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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 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
When Disqualification Required
Concurrent Conflict of Interest
Taking a matter up the ladder
2. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exception:Protect the Lawyer
Aiding Unauthorized practice/disbarred Lawyers
Meretricious and Frivolous Claims
Splitting fees
3. 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
Who is the client
Prospective Client Confidentiality
Total fee reasonable
Withdrawal: Permissive
4. 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
Trust Account Requirements and Interest
Confidentiality Exception:Protect the Lawyer
When representation is permitted
Splitting fees
5. 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.
Former Clients
When representation is permitted
Trust Account Requirements and Interest
Confidentiality Exception:Future Crime
6. A lawyer had a duty to expedite litigation.
Special Rules for Government Personnel
Multijurisdictional Practice
Expediting Litigation
Dealing with Third Persons
7. 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
Physical Evidence
Multijurisdictional Practice
Judge of Third Party Neutral
Partnership with nonlawyers
8. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Trust Account Requirements and Interest
Firm Names and Designations
Impropriety and the Appearance of Impropriety
9. 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).
Special Responsibilities of Prosecutors
Withdrawal Procedure
Business transactions with a client
Impropriety and the Appearance of Impropriety
10. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Implied Authority
Prospective Client Confidentiality
Splitting fees
Expediting Litigation
11. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Confidentiality Exception:Future Crime
Prospective Client Conflict Requirements
Proprietary Interests
12. 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
Partnership with nonlawyers
Government service after private employment
Non-lawyer employees
13. 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.
Related lawyers
Negotiating for Employment
Protecting the Client and Unearned Fees in withdrawal
Firm Names and Designations
14. 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.
Attorney Liens
Related lawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
Multijurisdictional Practice
15. 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
Negotiating for Employment
Candor to the Tribunal and Adverse Legal Authority
Firm Names and Designations
Splitting fees
16. 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.
Negotiating for Employment
Associating with Other Counsel
Trial Publicity
Client may consent to prospective client conflict
17. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Associating with Other Counsel
Confidentiality Exception:Legal Advice
Attorney Liens
Limiting Liability
18. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Dealing with Third Persons
Taking a matter up the ladder
Attorney Liens
Confirmed in writing
19. 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
Trust Account Requirements and Interest
Partnership with nonlawyers
Total fee reasonable
Candor to the Tribunal and Adverse Legal Authority
20. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Confidentiality Exception:Court Fiduciary
Audits and Overdrafts
Withdrawal and COI
Factors of reasonableness
21. 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
False or Misleading Statements
Government service after private employment
Total fee reasonable
22. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Trust Account Requirements and Interest
When representation is not permitted
Government service after private employment
Confidentiality Exceptions: Death or substantial Bodily Injury
23. 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.
Specialization and Fields of Practice
Discrimination
Supervisory and Subordinate Duties and Liability
In house counsel
24. 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
Total fee reasonable
Supervisory and Subordinate Duties and Liability
General Requirement for Admission to Practice
25. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Aiding Unauthorized practice/disbarred Lawyers
Trial Publicity
Informed Consent
26. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Confidentiality Exception:Future Crime
Implied Authority
Retainers
Informed Consent
27. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Client may consent to prospective client conflict
Confidentiality Exception:Protect the Lawyer
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Legal Advice
28. 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
Disputes over flat fees
Aggregate settlements and pleas
Organization as client
29. 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
Former Clients
Time limits of confidentiality
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
30. 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
Client may consent to prospective client conflict
Multijurisdictional Practice
Judge of Third Party Neutral
Total fee reasonable
31. 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.
Reciprocity
Payment from a third person
Legal Knowledge and Skill
Business transactions with a client
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
Joining a firm
Emergencies
Physical Evidence
Concurrent Conflict of Interest
33. 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.
Promoting Causes Related to the Administration of Justice
Impermissible Conduct in Litigation
Client may consent to prospective client conflict
Related lawyers
34. 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
Solicitation by Direct Mail
Legal Knowledge and Skill
Taking a matter up the ladder
Special Responsibilities of Prosecutors
35. 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
Retainers
Firm Names and Designations
Withdrawal: Permissive
36. 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
Negotiating for Employment
Firm Names and Designations
Time limits of confidentiality
Joining a firm
37. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Reciprocity
Legal Knowledge and Skill
Protecting the Client and Unearned Fees in withdrawal
Client may consent to prospective client conflict
38. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Payment from a third person
Reciprocity
In house counsel
When representation is not permitted
39. A lawyer shall not reveal information relating to the representation unless the client gives informed consent - the disclosure is impliedly authorized to carry out the representation - or as permitted by the RPCs.
Discrimination
When representation is permitted
Withdrawal: Permissive
Information relating to the representation
40. 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.
Contingent fees
Reciprocity
Duties re Property of others
False or Misleading Statements
41. 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
Partnership with nonlawyers
Gifts
Media rights
Potential Conflicts of Interest
42. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Government service after private employment
Disputes over flat fees
Aggregate settlements and pleas
Emergencies
43. A lawyer may reveal information relating to the representation to comply with a court order.
Communication
Confidentiality Exception:Court order
Impermissible Conduct in Litigation
Confidentiality Exception:Protect the Lawyer
44. A lawyer shall not solicit a substantial gift from a client or prepare an instrument giving the lawyer one unless lawyer is related to the donor. WA disfavors a lawyer drafting an instrument where he is named trustee or personal representative when t
Gifts
Splitting fees
Withdrawal Procedure
Withdrawal and COI
45. 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
Meretricious and Frivolous Claims
Promoting Causes Related to the Administration of Justice
Trust Account Requirements and Interest
Prospective Client Conflict Requirements
46. Judges should report actual knowledge of lawyer or judge misconduct
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Should Report Lawyer and Judicial Misconduct
Multijurisdictional Practice
Encouragement of Pro Bono
47. 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
Confirmed in writing
Campaigning and Partisan Activity
Emergencies
Aiding Unauthorized practice/disbarred Lawyers
48. 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
Client Perjury
Protecting the Client and Unearned Fees in withdrawal
Impropriety and the Appearance of Impropriety
Related lawyers
49. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Partnership with nonlawyers
Total fee reasonable
In house counsel
Supervisory and Subordinate Duties and Liability
50. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Lawyer as Witness
Supervisory and Subordinate Duties and Liability
Special Responsibilities of Prosecutors
Financial assistance