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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 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
Judge of Third Party Neutral
Retainers
Pay to Play Prohibited
Former Clients
2. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Legal Knowledge and Skill
Information gained through representation
Confidentiality Exception:Future Crime
Client may consent to prospective client conflict
3. A lawyer shall not charge or collect unreasonable fees or expenses.
Special Rules for Government Personnel
Total fee reasonable
Nonadjudicative Proceedings
Limiting Liability
4. 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
Protecting the Client and Unearned Fees in withdrawal
Impropriety and the Appearance of Impropriety
Related lawyers
Trust Account Requirements and Interest
5. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Prospective Client Confidentiality
Gifts
Allocation of Authority between Lawyer and Client
Flat Fees
6. 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.
Who is the client
Former Clients
When Disqualification Required
Protecting the Client and Unearned Fees in withdrawal
7. 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.
Use by other persons
Negotiating for Employment
Related lawyers
Impropriety and the Appearance of Impropriety
8. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Client property other than money
Imputed Conflicts of interest
Duty of Subordinate Lawyers
Attorney Liens
9. 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
Informed Consent
Confidentiality Exceptions: Death or substantial Bodily Injury
Potential Conflicts of Interest
Accounts
10. A lawyer shall not acquire a proprietary interest in a matter in which the lawyer is involved - but may: 1) acquire a lien to secure the lawyer's fee or expenses - 2) contract with a client for reasonable contingent fee in a civil case.
Diligence
Proprietary Interests
Confidentiality Exception:Protect the Lawyer
Firm Names and Designations
11. 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.
Gifts
Special Rules for Government Personnel
General Requirement for Admission to Practice
Payment from a third person
12. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Government service after private employment
Sexual relations with a client
Protecting the Client and Unearned Fees in withdrawal
Encouragement of Pro Bono
13. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Joining a firm
Splitting fees
Discrimination
14. 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.
Flat Fees
Withdrawal and COI
Withdrawal: Mandatory
Associating with Other Counsel
15. 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.
Retainers
Duty of Subordinate Lawyers
Accounts
Implied Authority
16. 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.
When Disqualification Required
Concurrent Conflict of Interest
Negotiating for Employment
Reciprocity
17. 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
Retainers
Government service after private employment
Special Responsibilities of Prosecutors
General Requirement for Admission to Practice
18. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Should Report Professional Misconduct
In house counsel
Confidentiality Exceptions: Death or substantial Bodily Injury
Nonadjudicative Proceedings
19. 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.
Client may consent to prospective client conflict
When Disqualification Required
Media rights
Client Under a Disability
20. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Should Report Professional Misconduct
Withdrawal and COI
Former Clients
21. 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
Reciprocity
Business transactions with a client
Joining a firm
Imputed Conflicts of interest
22. 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
Candor to the Tribunal and Adverse Legal Authority
When representation is permitted
Legal Knowledge and Skill
Prospective Client Conflict Requirements
23. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Pay to Play Prohibited
Factors of reasonableness
Duties re Property of others
24. 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.
Specialization and Fields of Practice
Reciprocity
Implied Authority
Campaigning and Partisan Activity
25. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Implied Authority
Lawyer as Witness
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Future Crime
26. 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
Government service after private employment
Purchase of a new law practice
Client Perjury
Promoting Causes Related to the Administration of Justice
27. 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.
Withdrawal: Permissive
False or Misleading Statements
When representation is not permitted
Contingent fees
28. 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.
Negotiating for Employment
Information relating to the representation
Withdrawal: Permissive
Multijurisdictional Practice
29. 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
Purchase of a new law practice
Proprietary Interests
When Disqualification Required
Prospective Client Confidentiality
30. 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.
Duties re Property of others
Allocation of Authority between Lawyer and Client
Contingent fees
Encouragement of Pro Bono
31. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Implied Authority
Limiting Liability
Protecting the Client and Unearned Fees in withdrawal
Legal Knowledge and Skill
32. 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
Confidentiality Exception:Court Fiduciary
Negotiating for Employment
Special Responsibilities of Prosecutors
Flat Fees
33. 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
Client Perjury
Allocation of Authority between Lawyer and Client
Joining a firm
Withdrawal Procedure
34. 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
Partnership with nonlawyers
Trial Publicity
Joining a firm
Confidentiality Exceptions: Death or substantial Bodily Injury
35. 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
Nonadjudicative Proceedings
Disputes over flat fees
Campaigning and Partisan Activity
Client property other than money
36. A lawyer has a duty of confidentiality and loyalty.
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37. A lawyer may reveal information relating to the representation to comply with a court order.
Campaigning and Partisan Activity
Confidentiality Exception:Court order
Physical Evidence
Attorney Liens
38. 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.
Financial assistance
Prospective Client Confidentiality
Organization as client
Confidentiality Exception:Court order
39. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Dealing with Third Persons
Confidentiality Exception:Court Fiduciary
Payment from a third person
40. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Factors of reasonableness
Media rights
Imputed Conflicts of interest
Expediting Litigation
41. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Retainers
Withdrawal and COI
Multijurisdictional Practice
Client may consent to prospective client conflict
42. 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.
Taking a matter up the ladder
Impermissible Conduct in Litigation
Legal Knowledge and Skill
Splitting fees
43. 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
Physical Evidence
Time limits of confidentiality
Limiting Liability
Campaigning and Partisan Activity
44. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Sexual relations with a client
Encouragement of Pro Bono
Withdrawal: Mandatory
Withdrawal and COI
45. In person solicitation is generally prohibited unless there is a pre-existing relationship.
When representation is permitted
Firm Names and Designations
Solicitation in Person
Emergencies
46. 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
Special Responsibilities of Prosecutors
Legal Knowledge and Skill
Supervisory and Subordinate Duties and Liability
Lawyer as Witness
47. 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.
False or Misleading Statements
Non-lawyer employees
Campaigning and Partisan Activity
Disputes over flat fees
48. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Lawyer's Duties
Trial Publicity
When Disqualification Required
Informed Consent
49. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Flat Fees
Impropriety and the Appearance of Impropriety
Meretricious and Frivolous Claims
Prospective Client Confidentiality
50. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Reciprocity
Nonadjudicative Proceedings
Gifts
Financial assistance
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