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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. A lawyer has a duty of confidentiality and loyalty.
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2. 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
In house counsel
Special Rules for Government Personnel
When representation is permitted
Withdrawal: Permissive
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
Meretricious and Frivolous Claims
Prospective Client Conflict Requirements
Client Perjury
Pay to Play Prohibited
4. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
When representation is permitted
Attorney Liens
Duties re Property of others
Solicitation in Person
5. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Associating with Other Counsel
Government service after private employment
Information relating to the representation
Attorney Liens
6. 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
Impermissible Conduct in Litigation
Confidentiality Exception:Court order
Attorney Liens
7. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Confirmed in writing
Special Rules for Government Personnel
Should Report Professional Misconduct
Confidentiality Exceptions: Death or substantial Bodily Injury
8. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confirmed in writing
Imputed Conflicts of interest
Firm Names and Designations
Organization as client
9. 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
Meretricious and Frivolous Claims
Legal Knowledge and Skill
Confidentiality Exceptions: Death or substantial Bodily Injury
10. 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.
Time limits of confidentiality
Solicitation in Person
Prospective Client Confidentiality
Withdrawal: Mandatory
11. 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.
Joining a firm
Confidentiality Exception:Court Fiduciary
Solicitation in Person
Information relating to the representation
12. 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
Withdrawal Procedure
Duty of Subordinate Lawyers
Pay to Play Prohibited
13. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Withdrawal: Mandatory
Dealing with Third Persons
Confirmed in writing
Time limits of confidentiality
14. 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.
Withdrawal: Mandatory
Lawyer as Witness
Concurrent Conflict of Interest
Financial assistance
15. 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.
Gifts
Special Responsibilities of Prosecutors
Financial assistance
Client property other than money
16. 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.
Confidentiality Exception:Legal Advice
Legal Knowledge and Skill
Former Clients
Contingent fees
17. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Organization as client
Limiting Liability
Confidentiality Exception:Court Fiduciary
Protecting the Client and Unearned Fees in withdrawal
18. 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.
Use by other persons
Retainers
Government service after private employment
Media rights
19. 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
Government service after private employment
Client Perjury
General Requirement for Admission to Practice
20. 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
Sexual relations with a client
Withdrawal Procedure
Legal Knowledge and Skill
21. 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.
Accounts
Confidentiality Exceptions: Death or substantial Bodily Injury
Sexual relations with a client
Proprietary Interests
22. 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.
Government service after private employment
Payment from a third person
Solicitation in Person
Factors of reasonableness
23. 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
Encouragement of Pro Bono
Pay to Play Prohibited
Should Report Lawyer and Judicial Misconduct
When representation is permitted
24. 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.
Meretricious and Frivolous Claims
Related lawyers
Firm Names and Designations
Concurrent Conflict of Interest
25. 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
Related lawyers
Audits and Overdrafts
Judge of Third Party Neutral
Gifts
26. 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
Lawyer's Duties
Candor to the Tribunal and Adverse Legal Authority
Specialization and Fields of Practice
27. 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
When representation is not permitted
Financial assistance
Special Responsibilities of Prosecutors
28. 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
Campaigning and Partisan Activity
Duty of Subordinate Lawyers
When representation is not permitted
Supervisory and Subordinate Duties and Liability
29. 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.
Communication
Contingent fees
Firm Names and Designations
Effect of Lawyer's termination with a firm
30. A lawyer may never use confidential information to the client's disadvantage.
Information gained through representation
Organization as client
Withdrawal: Mandatory
Retainers
31. 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
Campaigning and Partisan Activity
Lawyer's Duties
Dealing with Third Persons
Specialization and Fields of Practice
32. 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
Use by other persons
Withdrawal: Mandatory
Concurrent Conflict of Interest
33. 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
Partnership with nonlawyers
Trust Account Requirements and Interest
Negotiating for Employment
Meretricious and Frivolous Claims
34. 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
Proprietary Interests
Who is the client
Retainers
Promoting Causes Related to the Administration of Justice
35. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Physical Evidence
Solicitation in Person
Duties re Property of others
False or Misleading Statements
36. 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
Total fee reasonable
Legal Knowledge and Skill
Client property other than money
When Disqualification Required
37. 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.
Specialization and Fields of Practice
Special Responsibilities of Prosecutors
Pay to Play Prohibited
Informed Consent
38. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Judge of Third Party Neutral
Client Perjury
Meretricious and Frivolous Claims
Imputed Conflicts of interest
39. 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.
Emergencies
Imputed Conflicts of interest
Prospective Client Conflict Requirements
Accounts
40. A lawyer shall not solicit a substantial gift from a client or prepare an instrument giving the lawyer one unless lawyer is related to the donor. WA disfavors a lawyer drafting an instrument where he is named trustee or personal representative when t
Disputes over flat fees
Campaigning and Partisan Activity
Reciprocity
Gifts
41. 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
Imputed Conflicts of interest
Attorney Liens
Disputes over flat fees
42. A lawyer may reveal information relating to the representation to comply with a court order.
Business transactions with a client
Confidentiality Exception:Future Crime
Related lawyers
Confidentiality Exception:Court order
43. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Sexual relations with a client
Campaigning and Partisan Activity
Pay to Play Prohibited
44. 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.
When representation is not permitted
Non-lawyer employees
Prospective Client Conflict Requirements
Confidentiality Exception:Court order
45. 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.
Who is the client
In house counsel
Limiting Liability
Client Under a Disability
46. 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.
Protecting the Client and Unearned Fees in withdrawal
Factors of reasonableness
Withdrawal: Mandatory
General Requirement for Admission to Practice
47. 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.
Physical Evidence
False or Misleading Statements
Allocation of Authority between Lawyer and Client
Should Report Lawyer and Judicial Misconduct
48. 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.
Former Clients
Solicitation by Direct Mail
Splitting fees
Firm Names and Designations
49. 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
Legal Knowledge and Skill
Total fee reasonable
Candor to the Tribunal and Adverse Legal Authority
Communication
50. 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.
Reciprocity
Trust Account Requirements and Interest
Legal Knowledge and Skill
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud