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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 may never use confidential information to the client's disadvantage.
Withdrawal: Permissive
Client may consent to prospective client conflict
Information gained through representation
Proprietary Interests
2. 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.
Sexual relations with a client
Financial assistance
Withdrawal Procedure
Aiding Unauthorized practice/disbarred Lawyers
3. A lawyer may reveal information relating to the representation to comply with a court order.
Duty of Subordinate Lawyers
In house counsel
Confidentiality Exception:Court order
Proprietary Interests
4. A lawyer shall not charge or collect unreasonable fees or expenses.
Client Under a Disability
Total fee reasonable
Duties re Property of others
Contingent fees
5. 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
Potential Conflicts of Interest
Partnership with nonlawyers
Proprietary Interests
Lawyer's Duties
6. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Business transactions with a client
Limiting Liability
Reciprocity
Nonadjudicative Proceedings
7. 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.
Duty of Subordinate Lawyers
Time limits of confidentiality
General Requirement for Admission to Practice
Aggregate settlements and pleas
8. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Special Rules for Government Personnel
Dealing with Third Persons
Supervisory and Subordinate Duties and Liability
Withdrawal Procedure
9. 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.
Confidentiality Exception:Protect the Lawyer
Multijurisdictional Practice
Total fee reasonable
Client Under a Disability
10. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Should Report Lawyer and Judicial Misconduct
Joining a firm
Encouragement of Pro Bono
Informed Consent
11. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Communication
Negotiating for Employment
Dealing with Third Persons
Sexual relations with a client
12. 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.
Discrimination
Negotiating for Employment
Lawyer as Witness
Effect of Lawyer's termination with a firm
13. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Information relating to the representation
Former Clients
Confidentiality Exception:Future Crime
Implied Authority
14. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Encouragement of Pro Bono
Related lawyers
15. 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.
Confidentiality Exceptions: Death or substantial Bodily Injury
Impropriety and the Appearance of Impropriety
False or Misleading Statements
Legal Knowledge and Skill
16. 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.
Flat Fees
Confidentiality Exceptions: Death or substantial Bodily Injury
Confidentiality Exception:Future Crime
Firm Names and Designations
17. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Factors of reasonableness
Confirmed in writing
Informed Consent
Client Perjury
18. 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
Limiting Liability
Time limits of confidentiality
Gifts
Supervisory and Subordinate Duties and Liability
19. 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
Candor to the Tribunal and Adverse Legal Authority
Lawyer's Duties
Negotiating for Employment
20. 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
Emergencies
Withdrawal: Permissive
Special Responsibilities of Prosecutors
Solicitation by Direct Mail
21. 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.
Information relating to the representation
Sexual relations with a client
When representation is permitted
Non-lawyer employees
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.
Flat Fees
Solicitation in Person
Payment from a third person
Withdrawal Procedure
23. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Concurrent Conflict of Interest
Trust Account Requirements and Interest
Duties re Property of others
Proprietary Interests
24. 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
Retainers
Withdrawal: Mandatory
Potential Conflicts of Interest
Attorney Liens
25. Knowledge of physical evidence is protected by duty of confidentiality - physical possession of evidence must be preserved in the condition it was received in and turn it over while protecting the client's identity and other confidential information.
Physical Evidence
Confirmed in writing
Concurrent Conflict of Interest
Promoting Causes Related to the Administration of Justice
26. 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
Pay to Play Prohibited
Accounts
Trust Account Requirements and Interest
Reciprocity
27. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Contingent fees
Withdrawal: Mandatory
Confidentiality Exceptions: Death or substantial Bodily Injury
Information relating to the representation
28. If the client is a corporation - the informed consent needs to come from the entity.
Impermissible Conduct in Litigation
Trust Account Requirements and Interest
Who is the client
Trial Publicity
29. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Specialization and Fields of Practice
Lawyer's Duties
Imputed Conflicts of interest
Solicitation in Person
30. 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
Discrimination
Trust Account Requirements and Interest
Taking a matter up the ladder
Use by other persons
31. 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
Confidentiality Exception:Court order
Expediting Litigation
Implied Authority
32. 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
Withdrawal and COI
Confirmed in writing
Special Rules for Government Personnel
Potential Conflicts of Interest
33. 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
Gifts
Informed Consent
Withdrawal: Mandatory
Legal Knowledge and Skill
34. 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.
Confidentiality Exception:Court order
Specialization and Fields of Practice
Expediting Litigation
Dealing with Third Persons
35. 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.
Retainers
Effect of Lawyer's termination with a firm
Time limits of confidentiality
Client property other than money
36. 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
When Disqualification Required
Legal Knowledge and Skill
Related lawyers
37. Judges should report actual knowledge of lawyer or judge misconduct
Solicitation by Direct Mail
Withdrawal Procedure
Legal Knowledge and Skill
Should Report Lawyer and Judicial Misconduct
38. 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.
Accounts
Trust Account Requirements and Interest
Related lawyers
Confidentiality Exception:Protect the Lawyer
39. 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
Purchase of a new law practice
Use by other persons
Multijurisdictional Practice
Special Rules for Government Personnel
40. 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
Physical Evidence
Factors of reasonableness
Confidentiality Exception:Court Fiduciary
When Disqualification Required
41. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Lawyer's Duties
Legal Knowledge and Skill
Nonadjudicative Proceedings
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Payment from a third person
Use by other persons
Confirmed in writing
Associating with Other Counsel
43. 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
Lawyer's Duties
Impermissible Conduct in Litigation
Withdrawal Procedure
When representation is permitted
44. 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
Encouragement of Pro Bono
Audits and Overdrafts
Supervisory and Subordinate Duties and Liability
Discrimination
45. 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
Confidentiality Exception:Protect the Lawyer
Client Perjury
Factors of reasonableness
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
46. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Encouragement of Pro Bono
Attorney Liens
Confirmed in writing
Firm Names and Designations
47. 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.
Special Rules for Government Personnel
Non-lawyer employees
Proprietary Interests
Concurrent Conflict of Interest
48. 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
General Requirement for Admission to Practice
Audits and Overdrafts
Total fee reasonable
49. 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.
Contingent fees
Business transactions with a client
Firm Names and Designations
Judge of Third Party Neutral
50. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Judge of Third Party Neutral
Confidentiality Exception:Legal Advice
Confidentiality Exception:Court Fiduciary
Implied Authority