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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 must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal: Mandatory
Confidentiality Exception:Protect the Lawyer
Attorney Liens
Withdrawal and COI
2. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Effect of Lawyer's termination with a firm
Gifts
Firm Names and Designations
Dealing with Third Persons
3. A lawyer had a duty to expedite litigation.
Attorney Liens
Time limits of confidentiality
Factors of reasonableness
Expediting Litigation
4. 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
Withdrawal: Permissive
Potential Conflicts of Interest
Promoting Causes Related to the Administration of Justice
Organization as client
5. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Nonadjudicative Proceedings
Communication
Duties re Property of others
Joining a firm
6. 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
In house counsel
Confidentiality Exception:Future Crime
Duty of Subordinate Lawyers
When Disqualification Required
7. 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
Special Responsibilities of Prosecutors
Trial Publicity
Associating with Other Counsel
General Requirement for Admission to Practice
8. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Lawyer as Witness
Communication
Physical Evidence
Imputed Conflicts of interest
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
Who is the client
Diligence
Judge of Third Party Neutral
Information gained through representation
10. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Retainers
Confidentiality Exception:Future Crime
Taking a matter up the ladder
Confidentiality Exception:Legal Advice
11. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Future Crime
Firm Names and Designations
Partnership with nonlawyers
12. 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.
When representation is not permitted
Informed Consent
Contingent fees
Withdrawal: Mandatory
13. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Media rights
Reciprocity
Non-lawyer employees
Payment from a third person
14. 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
Disputes over flat fees
Organization as client
Concurrent Conflict of Interest
Should Report Professional Misconduct
15. A lawyer shall not charge or collect unreasonable fees or expenses.
In house counsel
Total fee reasonable
Prospective Client Confidentiality
Prospective Client Conflict Requirements
16. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Accounts
False or Misleading Statements
Sexual relations with a client
Financial assistance
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.
Media rights
Should Report Professional Misconduct
Duties re Property of others
Protecting the Client and Unearned Fees in withdrawal
18. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Disputes over flat fees
Partnership with nonlawyers
Confidentiality Exception:Future Crime
Associating with Other Counsel
19. The purchase of a law practice is allowed if: entire practice is sold - seller gives clients notice that includes a statement that the client has the right to obtain other counsel and transfer will be presumed if client does not object within 90 days
Flat Fees
Confidentiality Exception:Future Crime
Purchase of a new law practice
Audits and Overdrafts
20. A lawyer has a duty of confidentiality and loyalty.
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21. 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.
Diligence
Trust Account Requirements and Interest
Prospective Client Confidentiality
Information gained through representation
22. 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
Confirmed in writing
Taking a matter up the ladder
Impermissible Conduct in Litigation
23. 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
Audits and Overdrafts
Confidentiality Exception:Future Crime
Pay to Play Prohibited
Purchase of a new law practice
24. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Withdrawal: Permissive
Informed Consent
Expediting Litigation
Special Rules for Government Personnel
25. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Limiting Liability
Confidentiality Exception:Protect the Lawyer
Client may consent to prospective client conflict
Associating with Other Counsel
26. 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
Client Under a Disability
Prospective Client Conflict Requirements
27. 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
Information gained through representation
Partnership with nonlawyers
Should Report Lawyer and Judicial Misconduct
In house counsel
28. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
When representation is not permitted
Confidentiality Exception:Legal Advice
Concurrent Conflict of Interest
29. 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
Limiting Liability
Joining a firm
Impropriety and the Appearance of Impropriety
Partnership with nonlawyers
30. 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
Candor to the Tribunal and Adverse Legal Authority
Solicitation in Person
Limiting Liability
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
31. 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.
In house counsel
Candor to the Tribunal and Adverse Legal Authority
When representation is permitted
Payment from a third person
32. 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
Confidentiality Exception:Protect the Lawyer
Lawyer as Witness
Audits and Overdrafts
33. 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.
Government service after private employment
Confidentiality Exception:Future Crime
Negotiating for Employment
Client Perjury
34. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Diligence
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Allocation of Authority between Lawyer and Client
Attorney Liens
35. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Client may consent to prospective client conflict
Confidentiality Exception:Protect the Lawyer
Discrimination
36. Firm name may be a trade name but cannot be misleading. Names of deceased or retired partners is allowed. Letterhead must designate in what jurisdiction the lawyers are admitted.
Sexual relations with a client
Negotiating for Employment
Organization as client
Firm Names and Designations
37. 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
Diligence
Sexual relations with a client
Impropriety and the Appearance of Impropriety
Implied Authority
38. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Aggregate settlements and pleas
Confirmed in writing
Purchase of a new law practice
In house counsel
39. 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
General Requirement for Admission to Practice
Special Responsibilities of Prosecutors
Trust Account Requirements and Interest
Specialization and Fields of Practice
40. 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.
Impermissible Conduct in Litigation
Proprietary Interests
Client property other than money
Special Rules for Government Personnel
41. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Should Report Professional Misconduct
Client may consent to prospective client conflict
Client Perjury
Protecting the Client and Unearned Fees in withdrawal
42. 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
Aggregate settlements and pleas
Negotiating for Employment
Informed Consent
Multijurisdictional Practice
43. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Accounts
Imputed Conflicts of interest
Prospective Client Confidentiality
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
44. 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.
Non-lawyer employees
General Requirement for Admission to Practice
Duty of Subordinate Lawyers
Allocation of Authority between Lawyer and Client
45. If the client is a corporation - the informed consent needs to come from the entity.
Duty of Subordinate Lawyers
Government service after private employment
Who is the client
Reciprocity
46. 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
Impropriety and the Appearance of Impropriety
Partnership with nonlawyers
Flat Fees
Imputed Conflicts of interest
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
Encouragement of Pro Bono
Candor to the Tribunal and Adverse Legal Authority
Solicitation in Person
Who is the client
48. 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.
Impropriety and the Appearance of Impropriety
Trial Publicity
Proprietary Interests
Special Responsibilities of Prosecutors
49. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Organization as client
Related lawyers
Limiting Liability
Government service after private employment
50. Direct mailing is allowed - even targeted mailings.
Should Report Lawyer and Judicial Misconduct
Media rights
Duties re Property of others
Solicitation by Direct Mail