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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
When Disqualification Required
Should Report Professional Misconduct
Reciprocity
Informed Consent
2. 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.
Communication
Effect of Lawyer's termination with a firm
Withdrawal: Mandatory
Who is the client
3. 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
Proprietary Interests
Gifts
Should Report Professional Misconduct
Aiding Unauthorized practice/disbarred Lawyers
4. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Meretricious and Frivolous Claims
Joining a firm
Communication
Former Clients
5. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Solicitation in Person
Total fee reasonable
When representation is permitted
False or Misleading Statements
6. 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
Gifts
Promoting Causes Related to the Administration of Justice
Diligence
7. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Reciprocity
Impermissible Conduct in Litigation
Associating with Other Counsel
Proprietary Interests
8. If the client is a corporation - the informed consent needs to come from the entity.
Organization as client
Discrimination
Who is the client
Impropriety and the Appearance of Impropriety
9. 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
Contingent fees
Aggregate settlements and pleas
Should Report Professional Misconduct
Time limits of confidentiality
10. 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.
Potential Conflicts of Interest
Legal Knowledge and Skill
Partnership with nonlawyers
General Requirement for Admission to Practice
11. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Partnership with nonlawyers
Implied Authority
Expediting Litigation
Communication
12. 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
Emergencies
Effect of Lawyer's termination with a firm
Splitting fees
Flat Fees
13. 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.
Gifts
Confidentiality Exception:Court Fiduciary
Sexual relations with a client
Impermissible Conduct in Litigation
14. 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.
Negotiating for Employment
Confidentiality Exception:Court order
Firm Names and Designations
Diligence
15. A lawyer shall reveal information relating to the representation to prevent certain deal or substantial bodily harm.
Withdrawal: Permissive
Retainers
Expediting Litigation
Confidentiality Exceptions: Death or substantial Bodily Injury
16. 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.
Communication
Flat Fees
Potential Conflicts of Interest
Discrimination
17. 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
Trust Account Requirements and Interest
Special Rules for Government Personnel
Limiting Liability
Client Under a Disability
18. 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.
General Requirement for Admission to Practice
Proprietary Interests
Trial Publicity
Promoting Causes Related to the Administration of Justice
19. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Reciprocity
Client Under a Disability
Judge of Third Party Neutral
Confidentiality Exceptions: Death or substantial Bodily Injury
20. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Supervisory and Subordinate Duties and Liability
General Requirement for Admission to Practice
Disputes over flat fees
Expediting Litigation
21. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Client may consent to prospective client conflict
Client Perjury
Sexual relations with a client
Nonadjudicative Proceedings
22. 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
Dealing with Third Persons
Allocation of Authority between Lawyer and Client
Withdrawal: Permissive
Should Report Lawyer and Judicial Misconduct
23. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Confidentiality Exceptions: Death or substantial Bodily Injury
Confirmed in writing
Limiting Liability
Partnership with nonlawyers
24. A lawyer may reveal information relating to the representation to prevent - mitigate - or rectify substantial injury to the financial or property interests of another that is reasonably certain to result or has resulted where the client has used the
Implied Authority
Campaigning and Partisan Activity
Confidentiality Exception:Future Crime
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
25. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Client Perjury
Should Report Professional Misconduct
Financial assistance
Meretricious and Frivolous Claims
26. 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
False or Misleading Statements
Client Under a Disability
Use by other persons
27. 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.
When Disqualification Required
Negotiating for Employment
Use by other persons
Taking a matter up the ladder
28. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Attorney Liens
Information gained through representation
Partnership with nonlawyers
Legal Knowledge and Skill
29. A lawyer serving as a public official is subject to the conflict of interest rules for current and former clients.
Legal Knowledge and Skill
Joining a firm
Taking a matter up the ladder
Government service after private employment
30. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Firm Names and Designations
Information gained through representation
Aiding Unauthorized practice/disbarred Lawyers
Promoting Causes Related to the Administration of Justice
31. 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.
Former Clients
Confidentiality Exception:Protect the Lawyer
Negotiating for Employment
Legal Knowledge and Skill
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
Former Clients
Media rights
General Requirement for Admission to Practice
Concurrent Conflict of Interest
33. 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
Confidentiality Exception:Court Fiduciary
Business transactions with a client
Physical Evidence
Information relating to the representation
34. 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
Candor to the Tribunal and Adverse Legal Authority
Confidentiality Exceptions: Death or substantial Bodily Injury
Taking a matter up the ladder
Client Perjury
35. Clients make all decisions affects the substance of the case - including settlement. Lawyers are entitled to make tactical decisions.
Contingent fees
Use by other persons
Allocation of Authority between Lawyer and Client
Solicitation in Person
36. 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.
Confidentiality Exception:Court Fiduciary
Encouragement of Pro Bono
Protecting the Client and Unearned Fees in withdrawal
Aggregate settlements and pleas
37. A lawyer shall not charge or collect unreasonable fees or expenses.
Trial Publicity
Firm Names and Designations
Total fee reasonable
In house counsel
38. 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.
Information gained through representation
Accounts
Emergencies
Supervisory and Subordinate Duties and Liability
39. 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.
Contingent fees
Negotiating for Employment
Effect of Lawyer's termination with a firm
Former Clients
40. 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.
Client property other than money
Taking a matter up the ladder
Gifts
Media rights
41. Even when no lawyer-client relationship ensues - a lawyer shall not use or reveal information learned during the consultation.
Expediting Litigation
When representation is not permitted
Prospective Client Confidentiality
Media rights
42. If lawyer receives disqualifying information - lawyer can proceed with representation of prospective client if prospective client gives informed written consent.
Dealing with Third Persons
Client may consent to prospective client conflict
Confidentiality Exception:Protect the Lawyer
Total fee reasonable
43. A lawyer may never use confidential information to the client's disadvantage.
Confirmed in writing
Information relating to the representation
Information gained through representation
Aiding Unauthorized practice/disbarred Lawyers
44. 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
Confirmed in writing
Impropriety and the Appearance of Impropriety
Trust Account Requirements and Interest
45. 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:Protect the Lawyer
Judge of Third Party Neutral
Confidentiality Exception:Legal Advice
Pay to Play Prohibited
46. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
In house counsel
Aggregate settlements and pleas
Confidentiality Exception:Court Fiduciary
Physical Evidence
47. 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
Impermissible Conduct in Litigation
Retainers
Flat Fees
Should Report Lawyer and Judicial Misconduct
48. 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.
Confirmed in writing
Potential Conflicts of Interest
Aggregate settlements and pleas
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
49. Judges should report actual knowledge of lawyer or judge misconduct
Gifts
Judge of Third Party Neutral
Should Report Lawyer and Judicial Misconduct
Should Report Professional Misconduct
50. 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
Diligence
Prospective Client Confidentiality
Flat Fees
Time limits of confidentiality