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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. 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.
General Requirement for Admission to Practice
Client property other than money
Factors of reasonableness
Diligence
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.
Related lawyers
Withdrawal Procedure
Pay to Play Prohibited
Confidentiality Exception:Court order
3. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Candor to the Tribunal and Adverse Legal Authority
General Requirement for Admission to Practice
Protecting the Client and Unearned Fees in withdrawal
Gifts
4. 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
Aiding Unauthorized practice/disbarred Lawyers
Effect of Lawyer's termination with a firm
Flat Fees
Confidentiality Exception:Legal Advice
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
Partnership with nonlawyers
Duty of Subordinate Lawyers
Proprietary Interests
False or Misleading Statements
6. 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
Multijurisdictional Practice
Special Rules for Government Personnel
Solicitation in Person
Information relating to the representation
7. Direct mailing is allowed - even targeted mailings.
Time limits of confidentiality
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Partnership with nonlawyers
Solicitation by Direct Mail
8. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Confidentiality Exception:Future Crime
Implied Authority
Reciprocity
When representation is permitted
9. 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
Special Rules for Government Personnel
Withdrawal: Mandatory
Former Clients
10. 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.
Impermissible Conduct in Litigation
General Requirement for Admission to Practice
Special Responsibilities of Prosecutors
Specialization and Fields of Practice
11. 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.
Confidentiality Exception:Future Crime
Contingent fees
Concurrent Conflict of Interest
Who is the client
12. 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.
Gifts
Supervisory and Subordinate Duties and Liability
Lawyer as Witness
Impermissible Conduct in Litigation
13. A lawyer must be fair to opposing counsel and cannot obstruct evidence - falsify evidence - file frivolous discovery requests - refer to inadmissible matters - make statement of opinion - or engage in ex parte contact.
Impermissible Conduct in Litigation
Duties re Property of others
Confidentiality Exception:Protect the Lawyer
Gifts
14. 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
Withdrawal: Permissive
General Requirement for Admission to Practice
Should Report Professional Misconduct
Duties re Property of others
15. 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.
Prospective Client Confidentiality
Former Clients
Purchase of a new law practice
Client Perjury
16. Lawyer may represent a client if: (1) he reasonably believes he will be able to provide competent and diligent representation; (2) it is not prohibited by law; (3) he is not representing clients in the same litigation; and (4) each affected client gi
Associating with Other Counsel
False or Misleading Statements
Total fee reasonable
When representation is permitted
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
In house counsel
Special Responsibilities of Prosecutors
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Supervisory and Subordinate Duties and Liability
18. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Specialization and Fields of Practice
Attorney Liens
Gifts
Contingent fees
19. 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
Expediting Litigation
Partnership with nonlawyers
Special Rules for Government Personnel
Encouragement of Pro Bono
20. 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.
Imputed Conflicts of interest
Legal Knowledge and Skill
When representation is not permitted
Withdrawal: Mandatory
21. 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.
Use by other persons
Negotiating for Employment
Judge of Third Party Neutral
Purchase of a new law practice
22. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Candor to the Tribunal and Adverse Legal Authority
Retainers
Contingent fees
23. 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
False or Misleading Statements
Special Responsibilities of Prosecutors
Information gained through representation
24. A lawyer must not make an improper (likely to prejudice proceedings) extrajudicial statement to the media. Lawyer may make a statement to protect client from prejudice and may make housekeeping statements about case.
Trial Publicity
Flat Fees
Dealing with Third Persons
Concurrent Conflict of Interest
25. 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
Associating with Other Counsel
Firm Names and Designations
Information gained through representation
When Disqualification Required
26. A lawyer had a duty to expedite litigation.
Duty of Subordinate Lawyers
Confidentiality Exception:Protect the Lawyer
Expediting Litigation
Meretricious and Frivolous Claims
27. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Multijurisdictional Practice
Confidentiality Exception:Future Crime
Prospective Client Conflict Requirements
Withdrawal: Permissive
28. 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
Taking a matter up the ladder
Duty of Subordinate Lawyers
Retainers
Physical Evidence
29. 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.
Pay to Play Prohibited
Discrimination
Aggregate settlements and pleas
Media rights
30. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Client Perjury
Attorney Liens
Negotiating for Employment
Aiding Unauthorized practice/disbarred Lawyers
31. 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
Implied Authority
Who is the client
Should Report Lawyer and Judicial Misconduct
32. 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.
Confirmed in writing
Confidentiality Exception:Court Fiduciary
Allocation of Authority between Lawyer and Client
Information relating to the representation
33. A lawyer has a duty of confidentiality and loyalty.
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34. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Organization as client
Special Responsibilities of Prosecutors
Disputes over flat fees
Former Clients
35. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Time limits of confidentiality
Limiting Liability
Discrimination
36. 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
Time limits of confidentiality
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Future Crime
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
37. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Meretricious and Frivolous Claims
Financial assistance
Dealing with Third Persons
Business transactions with a client
38. 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).
Should Report Lawyer and Judicial Misconduct
Disputes over flat fees
Business transactions with a client
Special Rules for Government Personnel
39. 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.
When representation is permitted
Client Perjury
Splitting fees
Sexual relations with a client
40. 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
Media rights
Multijurisdictional Practice
Related lawyers
Splitting fees
41. 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
Information relating to the representation
Client property other than money
Information gained through representation
Pay to Play Prohibited
42. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Reciprocity
Special Responsibilities of Prosecutors
Nonadjudicative Proceedings
Confirmed in writing
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.
Legal Knowledge and Skill
Lawyer as Witness
Information gained through representation
Withdrawal: Mandatory
44. 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.
When Disqualification Required
Flat Fees
Firm Names and Designations
Disputes over flat fees
45. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Prospective Client Confidentiality
Flat Fees
Client Under a Disability
Dealing with Third Persons
46. A lawyer must not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if there is a significant risk that the representation will be materially limited by the lawyer's responsi
Duties re Property of others
Firm Names and Designations
Physical Evidence
Concurrent Conflict of Interest
47. 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
Prospective Client Conflict Requirements
Who is the client
Supervisory and Subordinate Duties and Liability
Trust Account Requirements and Interest
48. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Aggregate settlements and pleas
Expediting Litigation
Government service after private employment
Solicitation by Direct Mail
49. 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
Prospective Client Conflict Requirements
Total fee reasonable
Information relating to the representation
Expediting Litigation
50. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Confidentiality Exception:Protect the Lawyer
Lawyer as Witness
Confidentiality Exceptions: Death or substantial Bodily Injury