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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. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Potential Conflicts of Interest
Confidentiality Exception:Court order
Pay to Play Prohibited
Informed Consent
2. 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
Confidentiality Exception:Court order
Information relating to the representation
Client Under a Disability
Should Report Professional Misconduct
3. 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
Legal Knowledge and Skill
Confirmed in writing
Confidentiality Exception:Court Fiduciary
4. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Contingent fees
Encouragement of Pro Bono
Accounts
Confidentiality Exception:Legal Advice
5. If the matter is in litigation - the lawyer must obtain the tribunal's permission to withdraw. State court requires a notice of intent with a minimum of 10 days notice (effective if no objection).
Special Rules for Government Personnel
Impropriety and the Appearance of Impropriety
Supervisory and Subordinate Duties and Liability
Withdrawal Procedure
6. A lawyer had a duty to expedite litigation.
Lawyer as Witness
Specialization and Fields of Practice
Contingent fees
Expediting Litigation
7. 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
Concurrent Conflict of Interest
Duties re Property of others
Solicitation in Person
Government service after private employment
8. 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.
Payment from a third person
Multijurisdictional Practice
Campaigning and Partisan Activity
When representation is permitted
9. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Proprietary Interests
Audits and Overdrafts
Solicitation in Person
Financial assistance
10. 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.
Specialization and Fields of Practice
Payment from a third person
Use by other persons
Dealing with Third Persons
11. Direct mailing is allowed - even targeted mailings.
Supervisory and Subordinate Duties and Liability
Firm Names and Designations
Solicitation by Direct Mail
Organization as client
12. 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
Accounts
General Requirement for Admission to Practice
Trial Publicity
13. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Allocation of Authority between Lawyer and Client
Business transactions with a client
Trial Publicity
Use by other persons
14. If the lawyer knows an employee is engaged in action that violates a legal duty to the organization or violates the law and may substantially injure the organization - the lawyer shall proceed in the best interests of the organization and may refer t
Taking a matter up the ladder
Use by other persons
Solicitation by Direct Mail
Government service after private employment
15. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Meretricious and Frivolous Claims
Prospective Client Confidentiality
Confidentiality Exceptions: Death or substantial Bodily Injury
Trust Account Requirements and Interest
16. 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
Joining a firm
Lawyer's Duties
Client Under a Disability
Withdrawal Procedure
17. 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.
Total fee reasonable
Pay to Play Prohibited
Legal Knowledge and Skill
Negotiating for Employment
18. 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
Judge of Third Party Neutral
Diligence
Campaigning and Partisan Activity
19. 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
Organization as client
Duty of Subordinate Lawyers
Should Report Professional Misconduct
Total fee reasonable
20. 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.
Joining a firm
Client property other than money
Time limits of confidentiality
Diligence
21. 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
Confidentiality Exception:Court order
Withdrawal Procedure
Legal Knowledge and Skill
Judge of Third Party Neutral
22. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Confidentiality Exception:Legal Advice
Firm Names and Designations
Protecting the Client and Unearned Fees in withdrawal
When representation is permitted
23. 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.
Client Perjury
Purchase of a new law practice
Discrimination
Reciprocity
24. 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
Contingent fees
Potential Conflicts of Interest
Expediting Litigation
Purchase of a new law practice
25. 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
Protecting the Client and Unearned Fees in withdrawal
Business transactions with a client
Organization as client
Meretricious and Frivolous Claims
26. A lawyer may reveal information relating to the representation to comply with a court order.
Purchase of a new law practice
Impermissible Conduct in Litigation
Confidentiality Exception:Court order
Total fee reasonable
27. 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.
Confidentiality Exception:Court Fiduciary
Withdrawal: Permissive
Prospective Client Conflict Requirements
Media rights
28. 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
Special Responsibilities of Prosecutors
Client may consent to prospective client conflict
Audits and Overdrafts
Former Clients
29. 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.
Confidentiality Exception:Legal Advice
When representation is not permitted
Proprietary Interests
Sexual relations with a client
30. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Confidentiality Exception:Future Crime
Encouragement of Pro Bono
Protecting the Client and Unearned Fees in withdrawal
Government service after private employment
31. 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
Factors of reasonableness
Judge of Third Party Neutral
Flat Fees
Protecting the Client and Unearned Fees in withdrawal
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.
Client Under a Disability
Informed Consent
Confidentiality Exception:Court Fiduciary
Communication
33. 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
Factors of reasonableness
Business transactions with a client
Implied Authority
Proprietary Interests
34. 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
Encouragement of Pro Bono
Supervisory and Subordinate Duties and Liability
Impermissible Conduct in Litigation
Potential Conflicts of Interest
35. 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.
Government service after private employment
Should Report Lawyer and Judicial Misconduct
Withdrawal: Permissive
Impermissible Conduct in Litigation
36. 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.
Information relating to the representation
Client property other than money
Confidentiality Exception:Protect the Lawyer
Sexual relations with a client
37. 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..
Related lawyers
Promoting Causes Related to the Administration of Justice
Reciprocity
Confidentiality Exception:Protect the Lawyer
38. 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.
Promoting Causes Related to the Administration of Justice
Government service after private employment
In house counsel
Non-lawyer employees
39. 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
Duties re Property of others
Candor to the Tribunal and Adverse Legal Authority
Partnership with nonlawyers
Accounts
40. 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.
Reciprocity
Information relating to the representation
Attorney Liens
Diligence
41. 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
When representation is permitted
Payment from a third person
In house counsel
Solicitation in Person
42. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Confidentiality Exception:Court Fiduciary
Limiting Liability
Factors of reasonableness
Payment from a third person
43. 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
Reciprocity
Duty of Subordinate Lawyers
Expediting Litigation
44. 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
Confidentiality Exception:Legal Advice
Client Perjury
Payment from a third person
45. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Encouragement of Pro Bono
Pay to Play Prohibited
Supervisory and Subordinate Duties and Liability
Reciprocity
46. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Solicitation in Person
Confirmed in writing
Special Rules for Government Personnel
Legal Knowledge and Skill
47. 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
Reciprocity
Promoting Causes Related to the Administration of Justice
Client Perjury
In house counsel
48. 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
Client Perjury
Audits and Overdrafts
Firm Names and Designations
Time limits of confidentiality
49. 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.
Attorney Liens
General Requirement for Admission to Practice
Communication
Diligence
50. 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.
When representation is not permitted
Special Rules for Government Personnel
Communication
Former Clients