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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. 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
2. 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
Aiding Unauthorized practice/disbarred Lawyers
Information relating to the representation
Audits and Overdrafts
Payment from a third person
3. 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.
Aiding Unauthorized practice/disbarred Lawyers
Confidentiality Exception:Legal Advice
Encouragement of Pro Bono
Trial Publicity
4. 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
Purchase of a new law practice
Communication
Factors of reasonableness
Special Responsibilities of Prosecutors
5. 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.
Prospective Client Confidentiality
Discrimination
Legal Knowledge and Skill
Effect of Lawyer's termination with a firm
6. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Implied Authority
Lawyer's Duties
Confidentiality Exception:Legal Advice
Effect of Lawyer's termination with a firm
7. 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.
Withdrawal: Mandatory
Special Rules for Government Personnel
Special Responsibilities of Prosecutors
Former Clients
8. Is given after the lawyer communicates adequate information and explains the material risks of an reasonably available alternatives to the proposed course of conduct.
Specialization and Fields of Practice
Gifts
Informed Consent
Imputed Conflicts of interest
9. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Client property other than money
Solicitation by Direct Mail
Duties re Property of others
Attorney Liens
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.
In house counsel
Non-lawyer employees
Flat Fees
Client property other than money
11. 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
Aiding Unauthorized practice/disbarred Lawyers
Emergencies
General Requirement for Admission to Practice
Campaigning and Partisan Activity
12. 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.
Organization as client
Information relating to the representation
Promoting Causes Related to the Administration of Justice
Imputed Conflicts of interest
13. 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.
Related lawyers
Aiding Unauthorized practice/disbarred Lawyers
Concurrent Conflict of Interest
Impermissible Conduct in Litigation
14. 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
Multijurisdictional Practice
Confirmed in writing
Concurrent Conflict of Interest
Gifts
15. 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
Solicitation in Person
In house counsel
Lawyer as Witness
16. 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
Media rights
General Requirement for Admission to Practice
Gifts
Disputes over flat fees
17. 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
Organization as client
When Disqualification Required
Non-lawyer employees
In house counsel
18. 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.
Pay to Play Prohibited
Government service after private employment
Emergencies
When representation is not permitted
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).
Contingent fees
Payment from a third person
Withdrawal Procedure
Supervisory and Subordinate Duties and Liability
20. 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.
Expediting Litigation
Special Rules for Government Personnel
Limiting Liability
Confidentiality Exception:Court Fiduciary
21. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Impropriety and the Appearance of Impropriety
Potential Conflicts of Interest
Sexual relations with a client
Implied Authority
22. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Non-lawyer employees
Confidentiality Exceptions: Death or substantial Bodily Injury
Implied Authority
Confidentiality Exception:Legal Advice
23. 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.
Pay to Play Prohibited
Related lawyers
General Requirement for Admission to Practice
Potential Conflicts of Interest
24. 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
Discrimination
Confidentiality Exception:Court order
Supervisory and Subordinate Duties and Liability
Candor to the Tribunal and Adverse Legal Authority
25. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Trial Publicity
Potential Conflicts of Interest
Reciprocity
Client property other than money
26. 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.
Protecting the Client and Unearned Fees in withdrawal
General Requirement for Admission to Practice
Firm Names and Designations
Judge of Third Party Neutral
27. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Negotiating for Employment
Multijurisdictional Practice
Nonadjudicative Proceedings
Client Under a Disability
28. 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
Contingent fees
Impropriety and the Appearance of Impropriety
Solicitation in Person
Use by other persons
29. 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
Protecting the Client and Unearned Fees in withdrawal
Multijurisdictional Practice
Retainers
When representation is not permitted
30. A lawyer must withdraw from representation if a conflict arises - unless the lawyer gets informed consent.
Splitting fees
Discrimination
Withdrawal and COI
Expediting Litigation
31. 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.
Client property other than money
Client Perjury
Communication
Impermissible Conduct in Litigation
32. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Discrimination
Information relating to the representation
Prospective Client Confidentiality
Special Responsibilities of Prosecutors
33. 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.
Gifts
Pay to Play Prohibited
Organization as client
Negotiating for Employment
34. 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.
Discrimination
Contingent fees
Client may consent to prospective client conflict
Organization as client
35. 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
False or Misleading Statements
Should Report Professional Misconduct
Business transactions with a client
Factors of reasonableness
36. 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.
Purchase of a new law practice
Accounts
Solicitation by Direct Mail
Payment from a third person
37. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Emergencies
Specialization and Fields of Practice
Solicitation by Direct Mail
Potential Conflicts of Interest
38. 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.
Total fee reasonable
Impermissible Conduct in Litigation
Sexual relations with a client
Time limits of confidentiality
39. 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.
Supervisory and Subordinate Duties and Liability
Client property other than money
Financial assistance
Information gained through representation
40. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Limiting Liability
Taking a matter up the ladder
Organization as client
Communication
41. 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
Concurrent Conflict of Interest
Who is the client
Duty of Subordinate Lawyers
Time limits of confidentiality
42. A lawyer shall not charge or collect unreasonable fees or expenses.
Judge of Third Party Neutral
Total fee reasonable
Former Clients
Pay to Play Prohibited
43. 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 Exceptions: Death or substantial Bodily Injury
Protecting the Client and Unearned Fees in withdrawal
Negotiating for Employment
Withdrawal: Mandatory
44. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Limiting Liability
Withdrawal: Permissive
Firm Names and Designations
45. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Accounts
Potential Conflicts of Interest
Duties re Property of others
Imputed Conflicts of interest
46. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Disputes over flat fees
Firm Names and Designations
Withdrawal Procedure
47. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Attorney Liens
Flat Fees
Meretricious and Frivolous Claims
Implied Authority
48. 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.
Pay to Play Prohibited
Specialization and Fields of Practice
Reciprocity
Discrimination
49. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Limiting Liability
Payment from a third person
Informed Consent
Flat Fees
50. 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.
Lawyer's Duties
Aggregate settlements and pleas
Partnership with nonlawyers
Informed Consent