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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. Partners and supervisory lawyers shall make reasonable efforts to ensure that the firm and all lawyers and nonlawyers in the firm comply with the RPCs. A lawyer is responsible for another lawyer's violation of the RPCs if the lawyer orders or with sp
Should Report Lawyer and Judicial Misconduct
Client Perjury
Impermissible Conduct in Litigation
Supervisory and Subordinate Duties and Liability
2. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Firm Names and Designations
Aiding Unauthorized practice/disbarred Lawyers
Duties re Property of others
Expediting Litigation
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
Legal Knowledge and Skill
Allocation of Authority between Lawyer and Client
Potential Conflicts of Interest
Informed Consent
4. 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.
Firm Names and Designations
Audits and Overdrafts
General Requirement for Admission to Practice
Associating with Other Counsel
5. 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.
Media rights
Confirmed in writing
Allocation of Authority between Lawyer and Client
Financial assistance
6. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Who is the client
Impermissible Conduct in Litigation
Government service after private employment
7. 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
Imputed Conflicts of interest
Flat Fees
Effect of Lawyer's termination with a firm
Partnership with nonlawyers
8. 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
Trust Account Requirements and Interest
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
9. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Duties re Property of others
Diligence
Proprietary Interests
10. 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.
When representation is not permitted
Trial Publicity
Associating with Other Counsel
Sexual relations with a client
11. 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
Special Rules for Government Personnel
Attorney Liens
Informed Consent
Pay to Play Prohibited
12. 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).
Joining a firm
Withdrawal Procedure
Information relating to the representation
Pay to Play Prohibited
13. 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
Firm Names and Designations
Potential Conflicts of Interest
Taking a matter up the ladder
Client Perjury
14. Retainers is a fee that is paid to a lawyer to be available during a specified period of time or matter - in addition to any compensation for legal services performed. Retainers agreements must be in writing and are the lawyer's property and do not g
Retainers
Legal Knowledge and Skill
Information relating to the representation
Gifts
15. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Proprietary Interests
Confidentiality Exception:Legal Advice
Negotiating for Employment
When Disqualification Required
16. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Protecting the Client and Unearned Fees in withdrawal
When representation is not permitted
Legal Knowledge and Skill
17. 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
Confidentiality Exception:Court order
Concurrent Conflict of Interest
Negotiating for Employment
Attorney Liens
18. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Promoting Causes Related to the Administration of Justice
Splitting fees
Discrimination
19. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Withdrawal and COI
Emergencies
Retainers
Concurrent Conflict of Interest
20. 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.
Communication
When Disqualification Required
When representation is permitted
Former Clients
21. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Total fee reasonable
Protecting the Client and Unearned Fees in withdrawal
Nonadjudicative Proceedings
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Splitting fees
Concurrent Conflict of Interest
Multijurisdictional Practice
23. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Court order
Withdrawal: Permissive
24. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Reciprocity
Allocation of Authority between Lawyer and Client
Lawyer as Witness
Accounts
25. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Withdrawal: Permissive
Government service after private employment
Prospective Client Conflict Requirements
Taking a matter up the ladder
26. 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
Communication
Imputed Conflicts of interest
Taking a matter up the ladder
Physical Evidence
27. 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
Confidentiality Exception:Court Fiduciary
Use by other persons
When Disqualification Required
28. 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:Court Fiduciary
Special Rules for Government Personnel
Impropriety and the Appearance of Impropriety
Disputes over flat fees
29. 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.
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Legal Advice
Payment from a third person
When representation is permitted
30. 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
Taking a matter up the ladder
Legal Knowledge and Skill
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
31. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Splitting fees
Nonadjudicative Proceedings
Discrimination
Special Responsibilities of Prosecutors
32. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Imputed Conflicts of interest
Physical Evidence
Solicitation in Person
Joining a firm
33. Direct mailing is allowed - even targeted mailings.
Potential Conflicts of Interest
When representation is not permitted
Solicitation by Direct Mail
Who is the client
34. 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
Imputed Conflicts of interest
Special Responsibilities of Prosecutors
Candor to the Tribunal and Adverse Legal Authority
Joining a firm
35. 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
Trust Account Requirements and Interest
Confidentiality Exception:Protect the Lawyer
Confirmed in writing
Candor to the Tribunal and Adverse Legal Authority
36. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Business transactions with a client
Dealing with Third Persons
Government service after private employment
Encouragement of Pro Bono
37. 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
Emergencies
Prospective Client Conflict Requirements
Organization as client
When representation is not permitted
38. If the client is a corporation - the informed consent needs to come from the entity.
Limiting Liability
Lawyer's Duties
Who is the client
Reciprocity
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.
Potential Conflicts of Interest
Prospective Client Confidentiality
Non-lawyer employees
Total fee reasonable
40. 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
Gifts
Multijurisdictional Practice
Organization as client
Promoting Causes Related to the Administration of Justice
41. 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.
Duty of Subordinate Lawyers
Information gained through representation
Confidentiality Exception:Court order
Client Under a Disability
42. A lawyer has a duty of confidentiality and loyalty.
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43. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
When representation is not permitted
Associating with Other Counsel
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.
In house counsel
Trial Publicity
Should Report Professional Misconduct
Partnership with nonlawyers
45. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Meretricious and Frivolous Claims
Concurrent Conflict of Interest
General Requirement for Admission to Practice
46. 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
Aiding Unauthorized practice/disbarred Lawyers
Purchase of a new law practice
Special Rules for Government Personnel
Imputed Conflicts of interest
47. 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
Splitting fees
Gifts
Total fee reasonable
Accounts
48. 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
Confidentiality Exception:Legal Advice
Purchase of a new law practice
Business transactions with a client
49. 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.
Legal Knowledge and Skill
Diligence
Information relating to the representation
Media rights
50. 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.
Aggregate settlements and pleas
Sexual relations with a client
Disputes over flat fees
False or Misleading Statements