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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. 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.
General Requirement for Admission to Practice
Sexual relations with a client
Diligence
Non-lawyer employees
2. 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
Meretricious and Frivolous Claims
Pay to Play Prohibited
Audits and Overdrafts
Should Report Professional Misconduct
3. 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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4. A lawyer had a duty to expedite litigation.
Expediting Litigation
Trial Publicity
Government service after private employment
Concurrent Conflict of Interest
5. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal: Mandatory
Client may consent to prospective client conflict
Withdrawal and COI
Reciprocity
6. 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.
Client may consent to prospective client conflict
Trust Account Requirements and Interest
Pay to Play Prohibited
Specialization and Fields of Practice
7. A lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Special Rules for Government Personnel
Firm Names and Designations
Use by other persons
Effect of Lawyer's termination with a firm
8. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Client may consent to prospective client conflict
When representation is permitted
Confidentiality Exception:Future Crime
9. 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.
Flat Fees
Client Perjury
Discrimination
Lawyer's Duties
10. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Organization as client
Confidentiality Exceptions: Death or substantial Bodily Injury
Effect of Lawyer's termination with a firm
11. 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.
Client property other than money
Financial assistance
Confidentiality Exception:Protect the Lawyer
Negotiating for Employment
12. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Confidentiality Exception:Future Crime
Confidentiality Exception:Protect the Lawyer
Nonadjudicative Proceedings
Organization as client
13. 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.
Splitting fees
False or Misleading Statements
Joining a firm
Candor to the Tribunal and Adverse Legal Authority
14. 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.
In house counsel
Duty of Subordinate Lawyers
General Requirement for Admission to Practice
Information relating to the representation
15. 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
Supervisory and Subordinate Duties and Liability
Accounts
Withdrawal: Permissive
Communication
16. 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
Trust Account Requirements and Interest
Meretricious and Frivolous Claims
Nonadjudicative Proceedings
Should Report Professional Misconduct
17. 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.
In house counsel
Effect of Lawyer's termination with a firm
Client Under a Disability
Information relating to the representation
18. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Protecting the Client and Unearned Fees in withdrawal
Potential Conflicts of Interest
Encouragement of Pro Bono
Associating with Other Counsel
19. 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
General Requirement for Admission to Practice
Trust Account Requirements and Interest
Promoting Causes Related to the Administration of Justice
20. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Impropriety and the Appearance of Impropriety
Physical Evidence
Audits and Overdrafts
21. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Future Crime
Confidentiality Exception:Legal Advice
Sexual relations with a client
Concurrent Conflict of Interest
22. 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.
Special Rules for Government Personnel
Dealing with Third Persons
Former Clients
Negotiating for Employment
23. Judges should report actual knowledge of lawyer or judge misconduct
Solicitation by Direct Mail
Attorney Liens
Specialization and Fields of Practice
Should Report Lawyer and Judicial Misconduct
24. 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
Impermissible Conduct in Litigation
Pay to Play Prohibited
False or Misleading Statements
Factors of reasonableness
25. 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.
Withdrawal: Mandatory
Pay to Play Prohibited
Media rights
Diligence
26. 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..
When representation is permitted
When representation is not permitted
Confidentiality Exception:Protect the Lawyer
Physical Evidence
27. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Solicitation in Person
Audits and Overdrafts
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exceptions: Death or substantial Bodily Injury
28. 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.
False or Misleading Statements
Joining a firm
Imputed Conflicts of interest
Proprietary Interests
29. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
When Disqualification Required
Prospective Client Confidentiality
Allocation of Authority between Lawyer and Client
Aiding Unauthorized practice/disbarred Lawyers
30. 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.
Specialization and Fields of Practice
Client property other than money
Related lawyers
Firm Names and Designations
31. 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.
Prospective Client Conflict Requirements
Informed Consent
Organization as client
Lawyer as Witness
32. 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
Protecting the Client and Unearned Fees in withdrawal
Promoting Causes Related to the Administration of Justice
Splitting fees
False or Misleading Statements
33. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Multijurisdictional Practice
Solicitation in Person
Informed Consent
Withdrawal: Mandatory
34. 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
Candor to the Tribunal and Adverse Legal Authority
Gifts
Client property other than money
Withdrawal: Permissive
35. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Protecting the Client and Unearned Fees in withdrawal
Special Rules for Government Personnel
Specialization and Fields of Practice
Financial assistance
36. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Dealing with Third Persons
Protecting the Client and Unearned Fees in withdrawal
Promoting Causes Related to the Administration of Justice
Partnership with nonlawyers
37. 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
Disputes over flat fees
Government service after private employment
Diligence
38. 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
Flat Fees
Dealing with Third Persons
Withdrawal and COI
39. 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.
Media rights
Communication
Legal Knowledge and Skill
Who is the client
40. 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
Potential Conflicts of Interest
False or Misleading Statements
Former Clients
Purchase of a new law practice
41. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
General Requirement for Admission to Practice
Client Under a Disability
When Disqualification Required
Client may consent to prospective client conflict
42. 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
Discrimination
Special Responsibilities of Prosecutors
Informed Consent
Impropriety and the Appearance of Impropriety
43. 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.
Lawyer as Witness
Encouragement of Pro Bono
Confidentiality Exception:Court Fiduciary
Media rights
44. A lawyer has a duty of confidentiality and loyalty.
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45. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Aiding Unauthorized practice/disbarred Lawyers
Promoting Causes Related to the Administration of Justice
Organization as client
Limiting Liability
46. 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
Diligence
Candor to the Tribunal and Adverse Legal Authority
Non-lawyer employees
47. 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
Taking a matter up the ladder
Retainers
Encouragement of Pro Bono
48. 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
Informed Consent
Encouragement of Pro Bono
Special Responsibilities of Prosecutors
49. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Protecting the Client and Unearned Fees in withdrawal
Solicitation in Person
Special Rules for Government Personnel
50. 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.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Duty of Subordinate Lawyers
Negotiating for Employment
Non-lawyer employees