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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 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.
When representation is permitted
Dealing with Third Persons
Associating with Other Counsel
Payment from a third person
2. A lawyer shall not charge or collect unreasonable fees or expenses.
General Requirement for Admission to Practice
Prospective Client Confidentiality
Total fee reasonable
Confidentiality Exception:Legal Advice
3. 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.
Withdrawal and COI
Factors of reasonableness
Discrimination
Organization as client
4. 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
Potential Conflicts of Interest
Business transactions with a client
Withdrawal: Mandatory
5. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Client property other than money
Total fee reasonable
Financial assistance
Related lawyers
6. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Communication
Trust Account Requirements and Interest
Multijurisdictional Practice
Attorney Liens
7. A lawyer has a duty of confidentiality and loyalty.
8. 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
Duty of Subordinate Lawyers
Communication
Information relating to the representation
9. 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.
Time limits of confidentiality
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
Specialization and Fields of Practice
10. 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
Purchase of a new law practice
Campaigning and Partisan Activity
Communication
Partnership with nonlawyers
11. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Information relating to the representation
Payment from a third person
Meretricious and Frivolous Claims
Legal Knowledge and Skill
12. 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.
Non-lawyer employees
Media rights
Effect of Lawyer's termination with a firm
Audits and Overdrafts
13. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Aggregate settlements and pleas
Confidentiality Exception:Future Crime
Supervisory and Subordinate Duties and Liability
Nonadjudicative Proceedings
14. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Should Report Professional Misconduct
Associating with Other Counsel
Disputes over flat fees
Aggregate settlements and pleas
15. 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
Who is the client
Pay to Play Prohibited
Promoting Causes Related to the Administration of Justice
Partnership with nonlawyers
16. 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
Factors of reasonableness
Nonadjudicative Proceedings
Dealing with Third Persons
When Disqualification Required
17. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Future Crime
Imputed Conflicts of interest
Nonadjudicative Proceedings
18. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Time limits of confidentiality
Splitting fees
Discrimination
Emergencies
19. 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.
Partnership with nonlawyers
Diligence
Effect of Lawyer's termination with a firm
Protecting the Client and Unearned Fees in withdrawal
20. 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
Splitting fees
Impermissible Conduct in Litigation
Expediting Litigation
Dealing with Third Persons
21. 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
Former Clients
Encouragement of Pro Bono
Should Report Lawyer and Judicial Misconduct
22. 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
Candor to the Tribunal and Adverse Legal Authority
Concurrent Conflict of Interest
Encouragement of Pro Bono
Withdrawal: Permissive
23. 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.
Contingent fees
When representation is not permitted
Solicitation in Person
Physical Evidence
24. 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
When representation is not permitted
Candor to the Tribunal and Adverse Legal Authority
Encouragement of Pro Bono
25. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Information gained through representation
Special Responsibilities of Prosecutors
Aiding Unauthorized practice/disbarred Lawyers
Firm Names and Designations
26. Judges should report actual knowledge of lawyer or judge misconduct
Campaigning and Partisan Activity
Should Report Lawyer and Judicial Misconduct
Meretricious and Frivolous Claims
Impermissible Conduct in Litigation
27. A lawyer must be fair to opposing counsel and cannot obstruct evidence - falsify evidence - file frivolous discovery requests - refer to inadmissible matters - make statement of opinion - or engage in ex parte contact.
Allocation of Authority between Lawyer and Client
Factors of reasonableness
Impermissible Conduct in Litigation
Business transactions with a client
28. 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
Impermissible Conduct in Litigation
Confidentiality Exception:Future Crime
Prospective Client Conflict Requirements
29. 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
Judge of Third Party Neutral
Gifts
Special Rules for Government Personnel
Client Under a Disability
30. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Prospective Client Conflict Requirements
Partnership with nonlawyers
Should Report Professional Misconduct
31. 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
Who is the client
Client property other than money
Dealing with Third Persons
32. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Future Crime
Proprietary Interests
Information gained through representation
In house counsel
33. 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.
Use by other persons
Former Clients
Encouragement of Pro Bono
Sexual relations with a client
34. 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
35. 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
Confidentiality Exception:Legal Advice
When Disqualification Required
Withdrawal: Permissive
Joining a firm
36. 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.
Withdrawal Procedure
Client Under a Disability
Attorney Liens
Negotiating for Employment
37. 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
Campaigning and Partisan Activity
Specialization and Fields of Practice
Confidentiality Exception:Court Fiduciary
Impropriety and the Appearance of Impropriety
38. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Confidentiality Exception:Future Crime
Duties re Property of others
Purchase of a new law practice
39. 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
Impropriety and the Appearance of Impropriety
In house counsel
Special Responsibilities of Prosecutors
40. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Factors of reasonableness
Confidentiality Exception:Future Crime
Client may consent to prospective client conflict
Withdrawal: Permissive
41. 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
Withdrawal: Mandatory
Informed Consent
Campaigning and Partisan Activity
Reciprocity
42. 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
Withdrawal Procedure
Concurrent Conflict of Interest
Factors of reasonableness
43. 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
Negotiating for Employment
When representation is permitted
Diligence
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
44. 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.
Encouragement of Pro Bono
Client property other than money
Related lawyers
Financial assistance
45. 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..
Confidentiality Exception:Protect the Lawyer
Firm Names and Designations
General Requirement for Admission to Practice
Trial Publicity
46. 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
Diligence
Associating with Other Counsel
Withdrawal Procedure
47. 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
Promoting Causes Related to the Administration of Justice
Organization as client
Campaigning and Partisan Activity
48. If the client is a corporation - the informed consent needs to come from the entity.
Expediting Litigation
Potential Conflicts of Interest
Nonadjudicative Proceedings
Who is the client
49. 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
Expediting Litigation
Former Clients
50. 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
Withdrawal: Mandatory
Prospective Client Conflict Requirements
Attorney Liens