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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 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
Solicitation by Direct Mail
Confidentiality Exception:Legal Advice
Communication
When Disqualification Required
2. 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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3. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
When Disqualification Required
Lawyer's Duties
Confidentiality Exceptions: Death or substantial Bodily Injury
Dealing with Third Persons
4. Judges should report actual knowledge of lawyer or judge misconduct
Information gained through representation
Media rights
Prospective Client Confidentiality
Should Report Lawyer and Judicial Misconduct
5. 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
Multijurisdictional Practice
Protecting the Client and Unearned Fees in withdrawal
Associating with Other Counsel
6. 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
Contingent fees
Total fee reasonable
In house counsel
7. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Client may consent to prospective client conflict
In house counsel
Related lawyers
8. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Imputed Conflicts of interest
Informed Consent
Meretricious and Frivolous Claims
Prospective Client Confidentiality
9. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Partnership with nonlawyers
Expediting Litigation
Informed Consent
10. 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
Emergencies
Purchase of a new law practice
Implied Authority
Physical Evidence
11. 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
Non-lawyer employees
Potential Conflicts of Interest
Financial assistance
12. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Audits and Overdrafts
Effect of Lawyer's termination with a firm
Taking a matter up the ladder
Promoting Causes Related to the Administration of Justice
13. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Specialization and Fields of Practice
Lawyer as Witness
When representation is not permitted
In house counsel
14. Time and labor required; novelty and difficulty of the questions and issues involved; skill required to perform the legal service; likelihood that the acceptance of the particular employment will preclude other employment; fee customarily charged; am
Factors of reasonableness
Allocation of Authority between Lawyer and Client
Pay to Play Prohibited
Legal Knowledge and Skill
15. 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
Firm Names and Designations
Trust Account Requirements and Interest
Financial assistance
Gifts
16. 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..
When Disqualification Required
Promoting Causes Related to the Administration of Justice
Confidentiality Exception:Protect the Lawyer
Confidentiality Exception:Legal Advice
17. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Firm Names and Designations
Duty of Subordinate Lawyers
Associating with Other Counsel
Implied Authority
18. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Implied Authority
Reciprocity
Promoting Causes Related to the Administration of Justice
Concurrent Conflict of Interest
19. 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.
Partnership with nonlawyers
Confidentiality Exception:Court order
Client property other than money
Impermissible Conduct in Litigation
20. 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
Time limits of confidentiality
Duty of Subordinate Lawyers
Aiding Unauthorized practice/disbarred Lawyers
Physical Evidence
21. 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
Confidentiality Exception:Legal Advice
Judge of Third Party Neutral
Reciprocity
Information relating to the representation
22. 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.
Should Report Lawyer and Judicial Misconduct
Confidentiality Exception:Court order
Candor to the Tribunal and Adverse Legal Authority
Media rights
23. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Withdrawal and COI
Limiting Liability
Candor to the Tribunal and Adverse Legal Authority
Discrimination
24. 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.
Aiding Unauthorized practice/disbarred Lawyers
Withdrawal and COI
Should Report Professional Misconduct
Aggregate settlements and pleas
25. 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
Audits and Overdrafts
Multijurisdictional Practice
Candor to the Tribunal and Adverse Legal Authority
General Requirement for Admission to Practice
26. 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:Court Fiduciary
Concurrent Conflict of Interest
Meretricious and Frivolous Claims
When representation is not permitted
27. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Proprietary Interests
Use by other persons
Confidentiality Exception:Future Crime
Imputed Conflicts of interest
28. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Organization as client
Limiting Liability
Withdrawal and COI
Discrimination
29. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Confidentiality Exception:Court order
Solicitation in Person
Client property other than money
In house counsel
30. 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
When Disqualification Required
Flat Fees
Supervisory and Subordinate Duties and Liability
31. 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
Non-lawyer employees
Withdrawal and COI
Related lawyers
Supervisory and Subordinate Duties and Liability
32. 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.
Related lawyers
Contingent fees
Impropriety and the Appearance of Impropriety
Specialization and Fields of Practice
33. 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.
Diligence
Firm Names and Designations
Impermissible Conduct in Litigation
Trial Publicity
34. 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.
General Requirement for Admission to Practice
Withdrawal: Mandatory
Client Perjury
Factors of reasonableness
35. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Meretricious and Frivolous Claims
Campaigning and Partisan Activity
Candor to the Tribunal and Adverse Legal Authority
Allocation of Authority between Lawyer and Client
36. 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
Trial Publicity
Partnership with nonlawyers
Pay to Play Prohibited
Impropriety and the Appearance of Impropriety
37. A lawyer may reveal information relating to the representation to comply with a court order.
Confidentiality Exception:Court order
Total fee reasonable
Financial assistance
Business transactions with a client
38. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Expediting Litigation
Contingent fees
Should Report Lawyer and Judicial Misconduct
Government service after private employment
39. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Attorney Liens
When Disqualification Required
Dealing with Third Persons
Meretricious and Frivolous Claims
40. 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.
Financial assistance
Impropriety and the Appearance of Impropriety
Related lawyers
Physical Evidence
41. A lawyer may never use confidential information to the client's disadvantage.
When Disqualification Required
Financial assistance
Information gained through representation
Time limits of confidentiality
42. 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.
Firm Names and Designations
Duty of Subordinate Lawyers
Emergencies
Duties re Property of others
43. 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.
Partnership with nonlawyers
Information relating to the representation
Accounts
Multijurisdictional Practice
44. 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 Responsibilities of Prosecutors
Protecting the Client and Unearned Fees in withdrawal
Emergencies
Proprietary Interests
45. 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
Contingent fees
Meretricious and Frivolous Claims
When representation is permitted
46. 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.
Client Under a Disability
Media rights
When representation is not permitted
Discrimination
47. If the client is a corporation - the informed consent needs to come from the entity.
Lawyer's Duties
Gifts
Who is the client
Specialization and Fields of Practice
48. 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
Former Clients
Emergencies
Total fee reasonable
Client Perjury
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
Communication
Judge of Third Party Neutral
Limiting Liability
Candor to the Tribunal and Adverse Legal Authority
50. 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.
Meretricious and Frivolous Claims
False or Misleading Statements
Media rights
Pay to Play Prohibited