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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. 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
Prospective Client Conflict Requirements
Withdrawal and COI
Campaigning and Partisan Activity
Nonadjudicative Proceedings
2. 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.
Former Clients
Use by other persons
Should Report Lawyer and Judicial Misconduct
Diligence
3. 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
Information relating to the representation
Expediting Litigation
Pay to Play Prohibited
Special Rules for Government Personnel
4. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Audits and Overdrafts
Special Rules for Government Personnel
Meretricious and Frivolous Claims
Trust Account Requirements and Interest
5. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Gifts
Proprietary Interests
Candor to the Tribunal and Adverse Legal Authority
Financial assistance
6. Judges should report actual knowledge of lawyer or judge misconduct
Trial Publicity
Should Report Lawyer and Judicial Misconduct
Payment from a third person
When representation is permitted
7. 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.
Former Clients
Sexual relations with a client
Physical Evidence
Specialization and Fields of Practice
8. 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
Confirmed in writing
Confidentiality Exceptions: Death or substantial Bodily Injury
Information relating to the representation
9. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Future Crime
Expediting Litigation
Non-lawyer employees
10. Direct mailing is allowed - even targeted mailings.
Impermissible Conduct in Litigation
Solicitation by Direct Mail
Former Clients
Allocation of Authority between Lawyer and Client
11. 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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12. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
When representation is not permitted
Candor to the Tribunal and Adverse Legal Authority
Sexual relations with a client
13. 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.
Withdrawal: Permissive
Special Rules for Government Personnel
Dealing with Third Persons
Withdrawal: Mandatory
14. If the lawyer knows an employee is engaged in action that violates a legal duty to the organization or violates the law and may substantially injure the organization - the lawyer shall proceed in the best interests of the organization and may refer t
Attorney Liens
Taking a matter up the ladder
Special Rules for Government Personnel
When Disqualification Required
15. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Dealing with Third Persons
Prospective Client Confidentiality
Associating with Other Counsel
Trust Account Requirements and Interest
16. 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.
Splitting fees
Payment from a third person
Prospective Client Confidentiality
Client property other than money
17. 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
Expediting Litigation
Discrimination
Confidentiality Exception:Court order
Client Perjury
18. 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.
Splitting fees
Partnership with nonlawyers
Payment from a third person
Related lawyers
19. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Information gained through representation
Confidentiality Exceptions: Death or substantial Bodily Injury
Withdrawal and COI
Duty of Subordinate Lawyers
20. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Discrimination
Withdrawal: Mandatory
Partnership with nonlawyers
Promoting Causes Related to the Administration of Justice
21. A lawyer has a duty of confidentiality and loyalty.
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22. 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
Confidentiality Exception:Legal Advice
Special Responsibilities of Prosecutors
In house counsel
Purchase of a new law practice
23. A lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness. Another lawyer in the firm may represent the client if it is not a conflict with a current or former client.
Confidentiality Exception:Court order
Protecting the Client and Unearned Fees in withdrawal
Lawyer's Duties
Lawyer as Witness
24. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Judge of Third Party Neutral
Confirmed in writing
Effect of Lawyer's termination with a firm
Contingent fees
25. 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
Imputed Conflicts of interest
Nonadjudicative Proceedings
Pay to Play Prohibited
26. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Client may consent to prospective client conflict
Informed Consent
Government service after private employment
Purchase of a new law practice
27. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Reciprocity
Confidentiality Exception:Legal Advice
Financial assistance
Aggregate settlements and pleas
28. 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 Exception:Protect the Lawyer
Retainers
Confidentiality Exception:Court Fiduciary
Client property other than money
29. 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
Encouragement of Pro Bono
When Disqualification Required
Aggregate settlements and pleas
Trust Account Requirements and Interest
30. 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
Potential Conflicts of Interest
Payment from a third person
Confidentiality Exception:Future Crime
31. 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.
Protecting the Client and Unearned Fees in withdrawal
Informed Consent
Joining a firm
Physical Evidence
32. 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
Organization as client
Multijurisdictional Practice
Prospective Client Conflict Requirements
Negotiating for Employment
33. 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
Non-lawyer employees
Use by other persons
Client Perjury
Factors of reasonableness
34. 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
Solicitation in Person
Should Report Professional Misconduct
Meretricious and Frivolous Claims
Purchase of a new law practice
35. 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
Partnership with nonlawyers
Withdrawal: Permissive
Pay to Play Prohibited
Concurrent Conflict of Interest
36. A criminal prosecutor has a duty to seek justice and not prosecute unless there is probable cause that the person is guilty of the crime. A prosecutor must advise a defendant of the right to counsel - disclose information that tends to mitigate a fin
Client may consent to prospective client conflict
Promoting Causes Related to the Administration of Justice
Special Responsibilities of Prosecutors
Supervisory and Subordinate Duties and Liability
37. 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
Business transactions with a client
Use by other persons
Should Report Professional Misconduct
Potential Conflicts of Interest
38. 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
Information gained through representation
When representation is permitted
Prospective Client Conflict Requirements
Trust Account Requirements and Interest
39. 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.
Lawyer's Duties
Implied Authority
Organization as client
Non-lawyer employees
40. 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.
Negotiating for Employment
Confidentiality Exception:Court Fiduciary
Supervisory and Subordinate Duties and Liability
Proprietary Interests
41. 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
Confidentiality Exception:Future Crime
Implied Authority
Financial assistance
42. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Judge of Third Party Neutral
Encouragement of Pro Bono
False or Misleading Statements
Dealing with Third Persons
43. 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
Joining a firm
Duty of Subordinate Lawyers
Pay to Play Prohibited
44. A lawyer had a duty to expedite litigation.
Discrimination
Expediting Litigation
Flat Fees
Payment from a third person
45. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Proprietary Interests
Purchase of a new law practice
Dealing with Third Persons
Prospective Client Conflict Requirements
46. 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
Judge of Third Party Neutral
Client Under a Disability
Flat Fees
Use by other persons
47. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Confidentiality Exception:Future Crime
Confidentiality Exception:Court Fiduciary
Nonadjudicative Proceedings
Total fee reasonable
48. 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.
Information relating to the representation
Negotiating for Employment
Impermissible Conduct in Litigation
Special Responsibilities of Prosecutors
49. 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.
Reciprocity
Discrimination
Aggregate settlements and pleas
Impropriety and the Appearance of Impropriety
50. 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.
Solicitation in Person
When representation is permitted
Confidentiality Exception:Court Fiduciary
Withdrawal: Mandatory