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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 lawyer may share information relating to the representation with: employees and firm members - disclosure is necessary for administrative purposes; and for evaluation for use by third persons.
Use by other persons
Specialization and Fields of Practice
Sexual relations with a client
Confidentiality Exception:Court Fiduciary
2. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Meretricious and Frivolous Claims
Time limits of confidentiality
Negotiating for Employment
Aiding Unauthorized practice/disbarred Lawyers
3. A signed writing by a person giving informed consent or a writing the lawyer promptly transmits to the person confirming an oral informed consent.
Legal Knowledge and Skill
Lawyer as Witness
Confirmed in writing
Expediting Litigation
4. 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.
Informed Consent
Confidentiality Exception:Court Fiduciary
Physical Evidence
Lawyer's Duties
5. A lawyer may associate with a competent lawyer if the client gives informed consent the total fee is reasonable.
Aggregate settlements and pleas
Associating with Other Counsel
Prospective Client Conflict Requirements
Expediting Litigation
6. 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: Mandatory
Splitting fees
Trial Publicity
Government service after private employment
7. 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.
Gifts
Aiding Unauthorized practice/disbarred Lawyers
When representation is not permitted
Supervisory and Subordinate Duties and Liability
8. 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.
Effect of Lawyer's termination with a firm
Discrimination
Solicitation by Direct Mail
Partnership with nonlawyers
9. 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
Client Perjury
Business transactions with a client
Sexual relations with a client
Who is the client
10. Generally - if one lawyer in a firm is disqualified - then the entire firm is disqualified for purposes of current clients and former clients.
Purchase of a new law practice
Factors of reasonableness
Imputed Conflicts of interest
Trial Publicity
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 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
Disputes over flat fees
General Requirement for Admission to Practice
Concurrent Conflict of Interest
Time limits of confidentiality
13. A lawyer shall not prospectively limit her malpractice liability unless the client is independently represented in making the agreement.
Purchase of a new law practice
Limiting Liability
Time limits of confidentiality
Encouragement of Pro Bono
14. 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..
Expediting Litigation
Impropriety and the Appearance of Impropriety
Media rights
Confidentiality Exception:Protect the Lawyer
15. A lawyer has a duty of confidentiality and loyalty.
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16. In an emergency - a lawyer may give advice or assistance as long it is limited to what is reasonable necessary under the circumstances.
Organization as client
Emergencies
Withdrawal and COI
Confidentiality Exception:Court Fiduciary
17. A lawyer had a duty to expedite litigation.
Lawyer's Duties
Expediting Litigation
Retainers
Judge of Third Party Neutral
18. 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.
Confidentiality Exception:Court order
Organization as client
Withdrawal: Mandatory
Impermissible Conduct in Litigation
19. 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
Former Clients
Special Responsibilities of Prosecutors
Withdrawal: Permissive
Aiding Unauthorized practice/disbarred Lawyers
20. 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
Informed Consent
Emergencies
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Special Responsibilities of Prosecutors
21. 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.
Proprietary Interests
Supervisory and Subordinate Duties and Liability
General Requirement for Admission to Practice
Taking a matter up the ladder
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
Allocation of Authority between Lawyer and Client
Contingent fees
Withdrawal: Permissive
Solicitation by Direct Mail
23. 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
Confidentiality Exception:Court Fiduciary
Joining a firm
Promoting Causes Related to the Administration of Justice
Concurrent Conflict of Interest
24. 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.
Multijurisdictional Practice
Former Clients
Potential Conflicts of Interest
Media rights
25. 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.
Aggregate settlements and pleas
Discrimination
Former Clients
Aiding Unauthorized practice/disbarred Lawyers
26. Being a zealous advocate does not include bringing frivolous claims and claims brought solely to harass or injure.
Should Report Professional Misconduct
Proprietary Interests
Financial assistance
Meretricious and Frivolous Claims
27. 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
Confidentiality Exceptions: Death or substantial Bodily Injury
Partnership with nonlawyers
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Withdrawal and COI
28. 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
Firm Names and Designations
Client Perjury
In house counsel
Financial assistance
29. 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
Withdrawal Procedure
Use by other persons
Time limits of confidentiality
Candor to the Tribunal and Adverse Legal Authority
30. A lawyer shall not knowingly make a false statement of material fact or law to a third person.
Dealing with Third Persons
Aggregate settlements and pleas
Allocation of Authority between Lawyer and Client
Former Clients
31. 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
Duties re Property of others
Prospective Client Conflict Requirements
Reciprocity
Confidentiality Exception:Legal Advice
32. 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.
Information relating to the representation
Potential Conflicts of Interest
Attorney Liens
Related lawyers
33. 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
Confidentiality Exception:Legal Advice
Business transactions with a client
Special Rules for Government Personnel
Should Report Professional Misconduct
34. 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.
Contingent fees
Organization as client
Solicitation in Person
Splitting fees
35. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Sexual relations with a client
Confidentiality Exception:Future Crime
When representation is not permitted
Duty of Subordinate Lawyers
36. 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.
Duty of Subordinate Lawyers
Reciprocity
Trial Publicity
Judge of Third Party Neutral
37. 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.
Gifts
Negotiating for Employment
Pay to Play Prohibited
Protecting the Client and Unearned Fees in withdrawal
38. 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
Purchase of a new law practice
Client Under a Disability
Supervisory and Subordinate Duties and Liability
Duty of Subordinate Lawyers
39. 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.
Withdrawal: Mandatory
Information gained through representation
Lawyer as Witness
Partnership with nonlawyers
40. 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
Client Under a Disability
Campaigning and Partisan Activity
Judge of Third Party Neutral
Splitting fees
41. 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
Implied Authority
Withdrawal: Permissive
Negotiating for Employment
Audits and Overdrafts
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.
Media rights
Confidentiality Exception:Court Fiduciary
In house counsel
Firm Names and Designations
43. 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
Duties re Property of others
Purchase of a new law practice
Contingent fees
Proprietary Interests
44. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Retainers
Promoting Causes Related to the Administration of Justice
Lawyer's Duties
Non-lawyer employees
45. 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
Withdrawal: Mandatory
Firm Names and Designations
Lawyer's Duties
46. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Withdrawal: Permissive
Client Under a Disability
Concurrent Conflict of Interest
Reciprocity
47. 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.
Lawyer as Witness
Accounts
Diligence
Audits and Overdrafts
48. 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
Audits and Overdrafts
Prospective Client Conflict Requirements
49. 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
Legal Knowledge and Skill
Meretricious and Frivolous Claims
Multijurisdictional Practice
Client Perjury
50. 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
Duties re Property of others
Related lawyers
Trust Account Requirements and Interest