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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. 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
Potential Conflicts of Interest
Total fee reasonable
Organization as client
Supervisory and Subordinate Duties and Liability
2. 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.
Withdrawal: Mandatory
Pay to Play Prohibited
Taking a matter up the ladder
Firm Names and Designations
3. 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
Solicitation in Person
Purchase of a new law practice
Impropriety and the Appearance of Impropriety
Withdrawal and COI
4. 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.
Attorney Liens
Legal Knowledge and Skill
Dealing with Third Persons
Solicitation by Direct Mail
5. 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
Emergencies
Informed Consent
Confidentiality Exception:Court Fiduciary
6. 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.
Solicitation by Direct Mail
Allocation of Authority between Lawyer and Client
Negotiating for Employment
Duties re Property of others
7. Even if no lawyer-client relationship forms - a lawyer shall not represent a client with interests materially adverse to those of a prospective client in the same or substantially same matter if the lawyer received information from the prospective cl
Trust Account Requirements and Interest
Prospective Client Conflict Requirements
Should Report Professional Misconduct
Specialization and Fields of Practice
8. 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
Impropriety and the Appearance of Impropriety
Withdrawal: Mandatory
General Requirement for Admission to Practice
9. 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
Implied Authority
Government service after private employment
Joining a firm
Reciprocity
10. 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
Specialization and Fields of Practice
Duty of Subordinate Lawyers
Withdrawal and COI
11. 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
Imputed Conflicts of interest
Audits and Overdrafts
Confidentiality Exception:Court Fiduciary
Should Report Professional Misconduct
12. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Physical Evidence
Time limits of confidentiality
Trust Account Requirements and Interest
13. 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.
Protecting the Client and Unearned Fees in withdrawal
Limiting Liability
Payment from a third person
Sexual relations with a client
14. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Confidentiality Exception:Future Crime
Non-lawyer employees
Dealing with Third Persons
Should Report Professional Misconduct
15. 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.
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Court Fiduciary
Client Under a Disability
False or Misleading Statements
16. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Nonadjudicative Proceedings
Imputed Conflicts of interest
When representation is not permitted
Confidentiality Exceptions: Death or substantial Bodily Injury
17. Fee splitting with a nonlawyer is NOT allowed. Lawyer may split fees with a lawyer outside the firm if the fee is split in proportion to the work done or each lawyer assumes joint responsibility. Client must give informed consent (amount received by
Impermissible Conduct in Litigation
Encouragement of Pro Bono
Splitting fees
Confidentiality Exception:Future Crime
18. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Sexual relations with a client
Partnership with nonlawyers
Accounts
19. 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:Court Fiduciary
When Disqualification Required
Solicitation in Person
Withdrawal Procedure
20. A lawyer may never use confidential information to the client's disadvantage.
Media rights
Disputes over flat fees
Duties re Property of others
Information gained through representation
21. 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.
Communication
Should Report Professional Misconduct
Audits and Overdrafts
Physical Evidence
22. 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
Effect of Lawyer's termination with a firm
Impropriety and the Appearance of Impropriety
Confidentiality Exception:Future Crime
Lawyer's Duties
23. 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
Imputed Conflicts of interest
When representation is permitted
Splitting fees
24. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
When representation is permitted
Joining a firm
Communication
Pay to Play Prohibited
25. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Client Under a Disability
Imputed Conflicts of interest
Allocation of Authority between Lawyer and Client
Confidentiality Exception:Protect the Lawyer
26. 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.
Confidentiality Exception:Future Crime
Accounts
Withdrawal: Mandatory
Organization as client
27. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Sexual relations with a client
Confidentiality Exception:Court order
Should Report Lawyer and Judicial Misconduct
Client may consent to prospective client conflict
28. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Solicitation by Direct Mail
Proprietary Interests
Confidentiality Exception:Court order
Encouragement of Pro Bono
29. 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.
Trial Publicity
Client property other than money
Withdrawal and COI
Specialization and Fields of Practice
30. 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
When representation is not permitted
Confidentiality Exception:Court Fiduciary
Audits and Overdrafts
Solicitation in Person
31. 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
Solicitation in Person
Withdrawal: Mandatory
Business transactions with a client
Lawyer as Witness
32. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Should Report Lawyer and Judicial Misconduct
Impropriety and the Appearance of Impropriety
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Future Crime
33. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Aiding Unauthorized practice/disbarred Lawyers
Client property other than money
Meretricious and Frivolous Claims
Campaigning and Partisan Activity
34. Direct mailing is allowed - even targeted mailings.
Withdrawal: Mandatory
Lawyer's Duties
Related lawyers
Solicitation by Direct Mail
35. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Potential Conflicts of Interest
Prospective Client Confidentiality
Emergencies
Duties re Property of others
36. 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
Duty of Subordinate Lawyers
Former Clients
Proprietary Interests
37. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
When Disqualification Required
Factors of reasonableness
Associating with Other Counsel
Meretricious and Frivolous Claims
38. 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.
Encouragement of Pro Bono
Organization as client
Confidentiality Exception:Court Fiduciary
Retainers
39. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Organization as client
Limiting Liability
Disputes over flat fees
Media rights
40. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Aiding Unauthorized practice/disbarred Lawyers
When Disqualification Required
Communication
Nonadjudicative Proceedings
41. 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
Implied Authority
Withdrawal: Mandatory
Duty of Subordinate Lawyers
Diligence
42. 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.
Legal Knowledge and Skill
Protecting the Client and Unearned Fees in withdrawal
When representation is not permitted
Prospective Client Conflict Requirements
43. 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.
Impropriety and the Appearance of Impropriety
Prospective Client Conflict Requirements
Aggregate settlements and pleas
Withdrawal: Mandatory
44. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Joining a firm
Government service after private employment
Diligence
Communication
45. Judges should report actual knowledge of lawyer or judge misconduct
Confidentiality Exception:Court Fiduciary
Confidentiality Exceptions: Death or substantial Bodily Injury
Should Report Lawyer and Judicial Misconduct
Accounts
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.
Information relating to the representation
Nonadjudicative Proceedings
General Requirement for Admission to Practice
Partnership with nonlawyers
47. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Time limits of confidentiality
In house counsel
Protecting the Client and Unearned Fees in withdrawal
Confidentiality Exception:Protect the Lawyer
48. A lawyer had a duty to expedite litigation.
Expediting Litigation
Factors of reasonableness
Government service after private employment
Should Report Professional Misconduct
49. 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
Confidentiality Exception:Future Crime
Expediting Litigation
Aggregate settlements and pleas
When Disqualification Required
50. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Duties re Property of others
Government service after private employment
Flat Fees
Withdrawal and COI