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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 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
Client Under a Disability
Informed Consent
Duty of Subordinate Lawyers
When Disqualification Required
2. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
Proprietary Interests
Withdrawal Procedure
Concurrent Conflict of Interest
Impermissible Conduct in Litigation
3. 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
Media rights
Promoting Causes Related to the Administration of Justice
Former Clients
4. 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.
Withdrawal: Mandatory
Accounts
Informed Consent
Physical Evidence
5. 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.
Should Report Professional Misconduct
Withdrawal Procedure
Client Under a Disability
Effect of Lawyer's termination with a firm
6. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Should Report Professional Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
Government service after private employment
Business transactions with a client
7. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Information relating to the representation
Dealing with Third Persons
Limiting Liability
8. 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
Impropriety and the Appearance of Impropriety
Potential Conflicts of Interest
Encouragement of Pro Bono
Client Under a Disability
9. 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.
Impermissible Conduct in Litigation
False or Misleading Statements
Sexual relations with a client
Taking a matter up the ladder
10. 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
Duty of Subordinate Lawyers
Emergencies
Multijurisdictional Practice
Limiting Liability
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.
Use by other persons
Retainers
Concurrent Conflict of Interest
Confidentiality Exception:Future Crime
12. 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
Gifts
Trial Publicity
Retainers
13. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Effect of Lawyer's termination with a firm
Sexual relations with a client
Encouragement of Pro Bono
Taking a matter up the ladder
14. 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.
Impermissible Conduct in Litigation
Disputes over flat fees
Specialization and Fields of Practice
Meretricious and Frivolous Claims
15. 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
Promoting Causes Related to the Administration of Justice
Solicitation by Direct Mail
Splitting fees
Client may consent to prospective client conflict
16. 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
Prospective Client Conflict Requirements
When Disqualification Required
Reciprocity
Taking a matter up the ladder
17. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
General Requirement for Admission to Practice
Associating with Other Counsel
Splitting fees
Time limits of confidentiality
18. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Implied Authority
Audits and Overdrafts
Disputes over flat fees
Payment from a third person
19. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Confidentiality Exception:Protect the Lawyer
Special Responsibilities of Prosecutors
When Disqualification Required
Government service after private employment
20. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Potential Conflicts of Interest
When Disqualification Required
Impermissible Conduct in Litigation
Confidentiality Exception:Legal Advice
21. 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
Total fee reasonable
Allocation of Authority between Lawyer and Client
Time limits of confidentiality
Protecting the Client and Unearned Fees in withdrawal
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Concurrent Conflict of Interest
Prospective Client Conflict Requirements
Information relating to the representation
23. 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
Dealing with Third Persons
Should Report Lawyer and Judicial Misconduct
Time limits of confidentiality
24. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Taking a matter up the ladder
Related lawyers
Allocation of Authority between Lawyer and Client
Aiding Unauthorized practice/disbarred Lawyers
25. 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
Use by other persons
Should Report Professional Misconduct
Trust Account Requirements and Interest
Audits and Overdrafts
26. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Physical Evidence
Client may consent to prospective client conflict
Associating with Other Counsel
When representation is permitted
27. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Future Crime
Confidentiality Exception:Court order
Communication
28. 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.
Joining a firm
Impropriety and the Appearance of Impropriety
Diligence
Flat Fees
29. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Meretricious and Frivolous Claims
Confirmed in writing
Impropriety and the Appearance of Impropriety
30. 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
Total fee reasonable
Concurrent Conflict of Interest
Candor to the Tribunal and Adverse Legal Authority
Client Perjury
31. 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.
When representation is not permitted
Joining a firm
Meretricious and Frivolous Claims
Associating with Other Counsel
32. 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.
Factors of reasonableness
Withdrawal Procedure
Legal Knowledge and Skill
Candor to the Tribunal and Adverse Legal Authority
33. 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.
Duties re Property of others
Accounts
Information gained through representation
Aggregate settlements and pleas
34. 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.
Withdrawal: Mandatory
Physical Evidence
Negotiating for Employment
Flat Fees
35. 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.
Information relating to the representation
Meretricious and Frivolous Claims
Media rights
Trust Account Requirements and Interest
36. 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.
Accounts
Withdrawal: Permissive
Negotiating for Employment
Firm Names and Designations
37. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Total fee reasonable
Payment from a third person
Taking a matter up the ladder
Limiting Liability
38. 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.
Associating with Other Counsel
Firm Names and Designations
Promoting Causes Related to the Administration of Justice
Splitting fees
39. 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
Partnership with nonlawyers
Firm Names and Designations
Disputes over flat fees
Candor to the Tribunal and Adverse Legal Authority
40. Direct mailing is allowed - even targeted mailings.
Firm Names and Designations
Solicitation by Direct Mail
Lawyer as Witness
Nonadjudicative Proceedings
41. 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.
Imputed Conflicts of interest
In house counsel
Who is the client
Information relating to the representation
42. A lawyer may never use confidential information to the client's disadvantage.
Effect of Lawyer's termination with a firm
Withdrawal: Mandatory
Information gained through representation
Potential Conflicts of Interest
43. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Information relating to the representation
Informed Consent
Judge of Third Party Neutral
Government service after private employment
44. 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.
Duties re Property of others
Taking a matter up the ladder
Payment from a third person
Client may consent to prospective client conflict
45. A lawyer may reveal information relating to the representation to comply with a court order.
Aggregate settlements and pleas
Withdrawal: Mandatory
Confidentiality Exception:Court order
Non-lawyer employees
46. 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
Confidentiality Exception:Protect the Lawyer
Organization as client
Meretricious and Frivolous Claims
Impropriety and the Appearance of Impropriety
47. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Trust Account Requirements and Interest
Confidentiality Exceptions: Death or substantial Bodily Injury
Discrimination
48. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Government service after private employment
Aiding Unauthorized practice/disbarred Lawyers
Nonadjudicative Proceedings
Information gained through representation
49. 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
General Requirement for Admission to Practice
Purchase of a new law practice
Client may consent to prospective client conflict
50. A lawyer shall not charge or collect unreasonable fees or expenses.
Gifts
Prospective Client Confidentiality
Implied Authority
Total fee reasonable