SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 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.
Sexual relations with a client
Accounts
Confidentiality Exceptions: Death or substantial Bodily Injury
Nonadjudicative Proceedings
2. 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
Potential Conflicts of Interest
Trust Account Requirements and Interest
Limiting Liability
Imputed Conflicts of interest
3. A lawyer may reveal information relating to the representation to comply with a court order.
Special Responsibilities of Prosecutors
Legal Knowledge and Skill
Confidentiality Exception:Court order
Physical Evidence
4. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Promoting Causes Related to the Administration of Justice
Legal Knowledge and Skill
Financial assistance
Splitting fees
5. 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
Solicitation in Person
When representation is permitted
Judge of Third Party Neutral
Information relating to the representation
6. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Duty of Subordinate Lawyers
Total fee reasonable
Encouragement of Pro Bono
Promoting Causes Related to the Administration of Justice
7. 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
Should Report Lawyer and Judicial Misconduct
Client Under a Disability
Negotiating for Employment
8. 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..
Information relating to the representation
Confidentiality Exception:Protect the Lawyer
Taking a matter up the ladder
Proprietary Interests
9. 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.
Firm Names and Designations
Sexual relations with a client
Confirmed in writing
Reciprocity
10. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Physical Evidence
Aggregate settlements and pleas
When representation is not permitted
Confidentiality Exception:Future Crime
11. 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
Retainers
Audits and Overdrafts
Factors of reasonableness
Financial assistance
12. 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
Confidentiality Exception:Protect the Lawyer
Payment from a third person
Nonadjudicative Proceedings
13. 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.
Solicitation by Direct Mail
Special Responsibilities of Prosecutors
Lawyer's Duties
Withdrawal: Mandatory
14. 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.
Physical Evidence
Communication
Prospective Client Confidentiality
Client property other than money
15. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Confidentiality Exception:Protect the Lawyer
Allocation of Authority between Lawyer and Client
Implied Authority
Purchase of a new law practice
16. 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.
Time limits of confidentiality
Sexual relations with a client
Withdrawal and COI
Total fee reasonable
17. 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
Total fee reasonable
Implied Authority
Joining a firm
Should Report Professional Misconduct
18. 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
Proprietary Interests
Emergencies
Gifts
Concurrent Conflict of Interest
19. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Media rights
Firm Names and Designations
Judge of Third Party Neutral
20. 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.
Informed Consent
Business transactions with a client
Related lawyers
False or Misleading Statements
21. WSBA does spot audits on trust accounts and a lawyer can be disciplined for improper accounting even if no funds are missing. The lawyer must make provision with the financial institution to have any overdraft notices sent to the WSBA
Imputed Conflicts of interest
Negotiating for Employment
Effect of Lawyer's termination with a firm
Audits and Overdrafts
22. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Gifts
Potential Conflicts of Interest
Reciprocity
Protecting the Client and Unearned Fees in withdrawal
23. 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
Non-lawyer employees
Judge of Third Party Neutral
Confidentiality Exception:Legal Advice
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
Effect of Lawyer's termination with a firm
Informed Consent
Campaigning and Partisan Activity
Trust Account Requirements and Interest
25. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Proprietary Interests
Withdrawal: Permissive
Duties re Property of others
Trust Account Requirements and Interest
26. 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
Potential Conflicts of Interest
Information gained through representation
Factors of reasonableness
Prospective Client Conflict Requirements
27. 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.
Nonadjudicative Proceedings
Specialization and Fields of Practice
Aiding Unauthorized practice/disbarred Lawyers
Client Under a Disability
28. 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.
Lawyer's Duties
Media rights
Supervisory and Subordinate Duties and Liability
Proprietary Interests
29. 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).
When representation is permitted
Promoting Causes Related to the Administration of Justice
Financial assistance
Special Rules for Government Personnel
30. 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
Withdrawal Procedure
Should Report Lawyer and Judicial Misconduct
Multijurisdictional Practice
Concurrent Conflict of Interest
31. 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.
Media rights
Firm Names and Designations
Aggregate settlements and pleas
Client Perjury
32. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
False or Misleading Statements
Imputed Conflicts of interest
Information gained through representation
Confidentiality Exceptions: Death or substantial Bodily Injury
33. 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
Promoting Causes Related to the Administration of Justice
Special Responsibilities of Prosecutors
Related lawyers
Payment from a third person
34. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Former Clients
Withdrawal: Mandatory
In house counsel
Reciprocity
35. 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.
Information relating to the representation
Specialization and Fields of Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
Allocation of Authority between Lawyer and Client
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
Disputes over flat fees
Withdrawal and COI
Withdrawal Procedure
Candor to the Tribunal and Adverse Legal Authority
37. 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
In house counsel
Purchase of a new law practice
Trust Account Requirements and Interest
38. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Confidentiality Exception:Court Fiduciary
Information relating to the representation
Attorney Liens
Payment from a third person
39. 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
Prospective Client Conflict Requirements
Confidentiality Exception:Legal Advice
Should Report Professional Misconduct
Impermissible Conduct in Litigation
40. Direct mailing is allowed - even targeted mailings.
Non-lawyer employees
Meretricious and Frivolous Claims
Solicitation by Direct Mail
Client may consent to prospective client conflict
41. 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
Purchase of a new law practice
Audits and Overdrafts
Client Perjury
Time limits of confidentiality
42. 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.
Client property other than money
Client may consent to prospective client conflict
Special Responsibilities of Prosecutors
Client Under a Disability
43. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Solicitation in Person
Disputes over flat fees
Related lawyers
Retainers
44. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Diligence
Confidentiality Exception:Protect the Lawyer
Encouragement of Pro Bono
45. 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
Taking a matter up the ladder
Duties re Property of others
When representation is permitted
Associating with Other Counsel
46. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Related lawyers
Withdrawal Procedure
47. 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
Meretricious and Frivolous Claims
When representation is permitted
Gifts
When representation is not permitted
48. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Prospective Client Confidentiality
Supervisory and Subordinate Duties and Liability
Client property other than money
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
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
50. A lawyer had a duty to expedite litigation.
Expediting Litigation
Should Report Lawyer and Judicial Misconduct
Discrimination
Media rights