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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. 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
Client may consent to prospective client conflict
Dealing with Third Persons
Joining a firm
Withdrawal Procedure
2. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Legal Knowledge and Skill
Candor to the Tribunal and Adverse Legal Authority
Informed Consent
Supervisory and Subordinate Duties and Liability
3. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Duty of Subordinate Lawyers
Aiding Unauthorized practice/disbarred Lawyers
Dealing with Third Persons
False or Misleading Statements
4. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Taking a matter up the ladder
Encouragement of Pro Bono
Effect of Lawyer's termination with a firm
Splitting fees
5. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Taking a matter up the ladder
Trust Account Requirements and Interest
False or Misleading Statements
6. 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.
Confidentiality Exception:Court order
Encouragement of Pro Bono
In house counsel
Information relating to the representation
7. 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
Confirmed in writing
Who is the client
Trial Publicity
8. Lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims unless each client gives informed written consent. Client must know how much each client is getting.
Use by other persons
Government service after private employment
Purchase of a new law practice
Aggregate settlements and pleas
9. 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
Pay to Play Prohibited
Dealing with Third Persons
Implied Authority
10. 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
Former Clients
Potential Conflicts of Interest
Concurrent Conflict of Interest
11. Judges should report actual knowledge of lawyer or judge misconduct
Trust Account Requirements and Interest
Total fee reasonable
Dealing with Third Persons
Should Report Lawyer and Judicial Misconduct
12. 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.
Duties re Property of others
Trial Publicity
Legal Knowledge and Skill
Nonadjudicative Proceedings
13. 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
Flat Fees
Client property other than money
Allocation of Authority between Lawyer and Client
14. 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.
Retainers
Client Under a Disability
Meretricious and Frivolous Claims
Expediting Litigation
15. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Expediting Litigation
Nonadjudicative Proceedings
Specialization and Fields of Practice
16. 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
Aggregate settlements and pleas
Splitting fees
Related lawyers
17. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Audits and Overdrafts
Communication
Confidentiality Exception:Court Fiduciary
Should Report Lawyer and Judicial Misconduct
18. 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..
Confidentiality Exceptions: Death or substantial Bodily Injury
Audits and Overdrafts
Specialization and Fields of Practice
Confidentiality Exception:Protect the Lawyer
19. 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
Partnership with nonlawyers
Campaigning and Partisan Activity
Confidentiality Exception:Legal Advice
Confidentiality Exception:Future Crime
20. 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).
Concurrent Conflict of Interest
Trust Account Requirements and Interest
Withdrawal Procedure
Joining a firm
21. A lawyer shall not charge or collect unreasonable fees or expenses.
Total fee reasonable
Related lawyers
Confidentiality Exception:Legal Advice
Flat Fees
22. 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
Meretricious and Frivolous Claims
Attorney Liens
Nonadjudicative Proceedings
23. 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.
Judge of Third Party Neutral
Lawyer's Duties
Specialization and Fields of Practice
Potential Conflicts of Interest
24. 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
Total fee reasonable
Aiding Unauthorized practice/disbarred Lawyers
Judge of Third Party Neutral
Communication
25. 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.
Meretricious and Frivolous Claims
Special Responsibilities of Prosecutors
Withdrawal Procedure
Former Clients
26. 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.
Factors of reasonableness
Diligence
When representation is not permitted
Candor to the Tribunal and Adverse Legal Authority
27. 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.
Confirmed in writing
General Requirement for Admission to Practice
Informed Consent
Trust Account Requirements and Interest
28. 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
Use by other persons
Partnership with nonlawyers
Joining a firm
Purchase of a new law practice
29. When a lawyer leaves a firm - the firm is not prohibited from representing a client with interests materially adverse to those of a client represented by a former lawyer unless (1) it is a same or substantially related matter - or 2) any remaining la
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30. 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.
Diligence
Proprietary Interests
Discrimination
Communication
31. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Prospective Client Confidentiality
Government service after private employment
Imputed Conflicts of interest
Confirmed in writing
32. 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
Confidentiality Exception:Future Crime
Partnership with nonlawyers
Concurrent Conflict of Interest
Special Responsibilities of Prosecutors
33. 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
Reciprocity
Retainers
Legal Knowledge and Skill
Client Perjury
34. 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.
Media rights
Reciprocity
Flat Fees
Campaigning and Partisan Activity
35. 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.
Informed Consent
Dealing with Third Persons
When representation is not permitted
Trial Publicity
36. 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
Client property other than money
Business transactions with a client
Candor to the Tribunal and Adverse Legal Authority
Specialization and Fields of Practice
37. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Attorney Liens
Withdrawal and COI
Financial assistance
Duty of Subordinate Lawyers
38. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Confidentiality Exception:Court Fiduciary
Aggregate settlements and pleas
Imputed Conflicts of interest
Confidentiality Exception:Legal Advice
39. A lawyer had a duty to expedite litigation.
Duty of Subordinate Lawyers
Withdrawal and COI
Promoting Causes Related to the Administration of Justice
Expediting Litigation
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
Aiding Unauthorized practice/disbarred Lawyers
Special Responsibilities of Prosecutors
Gifts
Nonadjudicative Proceedings
41. 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
Taking a matter up the ladder
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal and COI
42. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Concurrent Conflict of Interest
Confidentiality Exception:Legal Advice
Associating with Other Counsel
Client may consent to prospective client conflict
43. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Organization as client
Attorney Liens
Information gained through representation
Sexual relations with a client
44. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Duties re Property of others
Confidentiality Exceptions: Death or substantial Bodily Injury
Nonadjudicative Proceedings
Who is the client
45. 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
Prospective Client Conflict Requirements
Related lawyers
Judge of Third Party Neutral
46. 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.
Multijurisdictional Practice
Attorney Liens
When Disqualification Required
Firm Names and Designations
47. 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.
Disputes over flat fees
Related lawyers
General Requirement for Admission to Practice
Withdrawal and COI
48. 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.
Impropriety and the Appearance of Impropriety
Negotiating for Employment
Sexual relations with a client
In house counsel
49. 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
Diligence
Informed Consent
Duty of Subordinate Lawyers
Negotiating for Employment
50. Direct mailing is allowed - even targeted mailings.
Solicitation by Direct Mail
Information gained through representation
Trust Account Requirements and Interest
Disputes over flat fees