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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. 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.
Diligence
Imputed Conflicts of interest
Government service after private employment
General Requirement for Admission to Practice
2. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
When representation is not permitted
Government service after private employment
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Pay to Play Prohibited
3. 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
Effect of Lawyer's termination with a firm
Attorney Liens
Confidentiality Exception:Future Crime
4. 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.
Promoting Causes Related to the Administration of Justice
Trust Account Requirements and Interest
Impermissible Conduct in Litigation
Proprietary Interests
5. 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
Dealing with Third Persons
Concurrent Conflict of Interest
Candor to the Tribunal and Adverse Legal Authority
6. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
When representation is not permitted
Attorney Liens
Time limits of confidentiality
Client Under a Disability
7. 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.
Who is the client
Information relating to the representation
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Lawyer's Duties
8. 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
Concurrent Conflict of Interest
When Disqualification Required
Communication
9. Direct mailing is allowed - even targeted mailings.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Encouragement of Pro Bono
Solicitation by Direct Mail
Factors of reasonableness
10. 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
Dealing with Third Persons
Duty of Subordinate Lawyers
Diligence
Physical Evidence
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.
Accounts
Splitting fees
Promoting Causes Related to the Administration of Justice
Trial Publicity
12. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Confidentiality Exception:Court order
Retainers
Solicitation by Direct Mail
Disputes over flat fees
13. If the client is a corporation - the informed consent needs to come from the entity.
Expediting Litigation
Legal Knowledge and Skill
Who is the client
Confidentiality Exception:Legal Advice
14. 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
Contingent fees
Reciprocity
Aiding Unauthorized practice/disbarred Lawyers
15. 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
Informed Consent
Proprietary Interests
Duties re Property of others
Purchase of a new law practice
16. Judges should report actual knowledge of lawyer or judge misconduct
Physical Evidence
In house counsel
Should Report Lawyer and Judicial Misconduct
Trust Account Requirements and Interest
17. 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.
Communication
Confidentiality Exception:Protect the Lawyer
Client Under a Disability
Trial Publicity
18. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Confidentiality Exception:Legal Advice
Financial assistance
Imputed Conflicts of interest
Withdrawal: Mandatory
19. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Audits and Overdrafts
Confidentiality Exception:Future Crime
Withdrawal Procedure
When representation is permitted
20. 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.
Potential Conflicts of Interest
Trial Publicity
Physical Evidence
Discrimination
21. 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
Special Responsibilities of Prosecutors
Implied Authority
Partnership with nonlawyers
22. 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
Pay to Play Prohibited
Emergencies
Confidentiality Exception:Protect the Lawyer
23. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Financial assistance
Impermissible Conduct in Litigation
Protecting the Client and Unearned Fees in withdrawal
24. 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
Attorney Liens
Solicitation in Person
Prospective Client Conflict Requirements
Time limits of confidentiality
25. 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
Effect of Lawyer's termination with a firm
Joining a firm
Partnership with nonlawyers
Firm Names and Designations
26. 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.
Associating with Other Counsel
Discrimination
When representation is permitted
Legal Knowledge and Skill
27. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Proprietary Interests
Flat Fees
Retainers
Meretricious and Frivolous Claims
28. 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.
Total fee reasonable
Client may consent to prospective client conflict
Negotiating for Employment
When representation is permitted
29. A judge must disqualify herself when the judge's impartiality can be reasonably questioned on the basis of: personal bias - knowledge of disputed facts - personal or household financial interest - serving as lawyer or witness in the matter - the judg
Contingent fees
Purchase of a new law practice
Solicitation by Direct Mail
When Disqualification Required
30. 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
31. 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.
Informed Consent
Encouragement of Pro Bono
Negotiating for Employment
Withdrawal: Mandatory
32. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Aggregate settlements and pleas
Audits and Overdrafts
Confidentiality Exception:Future Crime
Reciprocity
33. 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.
Duty of Subordinate Lawyers
Use by other persons
Solicitation by Direct Mail
Confidentiality Exceptions: Death or substantial Bodily Injury
34. 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.
Payment from a third person
Confidentiality Exception:Court Fiduciary
Emergencies
Promoting Causes Related to the Administration of Justice
35. 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
Judge of Third Party Neutral
Client property other than money
When Disqualification Required
Factors of reasonableness
36. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Solicitation in Person
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Payment from a third person
Informed Consent
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.
Gifts
Prospective Client Conflict Requirements
Encouragement of Pro Bono
Impermissible Conduct in Litigation
38. 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
Protecting the Client and Unearned Fees in withdrawal
Information relating to the representation
Withdrawal: Permissive
Client may consent to prospective client conflict
39. 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.
Trust Account Requirements and Interest
Total fee reasonable
Specialization and Fields of Practice
Non-lawyer employees
40. 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.
Client may consent to prospective client conflict
Diligence
Impermissible Conduct in Litigation
Allocation of Authority between Lawyer and Client
41. 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
Dealing with Third Persons
Allocation of Authority between Lawyer and Client
Solicitation by Direct Mail
Special Responsibilities of Prosecutors
42. A lawyer has a duty of confidentiality and loyalty.
43. 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.
False or Misleading Statements
Legal Knowledge and Skill
Communication
Media rights
44. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Encouragement of Pro Bono
Withdrawal and COI
In house counsel
Retainers
45. 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.
Withdrawal Procedure
When representation is not permitted
Lawyer's Duties
General Requirement for Admission to Practice
46. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Client property other than money
Confidentiality Exception:Court Fiduciary
Solicitation in Person
Confidentiality Exception:Legal Advice
47. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Information gained through representation
Negotiating for Employment
Dealing with Third Persons
Confidentiality Exceptions: Death or substantial Bodily Injury
48. 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
Lawyer's Duties
Specialization and Fields of Practice
Business transactions with a client
Time limits of confidentiality
49. 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
Factors of reasonableness
Payment from a third person
Special Rules for Government Personnel
Sexual relations with a client
50. 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.
Solicitation in Person
Related lawyers
Withdrawal and COI
Effect of Lawyer's termination with a firm