law practice
Encouragement of Pro Bono
17. 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.
Withdrawal: Permissive
Specialization and Fields of Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
Encouragement of Pro Bono
18. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Contingent fees
Implied Authority
Impermissible Conduct in Litigation
Protecting the Client and Unearned Fees in withdrawal
19. A lawyer may never use confidential information to the client's disadvantage.
Client Under a Disability
Withdrawal and COI
In house counsel
Information gained through representation
20. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Protect the Lawyer
Disputes over flat fees
Confidentiality Exception:Future Crime
Implied Authority
21. 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
Informed Consent
Information gained through representation
Should Report Lawyer and Judicial Misconduct
22. 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.
Related lawyers
Lawyer as Witness
Client Under a Disability
Confidentiality Exception:Legal Advice
23. 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
Should Report Professional Misconduct
Time limits of confidentiality
Government service after private employment
Physical Evidence
24. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Former Clients
Physical Evidence
Information gained through representation
Attorney Liens
25. 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
Former Clients
Pay to Play Prohibited
Potential Conflicts of Interest
Candor to the Tribunal and Adverse Legal Authority
26. 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.
Partnership with nonlawyers
General Requirement for Admission to Practice
Communication
Should Report Professional Misconduct
27. 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.
Solicitation by Direct Mail
Former Clients
Total fee reasonable
Special Responsibilities of Prosecutors
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.
Duties re Property of others
Duty of Subordinate Lawyers
Protecting the Client and Unearned Fees in withdrawal
Sexual relations with a client
29. 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
Prospective Client Conflict Requirements
Promoting Causes Related to the Administration of Justice
When Disqualification Required
Confirmed in writing
30. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Confidentiality Exception:Future Crime
Factors of reasonableness
Trial Publicity
Encouragement of Pro Bono
31. 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.
Physical Evidence
Solicitation in Person
Related lawyers
Joining a firm
32. 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
Informed Consent
When Disqualification Required
Flat Fees
Use by other persons
33. 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.
Accounts
Lawyer as Witness
Gifts
Firm Names and Designations
34. 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
Communication
Specialization and Fields of Practice
Campaigning and Partisan Activity
Splitting fees
35. 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.
Media rights
Negotiating for Employment
Organization as client
Prospective Client Confidentiality
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
Contingent fees
Withdrawal: Permissive
Emergencies
37. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Confidentiality Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
General Requirement for Admission to Practice
Total fee reasonable
38. A lawyer shall not acquire a proprietary interest in a matter in which the lawyer is involved - but may: 1) acquire a lien to secure the lawyer's fee or expenses - 2) contract with a client for reasonable contingent fee in a civil case.
Gifts
Client may consent to prospective client conflict
Proprietary Interests
Special Responsibilities of Prosecutors
39. 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
Organization as client
Business transactions with a client
When representation is permitted
Proprietary Interests
40. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Special Rules for Government Personnel
When representation is not permitted
Impropriety and the Appearance of Impropriety
Aiding Unauthorized practice/disbarred Lawyers
41. 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.
Confidentiality Exception:Legal Advice
Prospective Client Conflict Requirements
Time limits of confidentiality
Payment from a third person
42. 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
Flat Fees
Organization as client
Should Report Professional Misconduct
Emergencies
43. 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
Who is the client
Flat Fees
Dealing with Third Persons
Client Perjury
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.
Imputed Conflicts of interest
Confidentiality Exception:Future Crime
Aggregate settlements and pleas
Trust Account Requirements and Interest
45. 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).
Confirmed in writing
Retainers
Total fee reasonable
Special Rules for Government Personnel
46. 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..
Solicitation in Person
Confidentiality Exception:Protect the Lawyer
Information gained through representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
47. 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
Withdrawal and COI
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
Information relating to the representation
48. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Factors of reasonableness
Prospective Client Confidentiality
Duty of Subordinate Lawyers
Gifts
49. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Who is the client
Withdrawal and COI
Concurrent Conflict of Interest
Associating with Other Counsel
50. 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
Special Rules for Government Personnel
Payment from a third person
Concurrent Conflict of Interest
Former Clients