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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.
In house counsel
Gifts
General Requirement for Admission to Practice
Special Rules for Government Personnel
2. 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
Taking a matter up the ladder
Information gained through representation
Concurrent Conflict of Interest
Judge of Third Party Neutral
3. 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
Taking a matter up the ladder
In house counsel
4. 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.
Concurrent Conflict of Interest
Sexual relations with a client
Withdrawal and COI
Organization as client
5. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Confidentiality Exception:Court Fiduciary
Factors of reasonableness
Flat Fees
6. When representing an organization - the lawyer represents the entity as a whole acting through its duly authorized constituents and the lawyer's loyalty is with the corporation.
Information gained through representation
Expediting Litigation
Proprietary Interests
Organization as client
7. 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.
Information relating to the representation
Disputes over flat fees
Client property other than money
Negotiating for Employment
8. 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
Implied Authority
Emergencies
Candor to the Tribunal and Adverse Legal Authority
Physical Evidence
9. 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
When Disqualification Required
Purchase of a new law practice
Attorney Liens
10. 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
Gifts
Factors of reasonableness
When representation is not permitted
Joining a firm
11. 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
Solicitation in Person
Flat Fees
Taking a matter up the ladder
Confidentiality Exception:Court Fiduciary
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
Aggregate settlements and pleas
Confidentiality Exception:Future Crime
Judge of Third Party Neutral
Client Under a Disability
13. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Government service after private employment
Splitting fees
Former Clients
Accounts
14. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Sexual relations with a client
Solicitation in Person
Solicitation by Direct Mail
Physical Evidence
15. A lawyer may reveal information relating to the representation to comply with a court order.
Client property other than money
Use by other persons
Confidentiality Exception:Court order
Lawyer as Witness
16. 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.
Confidentiality Exception:Court Fiduciary
Proprietary Interests
Organization as client
Partnership with nonlawyers
17. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Nonadjudicative Proceedings
18. 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..
Client property other than money
Former Clients
Confidentiality Exception:Protect the Lawyer
Impropriety and the Appearance of Impropriety
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
Purchase of a new law practice
Legal Knowledge and Skill
Concurrent Conflict of Interest
Organization as client
20. If the client is a corporation - the informed consent needs to come from the entity.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
False or Misleading Statements
Who is the client
Imputed Conflicts of interest
21. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Client property other than money
Withdrawal Procedure
Confidentiality Exception:Legal Advice
Meretricious and Frivolous Claims
22. 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
Related lawyers
Meretricious and Frivolous Claims
Imputed Conflicts of interest
Trust Account Requirements and Interest
23. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Contingent fees
When representation is not permitted
Disputes over flat fees
Aiding Unauthorized practice/disbarred Lawyers
24. A lawyer has a duty of confidentiality and loyalty.
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25. 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.
Splitting fees
When representation is not permitted
Solicitation in Person
Former Clients
26. 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.
Partnership with nonlawyers
Accounts
Nonadjudicative Proceedings
Informed Consent
27. 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
Multijurisdictional Practice
Use by other persons
Allocation of Authority between Lawyer and Client
Lawyer's Duties
28. 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).
Withdrawal: Permissive
Taking a matter up the ladder
Pay to Play Prohibited
Withdrawal Procedure
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).
Payment from a third person
When Disqualification Required
Special Rules for Government Personnel
Informed Consent
30. 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
Client Under a Disability
Contingent fees
Factors of reasonableness
Time limits of confidentiality
31. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Aiding Unauthorized practice/disbarred Lawyers
Audits and Overdrafts
False or Misleading Statements
Imputed Conflicts of interest
32. 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
Former Clients
Should Report Professional Misconduct
Contingent fees
Confirmed in writing
33. 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
Audits and Overdrafts
Sexual relations with a client
Special Responsibilities of Prosecutors
34. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Withdrawal Procedure
Former Clients
Impropriety and the Appearance of Impropriety
Implied Authority
35. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Trust Account Requirements and Interest
Attorney Liens
Factors of reasonableness
When representation is permitted
36. 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
When Disqualification Required
Protecting the Client and Unearned Fees in withdrawal
Emergencies
Factors of reasonableness
37. Business transactions with clients are prohibited unless: (1) the terms are fair and reasonable - (2)fully disclosed in writing in terms the client can understand - (3) client must have been advised in writing to seek independent counsel and given re
Prospective Client Conflict Requirements
Trial Publicity
Business transactions with a client
Lawyer's Duties
38. 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.
Prospective Client Confidentiality
Former Clients
Joining a firm
Lawyer as Witness
39. 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
Proprietary Interests
Diligence
False or Misleading Statements
Audits and Overdrafts
40. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Should Report Lawyer and Judicial Misconduct
Communication
Taking a matter up the ladder
Concurrent Conflict of Interest
41. 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.
Candor to the Tribunal and Adverse Legal Authority
Legal Knowledge and Skill
Campaigning and Partisan Activity
Confidentiality Exceptions: Death or substantial Bodily Injury
42. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Special Responsibilities of Prosecutors
Taking a matter up the ladder
In house counsel
Firm Names and Designations
43. 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.
Purchase of a new law practice
Discrimination
Duty of Subordinate Lawyers
Confidentiality Exceptions: Death or substantial Bodily Injury
44. 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
Sexual relations with a client
Attorney Liens
Withdrawal: Permissive
Related lawyers
45. 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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46. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Confidentiality Exception:Legal Advice
Disputes over flat fees
Diligence
Lawyer as Witness
47. 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.
Client Perjury
Use by other persons
Firm Names and Designations
Confidentiality Exception:Protect the Lawyer
48. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Audits and Overdrafts
Confidentiality Exception:Legal Advice
Client Perjury
49. 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.
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Court Fiduciary
Contingent fees
Confidentiality Exception:Court order
50. 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
Prospective Client Confidentiality
Candor to the Tribunal and Adverse Legal Authority
Should Report Professional Misconduct
Gifts