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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. 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
Informed Consent
Client Perjury
Payment from a third person
Splitting fees
2. 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
Trust Account Requirements and Interest
Dealing with Third Persons
Special Responsibilities of Prosecutors
Allocation of Authority between Lawyer and Client
3. 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
Flat Fees
Government service after private employment
Client property other than money
4. 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
Total fee reasonable
Confidentiality Exception:Court order
Retainers
5. 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
Negotiating for Employment
Multijurisdictional Practice
Reciprocity
Use by other persons
6. 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
General Requirement for Admission to Practice
Associating with Other Counsel
Impropriety and the Appearance of Impropriety
Nonadjudicative Proceedings
7. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Pay to Play Prohibited
Disputes over flat fees
Accounts
Nonadjudicative Proceedings
8. Partners and supervisory lawyers shall make reasonable efforts to ensure that the firm and all lawyers and nonlawyers in the firm comply with the RPCs. A lawyer is responsible for another lawyer's violation of the RPCs if the lawyer orders or with sp
Supervisory and Subordinate Duties and Liability
Disputes over flat fees
Candor to the Tribunal and Adverse Legal Authority
False or Misleading Statements
9. 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
Disputes over flat fees
Contingent fees
Confidentiality Exception:Future Crime
Judge of Third Party Neutral
10. 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.
Imputed Conflicts of interest
Aiding Unauthorized practice/disbarred Lawyers
Impermissible Conduct in Litigation
Government service after private employment
11. 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.
Trial Publicity
Accounts
Should Report Lawyer and Judicial Misconduct
Factors of reasonableness
12. 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
Client property other than money
Potential Conflicts of Interest
Confidentiality Exception:Protect the Lawyer
Withdrawal Procedure
13. 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.
Information relating to the representation
Physical Evidence
When representation is permitted
Government service after private employment
14. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Media rights
Informed Consent
Lawyer as Witness
Aggregate settlements and pleas
15. 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
Sexual relations with a client
When Disqualification Required
Should Report Lawyer and Judicial Misconduct
16. 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
Effect of Lawyer's termination with a firm
General Requirement for Admission to Practice
In house counsel
17. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Pay to Play Prohibited
Solicitation in Person
Duties re Property of others
Trust Account Requirements and Interest
18. 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.
Proprietary Interests
Disputes over flat fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Specialization and Fields of Practice
19. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Implied Authority
Supervisory and Subordinate Duties and Liability
Expediting Litigation
Financial assistance
20. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Emergencies
Lawyer's Duties
Confidentiality Exceptions: Death or substantial Bodily Injury
Client Perjury
21. 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
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Future Crime
Factors of reasonableness
Should Report Professional Misconduct
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.
Legal Knowledge and Skill
Withdrawal: Permissive
Proprietary Interests
Discrimination
23. A lawyer had a duty to expedite litigation.
Time limits of confidentiality
Former Clients
Expediting Litigation
Reciprocity
24. 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
In house counsel
Partnership with nonlawyers
Taking a matter up the ladder
Trust Account Requirements and Interest
25. 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
Trust Account Requirements and Interest
Gifts
Lawyer's Duties
Splitting fees
26. 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.
Client property other than money
Non-lawyer employees
Disputes over flat fees
Lawyer as Witness
27. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Client Perjury
Non-lawyer employees
Associating with Other Counsel
28. 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
Flat Fees
Time limits of confidentiality
Client Perjury
Prospective Client Confidentiality
29. A lawyer has a duty of confidentiality and loyalty.
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30. 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.
Allocation of Authority between Lawyer and Client
Encouragement of Pro Bono
Information relating to the representation
Limiting Liability
31. 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
Client property other than money
Media rights
Joining a firm
Client may consent to prospective client conflict
32. A lawyer may reveal information relating to the representation to comply with a court order.
Client Perjury
Disputes over flat fees
Confidentiality Exception:Court order
Protecting the Client and Unearned Fees in withdrawal
33. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Campaigning and Partisan Activity
Emergencies
Firm Names and Designations
Trial Publicity
34. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Withdrawal Procedure
Reciprocity
Business transactions with a client
Limiting Liability
35. 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.
Withdrawal and COI
Prospective Client Confidentiality
Confidentiality Exception:Legal Advice
Client property other than money
36. 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
Audits and Overdrafts
Candor to the Tribunal and Adverse Legal Authority
Information gained through representation
Informed Consent
37. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
When representation is not permitted
Protecting the Client and Unearned Fees in withdrawal
Partnership with nonlawyers
Withdrawal: Permissive
38. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Legal Knowledge and Skill
Total fee reasonable
Organization as client
Imputed Conflicts of interest
39. 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
Diligence
Confidentiality Exceptions: Death or substantial Bodily Injury
Flat Fees
Client Under a Disability
40. 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.
Who is the client
General Requirement for Admission to Practice
Audits and Overdrafts
Joining a firm
41. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Factors of reasonableness
Prospective Client Confidentiality
Meretricious and Frivolous Claims
Allocation of Authority between Lawyer and Client
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Dealing with Third Persons
Government service after private employment
Associating with Other Counsel
Lawyer as Witness
43. 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.
Attorney Liens
Should Report Lawyer and Judicial Misconduct
Use by other persons
Confidentiality Exceptions: Death or substantial Bodily Injury
44. 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
Special Responsibilities of Prosecutors
Information gained through representation
Campaigning and Partisan Activity
Candor to the Tribunal and Adverse Legal Authority
45. A lawyers must always abide by the RPCs. If a lawyer is asked to do something by a supervisor - the lawyer does not violate the RPCs if the lawyer acts in accordance with the supervisor's reasonable resolution of an arguable question of professional
Prospective Client Confidentiality
Withdrawal and COI
Imputed Conflicts of interest
Duty of Subordinate Lawyers
46. 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
Solicitation in Person
Concurrent Conflict of Interest
Aiding Unauthorized practice/disbarred Lawyers
Taking a matter up the ladder
47. 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.
Trial Publicity
Confidentiality Exception:Court Fiduciary
Confidentiality Exceptions: Death or substantial Bodily Injury
Aiding Unauthorized practice/disbarred Lawyers
48. 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
Should Report Professional Misconduct
Financial assistance
Expediting Litigation
49. 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.
Solicitation in Person
When representation is not permitted
Partnership with nonlawyers
Client property other than money
50. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Lawyer as Witness
Encouragement of Pro Bono
Withdrawal and COI
Who is the client