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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 who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Organization as client
Client may consent to prospective client conflict
Attorney Liens
Allocation of Authority between Lawyer and Client
2. 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
Prospective Client Confidentiality
Protecting the Client and Unearned Fees in withdrawal
Aiding Unauthorized practice/disbarred Lawyers
Business transactions with a client
3. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Confidentiality Exception:Future Crime
Effect of Lawyer's termination with a firm
Concurrent Conflict of Interest
4. 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.
Trust Account Requirements and Interest
Solicitation in Person
Flat Fees
Diligence
5. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Trust Account Requirements and Interest
Impropriety and the Appearance of Impropriety
Supervisory and Subordinate Duties and Liability
Solicitation in Person
6. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Should Report Lawyer and Judicial Misconduct
Solicitation by Direct Mail
Media rights
Withdrawal and COI
7. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Informed Consent
Contingent fees
Encouragement of Pro Bono
Aggregate settlements and pleas
8. 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.
Nonadjudicative Proceedings
When representation is not permitted
Payment from a third person
Prospective Client Conflict Requirements
9. A lawyer had a duty to expedite litigation.
Encouragement of Pro Bono
Non-lawyer employees
Expediting Litigation
Lawyer's Duties
10. 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..
Encouragement of Pro Bono
Dealing with Third Persons
Joining a firm
Confidentiality Exception:Protect the Lawyer
11. 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
Impropriety and the Appearance of Impropriety
Splitting fees
Duty of Subordinate Lawyers
12. 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
Limiting Liability
Special Rules for Government Personnel
Pay to Play Prohibited
Informed Consent
13. A lawyer has a duty of confidentiality and loyalty.
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14. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Potential Conflicts of Interest
Supervisory and Subordinate Duties and Liability
Trust Account Requirements and Interest
Confirmed in writing
15. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
In house counsel
Government service after private employment
When Disqualification Required
Expediting Litigation
16. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Media rights
Concurrent Conflict of Interest
Client Perjury
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.
Legal Knowledge and Skill
Limiting Liability
Specialization and Fields of Practice
Special Rules for Government Personnel
18. 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.
Informed Consent
Multijurisdictional Practice
Who is the client
Physical Evidence
19. A lawyer may never use confidential information to the client's disadvantage.
Contingent fees
Prospective Client Confidentiality
Taking a matter up the ladder
Information gained through representation
20. 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
Negotiating for Employment
Solicitation by Direct Mail
Encouragement of Pro Bono
21. 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.
Supervisory and Subordinate Duties and Liability
Contingent fees
Special Responsibilities of Prosecutors
Partnership with nonlawyers
22. 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.
Judge of Third Party Neutral
Multijurisdictional Practice
Legal Knowledge and Skill
Effect of Lawyer's termination with a firm
23. 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.
Information relating to the representation
Candor to the Tribunal and Adverse Legal Authority
Business transactions with a client
Organization as client
24. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Promoting Causes Related to the Administration of Justice
Contingent fees
Accounts
25. 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
Partnership with nonlawyers
Meretricious and Frivolous Claims
Allocation of Authority between Lawyer and Client
When representation is permitted
26. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Joining a firm
Communication
Information gained through representation
Allocation of Authority between Lawyer and Client
27. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Contingent fees
Meretricious and Frivolous Claims
Media rights
Promoting Causes Related to the Administration of Justice
28. 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.
Promoting Causes Related to the Administration of Justice
Client property other than money
Duties re Property of others
Aggregate settlements and pleas
29. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Reciprocity
Special Rules for Government Personnel
Should Report Lawyer and Judicial Misconduct
30. 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
Flat Fees
Total fee reasonable
Campaigning and Partisan Activity
Confidentiality Exception:Future Crime
31. 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
Meretricious and Frivolous Claims
Client Perjury
Joining a firm
Splitting fees
32. 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.
Organization as client
Trust Account Requirements and Interest
Client Perjury
Judge of Third Party Neutral
33. 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
When representation is not permitted
Contingent fees
Implied Authority
34. 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).
Communication
Withdrawal Procedure
Duties re Property of others
Retainers
35. 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.
Flat Fees
Confidentiality Exception:Legal Advice
Candor to the Tribunal and Adverse Legal Authority
Proprietary Interests
36. 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
Concurrent Conflict of Interest
Non-lawyer employees
Encouragement of Pro Bono
Flat Fees
37. Judges should report actual knowledge of lawyer or judge misconduct
Aggregate settlements and pleas
Should Report Lawyer and Judicial Misconduct
Candor to the Tribunal and Adverse Legal Authority
Lawyer as Witness
38. 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
Lawyer as Witness
Client property other than money
False or Misleading Statements
39. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Prospective Client Conflict Requirements
Communication
Organization as client
Encouragement of Pro Bono
40. 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:Legal Advice
Withdrawal: Permissive
When representation is permitted
Confidentiality Exception:Court Fiduciary
41. A lawyer shall not charge or collect unreasonable fees or expenses.
Should Report Lawyer and Judicial Misconduct
Total fee reasonable
General Requirement for Admission to Practice
Confidentiality Exception:Future Crime
42. 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.
Withdrawal: Permissive
Payment from a third person
Discrimination
Trial Publicity
43. 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.
Splitting fees
Aggregate settlements and pleas
Impermissible Conduct in Litigation
Confidentiality Exception:Court Fiduciary
44. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Splitting fees
Supervisory and Subordinate Duties and Liability
Information relating to the representation
Disputes over flat fees
45. 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.
When Disqualification Required
Confidentiality Exception:Court order
Withdrawal: Permissive
Media rights
46. 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.
Specialization and Fields of Practice
Special Rules for Government Personnel
Payment from a third person
Solicitation by Direct Mail
47. 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
Trial Publicity
Splitting fees
Joining a firm
Should Report Lawyer and Judicial Misconduct
48. 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
Expediting Litigation
Effect of Lawyer's termination with a firm
Total fee reasonable
49. 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
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50. 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
Confidentiality Exception:Future Crime
Taking a matter up the ladder
Trial Publicity
Client Under a Disability