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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. 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
In house counsel
Factors of reasonableness
Impermissible Conduct in Litigation
Attorney Liens
2. A lawyer may never use confidential information to the client's disadvantage.
Lawyer's Duties
Imputed Conflicts of interest
Information gained through representation
Promoting Causes Related to the Administration of Justice
3. 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
Candor to the Tribunal and Adverse Legal Authority
Sexual relations with a client
Physical Evidence
Payment from a third person
4. 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
Prospective Client Conflict Requirements
Confidentiality Exceptions: Death or substantial Bodily Injury
Judge of Third Party Neutral
Effect of Lawyer's termination with a firm
5. 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
Duty of Subordinate Lawyers
Organization as client
Former Clients
Confidentiality Exceptions: Death or substantial Bodily Injury
6. 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
Should Report Lawyer and Judicial Misconduct
Retainers
Firm Names and Designations
Flat Fees
7. 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.
Special Rules for Government Personnel
Media rights
Purchase of a new law practice
Total fee reasonable
8. 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
Use by other persons
Partnership with nonlawyers
Prospective Client Confidentiality
Confidentiality Exception:Future Crime
9. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client Perjury
Firm Names and Designations
Confidentiality Exceptions: Death or substantial Bodily Injury
Client may consent to prospective client conflict
10. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Dealing with Third Persons
Judge of Third Party Neutral
Meretricious and Frivolous Claims
11. A lawyer had a duty to expedite litigation.
Withdrawal Procedure
Imputed Conflicts of interest
Expediting Litigation
Retainers
12. 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
Accounts
Confidentiality Exceptions: Death or substantial Bodily Injury
Splitting fees
Duties re Property of others
13. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Payment from a third person
Joining a firm
Supervisory and Subordinate Duties and Liability
14. 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.
Prospective Client Conflict Requirements
Potential Conflicts of Interest
Firm Names and Designations
Judge of Third Party Neutral
15. 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..
Information relating to the representation
Confidentiality Exception:Protect the Lawyer
Should Report Lawyer and Judicial Misconduct
Withdrawal: Permissive
16. 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.
Special Responsibilities of Prosecutors
Accounts
Encouragement of Pro Bono
Dealing with Third Persons
17. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Withdrawal: Permissive
Specialization and Fields of Practice
Discrimination
Reciprocity
18. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Specialization and Fields of Practice
Special Responsibilities of Prosecutors
Related lawyers
19. 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.
Candor to the Tribunal and Adverse Legal Authority
Payment from a third person
Solicitation by Direct Mail
Confidentiality Exception:Court order
20. 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
When Disqualification Required
Trust Account Requirements and Interest
Impermissible Conduct in Litigation
Potential Conflicts of Interest
21. 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.
Confidentiality Exception:Court Fiduciary
Who is the client
Lawyer as Witness
Negotiating for Employment
22. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Duties re Property of others
Time limits of confidentiality
Protecting the Client and Unearned Fees in withdrawal
Imputed Conflicts of interest
23. 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
Factors of reasonableness
When Disqualification Required
Reciprocity
Related lawyers
24. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Imputed Conflicts of interest
Confirmed in writing
Lawyer's Duties
Communication
25. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Government service after private employment
Confidentiality Exceptions: Death or substantial Bodily Injury
Accounts
Solicitation in Person
26. 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
Lawyer's Duties
Solicitation in Person
False or Misleading Statements
27. Judges should report actual knowledge of lawyer or judge misconduct
Should Report Lawyer and Judicial Misconduct
Allocation of Authority between Lawyer and Client
Audits and Overdrafts
Imputed Conflicts of interest
28. 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
Impermissible Conduct in Litigation
Accounts
Allocation of Authority between Lawyer and Client
29. 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.
Taking a matter up the ladder
Diligence
Negotiating for Employment
Meretricious and Frivolous Claims
30. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Aggregate settlements and pleas
Sexual relations with a client
Taking a matter up the ladder
31. 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
32. 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
Special Rules for Government Personnel
Purchase of a new law practice
Total fee reasonable
Audits and Overdrafts
33. 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
When representation is not permitted
Client Under a Disability
Specialization and Fields of Practice
34. Direct mailing is allowed - even targeted mailings.
Nonadjudicative Proceedings
Taking a matter up the ladder
Solicitation by Direct Mail
Client property other than money
35. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Legal Advice
Audits and Overdrafts
Time limits of confidentiality
Implied Authority
36. 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.
Information gained through representation
Aiding Unauthorized practice/disbarred Lawyers
Client property other than money
Potential Conflicts of Interest
37. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Withdrawal and COI
Solicitation by Direct Mail
Splitting fees
In house counsel
38. 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.
Trial Publicity
General Requirement for Admission to Practice
Information gained through representation
Discrimination
39. 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.
Retainers
Confidentiality Exception:Legal Advice
Withdrawal: Mandatory
When representation is permitted
40. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Reciprocity
Should Report Professional Misconduct
Related lawyers
Withdrawal and COI
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.
Emergencies
Client Under a Disability
Payment from a third person
Confidentiality Exception:Protect the Lawyer
42. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Disputes over flat fees
Audits and Overdrafts
Non-lawyer employees
Encouragement of Pro Bono
43. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Campaigning and Partisan Activity
Lawyer's Duties
Purchase of a new law practice
44. 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
Information relating to the representation
Confidentiality Exception:Protect the Lawyer
Special Rules for Government Personnel
Campaigning and Partisan Activity
45. 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.
Duty of Subordinate Lawyers
Proprietary Interests
Prospective Client Confidentiality
Impermissible Conduct in Litigation
46. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
False or Misleading Statements
Judge of Third Party Neutral
Trust Account Requirements and Interest
Limiting Liability
47. 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.
Government service after private employment
Potential Conflicts of Interest
Aiding Unauthorized practice/disbarred Lawyers
Contingent fees
48. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Protecting the Client and Unearned Fees in withdrawal
Potential Conflicts of Interest
Former Clients
Confidentiality Exception:Court order
49. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Non-lawyer employees
Financial assistance
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Protect the Lawyer
50. 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.
Prospective Client Confidentiality
Encouragement of Pro Bono
When representation is not permitted
Specialization and Fields of Practice