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Test your basic knowledge |
Professional Responsibility Bar
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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 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.
Implied Authority
Total fee reasonable
Prospective Client Conflict Requirements
Former Clients
2. A lawyer shall not charge or collect unreasonable fees or expenses.
Withdrawal: Permissive
Total fee reasonable
Withdrawal and COI
Should Report Lawyer and Judicial Misconduct
3. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Time limits of confidentiality
Candor to the Tribunal and Adverse Legal Authority
Prospective Client Conflict Requirements
4. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Negotiating for Employment
Time limits of confidentiality
Reciprocity
Implied Authority
5. 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.
Campaigning and Partisan Activity
General Requirement for Admission to Practice
When representation is not permitted
Solicitation in Person
6. 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
Multijurisdictional Practice
Gifts
Implied Authority
Negotiating for Employment
7. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Use by other persons
Solicitation in Person
Campaigning and Partisan Activity
8. Lawyer must withdraw when: lawyer is discharged; continued representation will result in a violation of the RPCs; or the lawyer's physical or mental condition unreasonable impairs te lawyer's ability to represent the client.
Impermissible Conduct in Litigation
Emergencies
Withdrawal: Mandatory
Confidentiality Exception:Court Fiduciary
9. 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.
Discrimination
Legal Knowledge and Skill
Proprietary Interests
Protecting the Client and Unearned Fees in withdrawal
10. 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
Related lawyers
When representation is permitted
Former Clients
Taking a matter up the ladder
11. 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
Client Under a Disability
Aggregate settlements and pleas
12. 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
When representation is not permitted
Time limits of confidentiality
Discrimination
13. 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.
Pay to Play Prohibited
Client may consent to prospective client conflict
Prospective Client Conflict Requirements
Lawyer as Witness
14. 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.
Legal Knowledge and Skill
Trial Publicity
Special Rules for Government Personnel
Withdrawal Procedure
15. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
In house counsel
Information relating to the representation
Client property other than money
Emergencies
16. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Use by other persons
Information relating to the representation
Legal Knowledge and Skill
17. 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.
Withdrawal: Mandatory
Media rights
Judge of Third Party Neutral
Accounts
18. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Impermissible Conduct in Litigation
Confidentiality Exception:Protect the Lawyer
Trial Publicity
Prospective Client Confidentiality
19. 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.
Impermissible Conduct in Litigation
When representation is not permitted
Media rights
Imputed Conflicts of interest
20. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Expediting Litigation
Discrimination
Lawyer's Duties
21. 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
Contingent fees
Confidentiality Exception:Court order
Supervisory and Subordinate Duties and Liability
22. 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
Trust Account Requirements and Interest
False or Misleading Statements
Lawyer as Witness
Should Report Professional Misconduct
23. 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.
Promoting Causes Related to the Administration of Justice
Financial assistance
Related lawyers
Partnership with nonlawyers
24. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Potential Conflicts of Interest
Solicitation in Person
Emergencies
25. 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).
Flat Fees
Special Responsibilities of Prosecutors
Special Rules for Government Personnel
Client property other than money
26. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Solicitation by Direct Mail
Client may consent to prospective client conflict
Lawyer's Duties
27. 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
Implied Authority
Prospective Client Confidentiality
Solicitation in Person
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
28. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Diligence
Withdrawal and COI
Special Rules for Government Personnel
Client may consent to prospective client conflict
29. 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.
General Requirement for Admission to Practice
Taking a matter up the ladder
False or Misleading Statements
Concurrent Conflict of Interest
30. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Candor to the Tribunal and Adverse Legal Authority
Gifts
31. 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
Trial Publicity
Emergencies
Who is the client
Business transactions with a client
32. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Confidentiality Exception:Court Fiduciary
When Disqualification Required
Meretricious and Frivolous Claims
Duty of Subordinate Lawyers
33. 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
Protecting the Client and Unearned Fees in withdrawal
Concurrent Conflict of Interest
Aiding Unauthorized practice/disbarred Lawyers
Impermissible Conduct in Litigation
34. 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.
Judge of Third Party Neutral
Confidentiality Exception:Court Fiduciary
Pay to Play Prohibited
Use by other persons
35. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Impermissible Conduct in Litigation
Limiting Liability
Nonadjudicative Proceedings
Effect of Lawyer's termination with a firm
36. 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
Time limits of confidentiality
Limiting Liability
Lawyer's Duties
Purchase of a new law practice
37. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Aggregate settlements and pleas
Communication
Duties re Property of others
38. A lawyer may never use confidential information to the client's disadvantage.
Client Under a Disability
Information gained through representation
General Requirement for Admission to Practice
Discrimination
39. 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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40. If the client is a corporation - the informed consent needs to come from the entity.
Who is the client
Judge of Third Party Neutral
Dealing with Third Persons
Expediting Litigation
41. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Client Perjury
Should Report Lawyer and Judicial Misconduct
Imputed Conflicts of interest
Duties re Property of others
42. 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.
Proprietary Interests
Trial Publicity
Accounts
Should Report Lawyer and Judicial Misconduct
43. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
When representation is not permitted
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Duty of Subordinate Lawyers
44. 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
Withdrawal: Permissive
Confidentiality Exception:Legal Advice
Flat Fees
Audits and Overdrafts
45. 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.
Client may consent to prospective client conflict
Withdrawal: Permissive
Allocation of Authority between Lawyer and Client
Physical Evidence
46. Retainers is a fee that is paid to a lawyer to be available during a specified period of time or matter - in addition to any compensation for legal services performed. Retainers agreements must be in writing and are the lawyer's property and do not g
When Disqualification Required
Associating with Other Counsel
Retainers
Related lawyers
47. 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
In house counsel
Candor to the Tribunal and Adverse Legal Authority
Proprietary Interests
Aiding Unauthorized practice/disbarred Lawyers
48. 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
Solicitation in Person
Discrimination
Financial assistance
49. A lawyer had a duty to expedite litigation.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Responsibilities of Prosecutors
Confidentiality Exception:Future Crime
Expediting Litigation
50. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Discrimination
Use by other persons
Client may consent to prospective client conflict
Confidentiality Exception:Legal Advice
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