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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. 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.
Encouragement of Pro Bono
Pay to Play Prohibited
Physical Evidence
Implied Authority
2. 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
Total fee reasonable
Discrimination
Media rights
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
3. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Duties re Property of others
Joining a firm
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
4. 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.
Duties re Property of others
Imputed Conflicts of interest
Client Perjury
Related lawyers
5. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Supervisory and Subordinate Duties and Liability
Client may consent to prospective client conflict
Disputes over flat fees
Multijurisdictional Practice
6. 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
Informed Consent
Special Responsibilities of Prosecutors
Accounts
7. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Physical Evidence
Attorney Liens
Meretricious and Frivolous Claims
Withdrawal and COI
8. 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
Protecting the Client and Unearned Fees in withdrawal
Client may consent to prospective client conflict
Confidentiality Exceptions: Death or substantial Bodily Injury
9. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Legal Advice
Confidentiality Exception:Future Crime
Should Report Lawyer and Judicial Misconduct
Joining a firm
10. 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
Information relating to the representation
Confirmed in writing
Time limits of confidentiality
Withdrawal Procedure
11. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Reciprocity
Nonadjudicative Proceedings
Encouragement of Pro Bono
Client may consent to prospective client conflict
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
Partnership with nonlawyers
Physical Evidence
Sexual relations with a client
Duties re Property of others
13. 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.
Potential Conflicts of Interest
Partnership with nonlawyers
Retainers
Diligence
14. 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.
Solicitation by Direct Mail
Gifts
Legal Knowledge and Skill
Payment from a third person
15. 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.
Aggregate settlements and pleas
Business transactions with a client
Concurrent Conflict of Interest
Associating with Other Counsel
16. 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
Client property other than money
Trust Account Requirements and Interest
Impropriety and the Appearance of Impropriety
Use by other persons
17. 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.
General Requirement for Admission to Practice
Factors of reasonableness
Client Under a Disability
Confidentiality Exception:Court order
18. 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..
Duties re Property of others
Related lawyers
Multijurisdictional Practice
Confidentiality Exception:Protect the Lawyer
19. A lawyer may reveal information relating to the representation to comply with a court order.
Contingent fees
Concurrent Conflict of Interest
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Court order
20. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Aiding Unauthorized practice/disbarred Lawyers
Supervisory and Subordinate Duties and Liability
Promoting Causes Related to the Administration of Justice
21. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Taking a matter up the ladder
Encouragement of Pro Bono
Confidentiality Exception:Court order
Former Clients
22. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Partnership with nonlawyers
Protecting the Client and Unearned Fees in withdrawal
Reciprocity
Former Clients
23. 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.
When representation is not permitted
Expediting Litigation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Negotiating for Employment
24. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Diligence
Total fee reasonable
Associating with Other Counsel
Candor to the Tribunal and Adverse Legal Authority
25. 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
Campaigning and Partisan Activity
Confidentiality Exception:Court Fiduciary
Confirmed in writing
Media rights
26. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Protecting the Client and Unearned Fees in withdrawal
Joining a firm
Confidentiality Exception:Future Crime
27. Lawyer cannot represent anyone in a matter in which the judge participated personally and substantially as a judge unless parties give informed written consent. A firm may represent if lawyer is screened and notice is given. If a lawyer is a partisan
Communication
Use by other persons
Attorney Liens
Judge of Third Party Neutral
28. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Who is the client
Solicitation by Direct Mail
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confirmed in writing
29. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Trust Account Requirements and Interest
Candor to the Tribunal and Adverse Legal Authority
When Disqualification Required
Limiting Liability
30. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Business transactions with a client
Emergencies
Client Perjury
31. 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
Client Perjury
Diligence
Communication
Splitting fees
32. Must be in writing and are not allowed in criminal or dissolution cases. Fee agreement must specify if the fee is calculated on the gross or net recovery.
Meretricious and Frivolous Claims
Withdrawal Procedure
Government service after private employment
Contingent fees
33. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Special Rules for Government Personnel
Government service after private employment
Communication
Joining a firm
34. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Legal Knowledge and Skill
Specialization and Fields of Practice
Duties re Property of others
Emergencies
35. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Lawyer as Witness
Reciprocity
Client Under a Disability
Withdrawal and COI
36. 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.
Confidentiality Exception:Court Fiduciary
Special Responsibilities of Prosecutors
Solicitation in Person
Specialization and Fields of Practice
37. 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.
Withdrawal Procedure
Payment from a third person
Confidentiality Exception:Court Fiduciary
Multijurisdictional Practice
38. 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.
Solicitation by Direct Mail
Sexual relations with a client
Partnership with nonlawyers
Dealing with Third Persons
39. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
In house counsel
Prospective Client Confidentiality
Disputes over flat fees
Negotiating for Employment
40. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Multijurisdictional Practice
Candor to the Tribunal and Adverse Legal Authority
Imputed Conflicts of interest
Confidentiality Exception:Legal Advice
41. 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.
Contingent fees
Trial Publicity
Dealing with Third Persons
Special Responsibilities of Prosecutors
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).
Special Rules for Government Personnel
Imputed Conflicts of interest
Encouragement of Pro Bono
Effect of Lawyer's termination with a firm
43. 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
Client Under a Disability
Proprietary Interests
Withdrawal: Permissive
44. 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
Flat Fees
Imputed Conflicts of interest
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
45. 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
Non-lawyer employees
Discrimination
Confirmed in writing
46. 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.
Duty of Subordinate Lawyers
Withdrawal Procedure
Confidentiality Exception:Court order
Media rights
47. 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
Media rights
Special Rules for Government Personnel
Payment from a third person
Supervisory and Subordinate Duties and Liability
48. 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
Specialization and Fields of Practice
Imputed Conflicts of interest
Related lawyers
49. 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
Purchase of a new law practice
Client Perjury
Pay to Play Prohibited
Total fee reasonable
50. 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).
Withdrawal Procedure
In house counsel
Potential Conflicts of Interest
Judge of Third Party Neutral