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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. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Factors of reasonableness
Expediting Litigation
Potential Conflicts of Interest
Allocation of Authority between Lawyer and Client
2. 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
Allocation of Authority between Lawyer and Client
Lawyer's Duties
Imputed Conflicts of interest
Withdrawal: Permissive
3. 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.
False or Misleading Statements
Financial assistance
Contingent fees
General Requirement for Admission to Practice
4. 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
Impropriety and the Appearance of Impropriety
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
5. 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.
Effect of Lawyer's termination with a firm
Specialization and Fields of Practice
Partnership with nonlawyers
Withdrawal and COI
6. 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
General Requirement for Admission to Practice
Discrimination
Dealing with Third Persons
7. 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.
Payment from a third person
Accounts
Confidentiality Exception:Legal Advice
Prospective Client Confidentiality
8. 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
Non-lawyer employees
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Trust Account Requirements and Interest
9. 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
Solicitation in Person
Accounts
Supervisory and Subordinate Duties and Liability
10. 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.
Potential Conflicts of Interest
Client Under a Disability
Information relating to the representation
Media rights
11. 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.
Trial Publicity
Business transactions with a client
Prospective Client Confidentiality
Use by other persons
12. 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.
General Requirement for Admission to Practice
Joining a firm
Information relating to the representation
Former Clients
13. 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.
Contingent fees
Lawyer's Duties
Solicitation by Direct Mail
Payment from a third person
14. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Audits and Overdrafts
Specialization and Fields of Practice
Promoting Causes Related to the Administration of Justice
Accounts
15. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Imputed Conflicts of interest
Confidentiality Exception:Future Crime
Trial Publicity
Emergencies
16. 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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17. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
When representation is permitted
Proprietary Interests
Limiting Liability
Campaigning and Partisan Activity
18. A lawyer may never use confidential information to the client's disadvantage.
Proprietary Interests
Information gained through representation
Flat Fees
Candor to the Tribunal and Adverse Legal Authority
19. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Nonadjudicative Proceedings
Flat Fees
Potential Conflicts of Interest
Implied Authority
20. 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
Information gained through representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Pay to Play Prohibited
Accounts
21. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Splitting fees
Use by other persons
Solicitation in Person
Reciprocity
22. 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
Withdrawal: Mandatory
Gifts
Candor to the Tribunal and Adverse Legal Authority
Imputed Conflicts of interest
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.
Related lawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
Client Under a Disability
Dealing with Third Persons
24. 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.
Lawyer as Witness
Special Rules for Government Personnel
Meretricious and Frivolous Claims
Concurrent Conflict of Interest
25. 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
Prospective Client Conflict Requirements
Who is the client
Special Responsibilities of Prosecutors
False or Misleading Statements
26. 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
Aggregate settlements and pleas
Time limits of confidentiality
Duty of Subordinate Lawyers
Flat Fees
27. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Factors of reasonableness
Client may consent to prospective client conflict
Legal Knowledge and Skill
Prospective Client Confidentiality
28. A lawyer has a duty of confidentiality and loyalty.
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29. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Information relating to the representation
Splitting fees
Communication
Special Rules for Government Personnel
30. A lawyer had a duty to expedite litigation.
Expediting Litigation
Pay to Play Prohibited
Lawyer as Witness
Retainers
31. 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
Should Report Lawyer and Judicial Misconduct
Gifts
Negotiating for Employment
Pay to Play Prohibited
32. 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
Solicitation in Person
Joining a firm
Prospective Client Confidentiality
Purchase of a new law practice
33. 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.
Factors of reasonableness
Imputed Conflicts of interest
Client property other than money
Information relating to the representation
34. 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
Partnership with nonlawyers
Use by other persons
Implied Authority
35. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Taking a matter up the ladder
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Protect the Lawyer
36. A lawyer shall not charge or collect unreasonable fees or expenses.
Confidentiality Exception:Court Fiduciary
Total fee reasonable
False or Misleading Statements
Confidentiality Exception:Protect the Lawyer
37. A lawyer may reveal information relating to the representation to comply with a court order.
Client may consent to prospective client conflict
Confidentiality Exception:Court order
Gifts
Confidentiality Exception:Protect the Lawyer
38. 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
Discrimination
Campaigning and Partisan Activity
Client Under a Disability
Total fee reasonable
39. 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.
Campaigning and Partisan Activity
Confidentiality Exception:Court Fiduciary
Information relating to the representation
Proprietary Interests
40. If the client is a corporation - the informed consent needs to come from the entity.
Withdrawal: Permissive
When representation is not permitted
Who is the client
Diligence
41. 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 may consent to prospective client conflict
Potential Conflicts of Interest
Withdrawal: Mandatory
Expediting Litigation
42. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Diligence
Attorney Liens
Disputes over flat fees
When representation is not permitted
43. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Negotiating for Employment
Financial assistance
Business transactions with a client
Promoting Causes Related to the Administration of Justice
44. 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.
Informed Consent
Potential Conflicts of Interest
Trial Publicity
Use by other persons
45. 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.
Special Responsibilities of Prosecutors
Discrimination
Client property other than money
Solicitation by Direct Mail
46. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Splitting fees
Information gained through representation
Communication
47. 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
Payment from a third person
Flat Fees
Should Report Lawyer and Judicial Misconduct
Communication
48. 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).
Special Rules for Government Personnel
Impermissible Conduct in Litigation
Confidentiality Exception:Court Fiduciary
Judge of Third Party Neutral
49. 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.
Sexual relations with a client
Audits and Overdrafts
Accounts
Should Report Lawyer and Judicial Misconduct
50. 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
Purchase of a new law practice
Audits and Overdrafts
Joining a firm
Aggregate settlements and pleas