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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. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Meretricious and Frivolous Claims
Payment from a third person
Communication
Confidentiality Exception:Court order
2. 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
Total fee reasonable
Confidentiality Exception:Legal Advice
Multijurisdictional Practice
3. 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
Legal Knowledge and Skill
Flat Fees
Campaigning and Partisan Activity
Taking a matter up the ladder
4. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Client may consent to prospective client conflict
General Requirement for Admission to Practice
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Future Crime
5. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Emergencies
Client may consent to prospective client conflict
Use by other persons
Withdrawal and COI
6. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confidentiality Exceptions: Death or substantial Bodily Injury
Expediting Litigation
Encouragement of Pro Bono
When representation is not permitted
7. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Associating with Other Counsel
Impermissible Conduct in Litigation
Client Perjury
Aiding Unauthorized practice/disbarred Lawyers
8. 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.
Factors of reasonableness
Candor to the Tribunal and Adverse Legal Authority
Physical Evidence
Implied Authority
9. 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.
Promoting Causes Related to the Administration of Justice
Negotiating for Employment
Client property other than money
Impermissible Conduct in Litigation
10. 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
Use by other persons
When representation is permitted
Factors of reasonableness
Withdrawal: Permissive
11. 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.
Emergencies
Factors of reasonableness
Information relating to the representation
Aiding Unauthorized practice/disbarred Lawyers
12. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Encouragement of Pro Bono
Prospective Client Confidentiality
Sexual relations with a client
Campaigning and Partisan Activity
13. 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.
Firm Names and Designations
Negotiating for Employment
Withdrawal: Permissive
Prospective Client Conflict Requirements
14. 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.
Physical Evidence
Concurrent Conflict of Interest
Splitting fees
Client Under a Disability
15. 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
Contingent fees
Expediting Litigation
Duties re Property of others
16. 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
Prospective Client Conflict Requirements
Communication
Partnership with nonlawyers
Firm Names and Designations
17. 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
Organization as client
Limiting Liability
Withdrawal Procedure
Prospective Client Conflict Requirements
18. 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
Client may consent to prospective client conflict
Legal Knowledge and Skill
Discrimination
Purchase of a new law practice
19. 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
Sexual relations with a client
Confidentiality Exception:Court Fiduciary
Prospective Client Confidentiality
20. A lawyer has a duty of confidentiality and loyalty.
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21. 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.
Specialization and Fields of Practice
Media rights
Aggregate settlements and pleas
Contingent fees
22. 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
Information gained through representation
Joining a firm
When representation is permitted
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
Splitting fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal Procedure
24. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Withdrawal: Mandatory
Protecting the Client and Unearned Fees in withdrawal
Duty of Subordinate Lawyers
Dealing with Third Persons
25. 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
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Duty of Subordinate Lawyers
26. A lawyer had a duty to expedite litigation.
Expediting Litigation
Client Under a Disability
Supervisory and Subordinate Duties and Liability
Purchase of a new law practice
27. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Physical Evidence
Financial assistance
Meretricious and Frivolous Claims
When representation is permitted
28. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Taking a matter up the ladder
Purchase of a new law practice
When representation is not permitted
Encouragement of Pro Bono
29. 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
Payment from a third person
Campaigning and Partisan Activity
Negotiating for Employment
In house counsel
30. 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.
Should Report Professional Misconduct
False or Misleading Statements
Client Under a Disability
Disputes over flat fees
31. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Promoting Causes Related to the Administration of Justice
Emergencies
Special Responsibilities of Prosecutors
32. 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
Limiting Liability
Prospective Client Confidentiality
Dealing with Third Persons
33. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Withdrawal: Permissive
Related lawyers
Business transactions with a client
Client may consent to prospective client conflict
34. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Solicitation in Person
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Protect the Lawyer
Allocation of Authority between Lawyer and Client
35. 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.
Use by other persons
Lawyer's Duties
Organization as client
Effect of Lawyer's termination with a firm
36. 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
Factors of reasonableness
Encouragement of Pro Bono
Specialization and Fields of Practice
37. 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
Implied Authority
Accounts
Reciprocity
38. 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
Solicitation in Person
Gifts
Total fee reasonable
Multijurisdictional Practice
39. A lawyer is responsible for the actions of nonlegal personnel if the conduct of such persons would be in violation of the RPC if engaged in by the lawyer and the lawyer orders or ratifies the conduct.
Aggregate settlements and pleas
Government service after private employment
Related lawyers
Non-lawyer employees
40. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Legal Knowledge and Skill
Solicitation in Person
Withdrawal: Mandatory
Attorney Liens
41. 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
Total fee reasonable
Multijurisdictional Practice
When Disqualification Required
Special Rules for Government Personnel
42. 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
Withdrawal: Permissive
Splitting fees
Client property other than money
Sexual relations with a client
43. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Client Under a Disability
Retainers
Related lawyers
44. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Time limits of confidentiality
Confidentiality Exception:Protect the Lawyer
Limiting Liability
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
45. 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
Disputes over flat fees
Related lawyers
Aiding Unauthorized practice/disbarred Lawyers
Should Report Professional Misconduct
46. 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.
Gifts
Media rights
Solicitation by Direct Mail
Information gained through representation
47. 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.
When Disqualification Required
Withdrawal: Permissive
Use by other persons
Judge of Third Party Neutral
48. 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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49. 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).
Flat Fees
Encouragement of Pro Bono
Reciprocity
Special Rules for Government Personnel
50. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Confidentiality Exception:Court Fiduciary
Concurrent Conflict of Interest
Judge of Third Party Neutral