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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. 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
Candor to the Tribunal and Adverse Legal Authority
When Disqualification Required
Duty of Subordinate Lawyers
2. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Impropriety and the Appearance of Impropriety
Dealing with Third Persons
Withdrawal: Permissive
Solicitation by Direct Mail
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
Withdrawal: Permissive
Discrimination
Confidentiality Exception:Court Fiduciary
Client may consent to prospective client conflict
4. 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
Nonadjudicative Proceedings
Special Rules for Government Personnel
Confidentiality Exception:Legal Advice
5. 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..
Physical Evidence
Informed Consent
Client may consent to prospective client conflict
Confidentiality Exception:Protect the Lawyer
6. 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
Prospective Client Conflict Requirements
Specialization and Fields of Practice
Duty of Subordinate Lawyers
7. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Time limits of confidentiality
Communication
Taking a matter up the ladder
Gifts
8. 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
Audits and Overdrafts
When representation is not permitted
Client property other than money
9. 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.
Informed Consent
Withdrawal Procedure
Confidentiality Exception:Court Fiduciary
Sexual relations with a client
10. 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
Nonadjudicative Proceedings
Confidentiality Exception:Court order
Retainers
Imputed Conflicts of interest
11. 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
Trial Publicity
Should Report Professional Misconduct
Prospective Client Confidentiality
Proprietary Interests
12. A lawyer has a duty of confidentiality and loyalty.
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.
Confidentiality Exception:Court Fiduciary
Negotiating for Employment
Client Under a Disability
Withdrawal: Permissive
14. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Financial assistance
Pay to Play Prohibited
Judge of Third Party Neutral
15. 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).
Confidentiality Exception:Court order
General Requirement for Admission to Practice
Special Rules for Government Personnel
Non-lawyer employees
16. 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
Flat Fees
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client Under a Disability
17. 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.
Limiting Liability
Related lawyers
Splitting fees
Effect of Lawyer's termination with a firm
18. 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
19. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Organization as client
Disputes over flat fees
Contingent fees
Communication
20. 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
False or Misleading Statements
Purchase of a new law practice
Special Responsibilities of Prosecutors
Diligence
21. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Nonadjudicative Proceedings
Communication
Emergencies
Non-lawyer employees
22. 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.
Government service after private employment
Impermissible Conduct in Litigation
Effect of Lawyer's termination with a firm
Payment from a third person
23. A lawyer not admitted in WA shall not establish an office or another permanent presence in WA. Lawyers who are admitted in another jurisdiction performing some legal services in WA may practice in WA if: temporary and in association with an admitted
Judge of Third Party Neutral
Client may consent to prospective client conflict
Multijurisdictional Practice
When Disqualification Required
24. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Duties re Property of others
Encouragement of Pro Bono
Confidentiality Exception:Legal Advice
25. 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
Former Clients
Client property other than money
Related lawyers
26. 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
Information gained through representation
Pay to Play Prohibited
Trust Account Requirements and Interest
Implied Authority
27. Judges should report actual knowledge of lawyer or judge misconduct
Time limits of confidentiality
Promoting Causes Related to the Administration of Justice
Should Report Lawyer and Judicial Misconduct
Supervisory and Subordinate Duties and Liability
28. 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:Court Fiduciary
Prospective Client Conflict Requirements
Diligence
Audits and Overdrafts
29. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Concurrent Conflict of Interest
Campaigning and Partisan Activity
Associating with Other Counsel
Splitting fees
30. 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
Associating with Other Counsel
Communication
False or Misleading Statements
31. A lawyer had a duty to expedite litigation.
Purchase of a new law practice
Expediting Litigation
Taking a matter up the ladder
Confidentiality Exceptions: Death or substantial Bodily Injury
32. 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
Physical Evidence
Business transactions with a client
Joining a firm
33. 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
Purchase of a new law practice
Confirmed in writing
Should Report Professional Misconduct
34. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Splitting fees
Reciprocity
Effect of Lawyer's termination with a firm
Aiding Unauthorized practice/disbarred Lawyers
35. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Supervisory and Subordinate Duties and Liability
Specialization and Fields of Practice
Implied Authority
36. 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
Solicitation by Direct Mail
Former Clients
Candor to the Tribunal and Adverse Legal Authority
37. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Should Report Lawyer and Judicial Misconduct
Prospective Client Confidentiality
Confidentiality Exceptions: Death or substantial Bodily Injury
Physical Evidence
38. 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
Withdrawal and COI
Specialization and Fields of Practice
When representation is permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
39. 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
Confidentiality Exception:Court Fiduciary
Payment from a third person
Protecting the Client and Unearned Fees in withdrawal
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.
Sexual relations with a client
Concurrent Conflict of Interest
General Requirement for Admission to Practice
False or Misleading Statements
41. 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.
Proprietary Interests
Meretricious and Frivolous Claims
Information relating to the representation
Impropriety and the Appearance of Impropriety
42. 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.
Former Clients
Associating with Other Counsel
Use by other persons
Non-lawyer employees
43. 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.
Discrimination
When representation is not permitted
False or Misleading Statements
Special Rules for Government Personnel
44. 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
Impermissible Conduct in Litigation
When representation is permitted
Confidentiality Exception:Protect the Lawyer
Specialization and Fields of Practice
45. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Pay to Play Prohibited
Communication
Negotiating for Employment
Withdrawal and COI
46. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Time limits of confidentiality
Trial Publicity
Protecting the Client and Unearned Fees in withdrawal
Client may consent to prospective client conflict
47. 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
Pay to Play Prohibited
Specialization and Fields of Practice
In house counsel
48. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Information relating to the representation
Supervisory and Subordinate Duties and Liability
Diligence
Confidentiality Exception:Legal Advice
49. 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.
Splitting fees
Lawyer as Witness
Firm Names and Designations
Accounts
50. 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
Confidentiality Exception:Protect the Lawyer
Meretricious and Frivolous Claims
Trial Publicity