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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. Judges should report actual knowledge of lawyer or judge misconduct
Promoting Causes Related to the Administration of Justice
Should Report Lawyer and Judicial Misconduct
Allocation of Authority between Lawyer and Client
Diligence
2. A lawyer has a duty of confidentiality and loyalty.
3. 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
Firm Names and Designations
Taking a matter up the ladder
Confirmed in writing
Protecting the Client and Unearned Fees in withdrawal
4. 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
Attorney Liens
Special Rules for Government Personnel
Payment from a third person
Partnership with nonlawyers
5. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
When representation is not permitted
Confidentiality Exception:Legal Advice
Implied Authority
Limiting Liability
6. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Client may consent to prospective client conflict
Negotiating for Employment
Information relating to the representation
7. 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).
Confidentiality Exception:Legal Advice
Client property other than money
Information relating to the representation
Withdrawal Procedure
8. 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.
Associating with Other Counsel
Information gained through representation
Nonadjudicative Proceedings
Payment from a third person
9. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal and COI
Impermissible Conduct in Litigation
Partnership with nonlawyers
Should Report Lawyer and Judicial Misconduct
10. 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
Impermissible Conduct in Litigation
Time limits of confidentiality
Trial Publicity
Concurrent Conflict of Interest
11. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Government service after private employment
Should Report Professional Misconduct
Impermissible Conduct in Litigation
Meretricious and Frivolous Claims
12. 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).
In house counsel
Special Rules for Government Personnel
Client property other than money
Media rights
13. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Retainers
Confidentiality Exception:Future Crime
Confirmed in writing
Client property other than money
14. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Supervisory and Subordinate Duties and Liability
Imputed Conflicts of interest
Negotiating for Employment
Limiting Liability
15. A lawyer had a duty to expedite litigation.
Trust Account Requirements and Interest
Imputed Conflicts of interest
Promoting Causes Related to the Administration of Justice
Expediting Litigation
16. 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
Impropriety and the Appearance of Impropriety
Special Responsibilities of Prosecutors
Discrimination
Aiding Unauthorized practice/disbarred Lawyers
17. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Purchase of a new law practice
Lawyer's Duties
Confidentiality Exception:Court order
Dealing with Third Persons
18. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Campaigning and Partisan Activity
Supervisory and Subordinate Duties and Liability
Reciprocity
Prospective Client Confidentiality
19. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Prospective Client Confidentiality
Client Perjury
Disputes over flat fees
When representation is not permitted
20. If the client is a corporation - the informed consent needs to come from the entity.
Legal Knowledge and Skill
Encouragement of Pro Bono
Communication
Who is the client
21. A lawyer may reveal information relating to the representation to comply with a court order.
Related lawyers
Confidentiality Exception:Court order
Legal Knowledge and Skill
Allocation of Authority between Lawyer and Client
22. 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.
Judge of Third Party Neutral
Should Report Lawyer and Judicial Misconduct
General Requirement for Admission to Practice
Lawyer as Witness
23. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal Procedure
General Requirement for Admission to Practice
Negotiating for Employment
24. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Taking a matter up the ladder
Confidentiality Exceptions: Death or substantial Bodily Injury
Confirmed in writing
Proprietary Interests
25. A lawyer may never use confidential information to the client's disadvantage.
Time limits of confidentiality
Confidentiality Exception:Legal Advice
Information gained through representation
Promoting Causes Related to the Administration of Justice
26. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Emergencies
Attorney Liens
Duty of Subordinate Lawyers
Reciprocity
27. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Should Report Professional Misconduct
Implied Authority
Trust Account Requirements and Interest
Aiding Unauthorized practice/disbarred Lawyers
28. 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
Joining a firm
Payment from a third person
Specialization and Fields of Practice
Confidentiality Exceptions: Death or substantial Bodily Injury
29. 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.
Government service after private employment
Business transactions with a client
False or Misleading Statements
Payment from a third person
30. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Reciprocity
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
Concurrent Conflict of Interest
31. 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
Business transactions with a client
Trust Account Requirements and Interest
Specialization and Fields of Practice
Candor to the Tribunal and Adverse Legal Authority
32. 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
Aiding Unauthorized practice/disbarred Lawyers
Client Perjury
Disputes over flat fees
Special Rules for Government Personnel
33. 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.
Time limits of confidentiality
Duties re Property of others
Organization as client
Accounts
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
Reciprocity
Nonadjudicative Proceedings
35. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Prospective Client Conflict Requirements
Imputed Conflicts of interest
Lawyer as Witness
Associating with Other Counsel
36. 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
Business transactions with a client
Impermissible Conduct in Litigation
Confidentiality Exception:Legal Advice
37. 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
Non-lawyer employees
Aiding Unauthorized practice/disbarred Lawyers
Should Report Lawyer and Judicial Misconduct
38. 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.
Trial Publicity
Allocation of Authority between Lawyer and Client
Confidentiality Exceptions: Death or substantial Bodily Injury
Sexual relations with a client
39. 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
Impropriety and the Appearance of Impropriety
Impermissible Conduct in Litigation
Flat Fees
Dealing with Third Persons
40. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client property other than money
Communication
Effect of Lawyer's termination with a firm
41. 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.
Confidentiality Exception:Court order
Allocation of Authority between Lawyer and Client
When representation is not permitted
Withdrawal: Mandatory
42. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Campaigning and Partisan Activity
Retainers
Solicitation by Direct Mail
43. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Time limits of confidentiality
Prospective Client Conflict Requirements
In house counsel
Effect of Lawyer's termination with a firm
44. 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.
Diligence
Flat Fees
Aggregate settlements and pleas
Non-lawyer employees
45. 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
Solicitation in Person
Pay to Play Prohibited
Impermissible Conduct in Litigation
Total fee reasonable
46. 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
Discrimination
Should Report Lawyer and Judicial Misconduct
Campaigning and Partisan Activity
Impermissible Conduct in Litigation
47. 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..
Factors of reasonableness
Confidentiality Exception:Protect the Lawyer
In house counsel
Confirmed in writing
48. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Prospective Client Confidentiality
Business transactions with a client
Encouragement of Pro Bono
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.
Contingent fees
Duty of Subordinate Lawyers
Purchase of a new law practice
Withdrawal: Mandatory
50. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Partnership with nonlawyers
Special Rules for Government Personnel
Firm Names and Designations
Client may consent to prospective client conflict