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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. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Client Under a Disability
Impermissible Conduct in Litigation
Confidentiality Exception:Protect the Lawyer
2. 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.
Payment from a third person
Special Rules for Government Personnel
Related lawyers
Use by other persons
3. 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
Implied Authority
Communication
Financial assistance
4. 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.
Lawyer as Witness
Should Report Professional Misconduct
Client property other than money
Partnership with nonlawyers
5. 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
Purchase of a new law practice
Multijurisdictional Practice
Business transactions with a client
Confidentiality Exception:Protect the Lawyer
6. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Specialization and Fields of Practice
Confirmed in writing
Withdrawal: Mandatory
Potential Conflicts of Interest
7. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Allocation of Authority between Lawyer and Client
Emergencies
Effect of Lawyer's termination with a firm
Impropriety and the Appearance of Impropriety
8. A lawyer may reveal information relating to the representation to comply with a court order.
False or Misleading Statements
Confidentiality Exception:Court order
Lawyer as Witness
Meretricious and Frivolous Claims
9. 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
Audits and Overdrafts
Prospective Client Conflict Requirements
Trial Publicity
Informed Consent
10. 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.
Organization as client
Dealing with Third Persons
Contingent fees
Pay to Play Prohibited
11. Fee splitting with a nonlawyer is NOT allowed. Lawyer may split fees with a lawyer outside the firm if the fee is split in proportion to the work done or each lawyer assumes joint responsibility. Client must give informed consent (amount received by
Reciprocity
Judge of Third Party Neutral
Splitting fees
Should Report Professional Misconduct
12. 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
Prospective Client Conflict Requirements
Joining a firm
Who is the client
Communication
13. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
When representation is not permitted
Disputes over flat fees
Client Perjury
Associating with Other Counsel
14. 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.
Potential Conflicts of Interest
Confidentiality Exception:Court Fiduciary
Confidentiality Exception:Protect the Lawyer
Media rights
15. 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.
Total fee reasonable
Non-lawyer employees
Duty of Subordinate Lawyers
Purchase of a new law practice
16. 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
Should Report Professional Misconduct
Limiting Liability
Duties re Property of others
Potential Conflicts of Interest
17. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Withdrawal: Permissive
When representation is not permitted
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Duty of Subordinate Lawyers
18. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Audits and Overdrafts
Reciprocity
Confidentiality Exception:Future Crime
Communication
19. A lawyer may never use confidential information to the client's disadvantage.
Aiding Unauthorized practice/disbarred Lawyers
Information gained through representation
Implied Authority
Allocation of Authority between Lawyer and Client
20. 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
Special Rules for Government Personnel
Organization as client
Withdrawal: Permissive
Accounts
21. A lawyer had a duty to expedite litigation.
Should Report Lawyer and Judicial Misconduct
Limiting Liability
Expediting Litigation
Encouragement of Pro Bono
22. 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.
Negotiating for Employment
Implied Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Aggregate settlements and pleas
23. 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
Emergencies
Taking a matter up the ladder
Impermissible Conduct in Litigation
24. If the client is a corporation - the informed consent needs to come from the entity.
Impropriety and the Appearance of Impropriety
Confidentiality Exceptions: Death or substantial Bodily Injury
Negotiating for Employment
Who is the client
25. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Discrimination
Encouragement of Pro Bono
Nonadjudicative Proceedings
Disputes over flat fees
26. 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.
Candor to the Tribunal and Adverse Legal Authority
Firm Names and Designations
Confidentiality Exception:Protect the Lawyer
Use by other persons
27. 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
Use by other persons
Disputes over flat fees
Promoting Causes Related to the Administration of Justice
Special Responsibilities of Prosecutors
28. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Effect of Lawyer's termination with a firm
Use by other persons
Judge of Third Party Neutral
Protecting the Client and Unearned Fees in withdrawal
29. 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.
Accounts
Use by other persons
Aggregate settlements and pleas
Effect of Lawyer's termination with a firm
30. 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
Impermissible Conduct in Litigation
Associating with Other Counsel
Organization as client
31. 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
Lawyer as Witness
Partnership with nonlawyers
Diligence
Potential Conflicts of Interest
32. 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.
When Disqualification Required
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Client may consent to prospective client conflict
Specialization and Fields of Practice
33. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Joining a firm
Prospective Client Conflict Requirements
Implied Authority
Meretricious and Frivolous Claims
34. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Lawyer's Duties
Diligence
Splitting fees
35. 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).
Special Rules for Government Personnel
Meretricious and Frivolous Claims
Expediting Litigation
Candor to the Tribunal and Adverse Legal Authority
36. Direct mailing is allowed - even targeted mailings.
Media rights
Solicitation by Direct Mail
Factors of reasonableness
When representation is permitted
37. 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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38. 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
Contingent fees
Supervisory and Subordinate Duties and Liability
Special Rules for Government Personnel
Duties re Property of others
39. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Effect of Lawyer's termination with a firm
Time limits of confidentiality
In house counsel
Specialization and Fields of Practice
40. 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
Factors of reasonableness
Campaigning and Partisan Activity
Proprietary Interests
Encouragement of Pro Bono
41. 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
Time limits of confidentiality
Audits and Overdrafts
Flat Fees
42. 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.
Firm Names and Designations
Prospective Client Confidentiality
Information relating to the representation
Flat Fees
43. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Effect of Lawyer's termination with a firm
Withdrawal: Mandatory
Use by other persons
44. Judges should report actual knowledge of lawyer or judge misconduct
Accounts
Splitting fees
Should Report Lawyer and Judicial Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
45. 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
Business transactions with a client
Confidentiality Exceptions: Death or substantial Bodily Injury
Purchase of a new law practice
Potential Conflicts of Interest
46. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Taking a matter up the ladder
Negotiating for Employment
Solicitation by Direct Mail
Government service after private employment
47. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Allocation of Authority between Lawyer and Client
Use by other persons
Promoting Causes Related to the Administration of Justice
Financial assistance
48. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Effect of Lawyer's termination with a firm
Government service after private employment
Information relating to the representation
Nonadjudicative Proceedings
49. 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 representation is permitted
When Disqualification Required
Campaigning and Partisan Activity
Negotiating for Employment
50. 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
Prospective Client Conflict Requirements
Potential Conflicts of Interest
Purchase of a new law practice
Partnership with nonlawyers
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