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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 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
Confidentiality Exception:Court Fiduciary
Multijurisdictional Practice
False or Misleading Statements
Accounts
2. 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.
Former Clients
Special Rules for Government Personnel
Communication
Specialization and Fields of Practice
3. 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.
Aggregate settlements and pleas
Withdrawal and COI
Organization as client
When representation is not permitted
4. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Taking a matter up the ladder
Confidentiality Exception:Court order
Organization as client
Reciprocity
5. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Sexual relations with a client
Informed Consent
Protecting the Client and Unearned Fees in withdrawal
In house counsel
6. 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
Emergencies
Retainers
Concurrent Conflict of Interest
7. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Withdrawal Procedure
Meretricious and Frivolous Claims
Multijurisdictional Practice
Gifts
8. 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
Impropriety and the Appearance of Impropriety
When representation is not permitted
Firm Names and Designations
Confirmed in writing
9. 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
Factors of reasonableness
Withdrawal: Mandatory
Sexual relations with a client
Candor to the Tribunal and Adverse Legal Authority
10. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Withdrawal Procedure
Negotiating for Employment
Withdrawal and COI
Judge of Third Party Neutral
11. 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.
Specialization and Fields of Practice
Audits and Overdrafts
Proprietary Interests
Financial assistance
12. 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.
Allocation of Authority between Lawyer and Client
Disputes over flat fees
Aggregate settlements and pleas
Client property other than money
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.
Confidentiality Exception:Court order
False or Misleading Statements
Should Report Professional Misconduct
Dealing with Third Persons
14. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Withdrawal Procedure
Limiting Liability
Partnership with nonlawyers
Joining a firm
15. 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
Client property other than money
Confidentiality Exceptions: Death or substantial Bodily Injury
Duty of Subordinate Lawyers
Flat Fees
16. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Gifts
Organization as client
Expediting Litigation
Government service after private employment
17. 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.
Trust Account Requirements and Interest
Confidentiality Exception:Future Crime
Special Responsibilities of Prosecutors
Sexual relations with a client
18. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Confidentiality Exception:Future Crime
Joining a firm
Physical Evidence
Nonadjudicative Proceedings
19. 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
Client Perjury
Potential Conflicts of Interest
Trust Account Requirements and Interest
Information relating to the representation
20. Lawyer must take reasonable steps to avoid foreseeable prejudice to the client and unearned fees must be returned.
Sexual relations with a client
Client property other than money
Organization as client
Protecting the Client and Unearned Fees in withdrawal
21. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Solicitation by Direct Mail
Withdrawal: Permissive
Financial assistance
Implied Authority
22. 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
Former Clients
Information gained through representation
Campaigning and Partisan Activity
Withdrawal and COI
23. 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
Purchase of a new law practice
Confidentiality Exception:Protect the Lawyer
Diligence
24. 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.
Factors of reasonableness
General Requirement for Admission to Practice
Supervisory and Subordinate Duties and Liability
Sexual relations with a client
25. 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
Client Perjury
Aiding Unauthorized practice/disbarred Lawyers
Reciprocity
26. 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
Information relating to the representation
Allocation of Authority between Lawyer and Client
Taking a matter up the ladder
27. 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
Judge of Third Party Neutral
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal: Mandatory
28. 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
Judge of Third Party Neutral
Disputes over flat fees
Multijurisdictional Practice
Factors of reasonableness
29. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Contingent fees
Effect of Lawyer's termination with a firm
Communication
30. A lawyer has a duty of confidentiality and loyalty.
31. 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.
Non-lawyer employees
Discrimination
Communication
Proprietary Interests
32. 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.
Legal Knowledge and Skill
Judge of Third Party Neutral
Discrimination
Client Under a Disability
33. A lawyer shall not charge or collect unreasonable fees or expenses.
Effect of Lawyer's termination with a firm
Contingent fees
Total fee reasonable
Concurrent Conflict of Interest
34. 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
Joining a firm
Accounts
Multijurisdictional Practice
35. 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.
Reciprocity
Firm Names and Designations
Sexual relations with a client
Audits and Overdrafts
36. 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
When Disqualification Required
General Requirement for Admission to Practice
Flat Fees
Discrimination
37. 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
Associating with Other Counsel
Pay to Play Prohibited
Informed Consent
Firm Names and Designations
38. 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..
Associating with Other Counsel
Contingent fees
Confidentiality Exception:Protect the Lawyer
Effect of Lawyer's termination with a firm
39. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Withdrawal: Permissive
Communication
Withdrawal and COI
Proprietary Interests
40. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Limiting Liability
Communication
Nonadjudicative Proceedings
Duties re Property of others
41. 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).
Confidentiality Exception:Protect the Lawyer
Information gained through representation
Lawyer as Witness
Withdrawal Procedure
42. 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).
Business transactions with a client
Solicitation in Person
Special Rules for Government Personnel
Withdrawal: Mandatory
43. A lawyer may reveal information relating to the representation to comply with a court order.
Specialization and Fields of Practice
Supervisory and Subordinate Duties and Liability
Legal Knowledge and Skill
Confidentiality Exception:Court order
44. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Payment from a third person
Meretricious and Frivolous Claims
Financial assistance
45. 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
Reciprocity
Limiting Liability
Retainers
46. 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.
Time limits of confidentiality
Related lawyers
Legal Knowledge and Skill
Diligence
47. 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.
Concurrent Conflict of Interest
Information relating to the representation
Expediting Litigation
Audits and Overdrafts
48. 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
Prospective Client Conflict Requirements
Legal Knowledge and Skill
Information gained through representation
49. 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
Diligence
Special Rules for Government Personnel
Joining a firm
Should Report Professional Misconduct
50. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Associating with Other Counsel
Promoting Causes Related to the Administration of Justice
Special Responsibilities of Prosecutors
Disputes over flat fees