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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 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
Prospective Client Confidentiality
Pay to Play Prohibited
Allocation of Authority between Lawyer and Client
Informed Consent
2. You can be admitted through reciprocity on the same basis that the other jurisdiction to which the lawyer is admitted accepts attorneys.
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Nonadjudicative Proceedings
Reciprocity
Expediting Litigation
3. A lawyer may reveal information relating to the representation to prevent the client from committing a crime.
Use by other persons
Imputed Conflicts of interest
Confidentiality Exception:Future Crime
Allocation of Authority between Lawyer and Client
4. 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.
Diligence
Associating with Other Counsel
General Requirement for Admission to Practice
Media rights
5. 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
Special Responsibilities of Prosecutors
Special Rules for Government Personnel
Information gained through representation
When Disqualification Required
6. In person solicitation is generally prohibited unless there is a pre-existing relationship.
Former Clients
Nonadjudicative Proceedings
Physical Evidence
Solicitation in Person
7. 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
Former Clients
When representation is not permitted
Who is the client
8. 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
Multijurisdictional Practice
Judge of Third Party Neutral
Former Clients
Accounts
9. 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
Judge of Third Party Neutral
Duty of Subordinate Lawyers
Limiting Liability
Partnership with nonlawyers
10. A judge may promote causes to improve the administration of justice - except if it could be construed as an abuse of office.
Implied Authority
Client Under a Disability
Promoting Causes Related to the Administration of Justice
Effect of Lawyer's termination with a firm
11. 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
Proprietary Interests
Time limits of confidentiality
Potential Conflicts of Interest
12. 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
Client Under a Disability
Client Perjury
Promoting Causes Related to the Administration of Justice
Duty of Subordinate Lawyers
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.
Client may consent to prospective client conflict
Encouragement of Pro Bono
Related lawyers
Joining a firm
14. 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).
Sexual relations with a client
Withdrawal Procedure
Contingent fees
Confidentiality Exception:Court order
15. 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
Client Under a Disability
Attorney Liens
When representation is permitted
Splitting fees
16. 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.
Judge of Third Party Neutral
Proprietary Interests
Confidentiality Exception:Court Fiduciary
Flat Fees
17. 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
Organization as client
Effect of Lawyer's termination with a firm
Joining a firm
False or Misleading Statements
18. 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
Accounts
Pay to Play Prohibited
Prospective Client Conflict Requirements
19. A lawyer shall not advance money to the client - except for litigation costs which cannot be contingent.
Financial assistance
Gifts
Lawyer's Duties
Confidentiality Exception:Future Crime
20. The lawyer has the duty to keep the client informed so the client can make informed decisions about the case.
Client Under a Disability
Emergencies
Retainers
Communication
21. A lawyer may reveal information relating to the representation to secure legal advice about ethical violations.
Contingent fees
Audits and Overdrafts
Media rights
Confidentiality Exception:Legal Advice
22. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Solicitation in Person
Pay to Play Prohibited
Payment from a third person
23. A lawyer who is unpaid may file a lien pursuant to WA law. If no recovery in the case - no satisfaction of the lien.
Nonadjudicative Proceedings
Meretricious and Frivolous Claims
Attorney Liens
Accounts
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.
Aggregate settlements and pleas
Information relating to the representation
Withdrawal Procedure
Judge of Third Party Neutral
25. 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
Concurrent Conflict of Interest
Business transactions with a client
Confidentiality Exception:Protect the Lawyer
Organization as client
26. If a dispute arises - lawyer shall take reasonable and prompt action to resolve the dispute.
Disputes over flat fees
Audits and Overdrafts
Confidentiality Exception:Protect the Lawyer
Withdrawal: Mandatory
27. A lawyer representing a client in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity.
Nonadjudicative Proceedings
Withdrawal and COI
Total fee reasonable
General Requirement for Admission to Practice
28. A lawyer has a duty to store personal property of a client in a safe place and provide a receipt for it.
Duties re Property of others
Trial Publicity
Confidentiality Exception:Court Fiduciary
Splitting fees
29. A lawyer had a duty to expedite litigation.
Expediting Litigation
Discrimination
Aggregate settlements and pleas
Withdrawal: Mandatory
30. 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.
Lawyer as Witness
Specialization and Fields of Practice
Contingent fees
Firm Names and Designations
31. A lawyer is encouraged to accept pro bono cases - 30 hours per year is recommended by the WSBA.
Encouragement of Pro Bono
Client Perjury
Meretricious and Frivolous Claims
Negotiating for Employment
32. 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
Supervisory and Subordinate Duties and Liability
Confidentiality Exception:Court Fiduciary
Use by other persons
False or Misleading Statements
33. 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
Media rights
Effect of Lawyer's termination with a firm
34. A lawyer admitted in another jurisdiction may provide legal advice to the lawyer's employer.
Special Rules for Government Personnel
Splitting fees
Attorney Liens
In house counsel
35. 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
Splitting fees
Trust Account Requirements and Interest
Trial Publicity
Non-lawyer employees
36. 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
Confidentiality Exception:Court Fiduciary
Confidentiality Exceptions: Death or substantial Bodily Injury
Total fee reasonable
37. A lawyer may never use confidential information to the client's disadvantage.
Confidentiality Exception:Protect the Lawyer
Information gained through representation
Communication
Proprietary Interests
38. 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
Gifts
Judge of Third Party Neutral
Proprietary Interests
Business transactions with a client
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.
Client property other than money
Confidentiality Exception:Legal Advice
Effect of Lawyer's termination with a firm
Purchase of a new law practice
40. 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
Client may consent to prospective client conflict
When representation is not permitted
Duty of Subordinate Lawyers
Special Responsibilities of Prosecutors
41. 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
Withdrawal: Permissive
Legal Knowledge and Skill
Purchase of a new law practice
Confidentiality Exception:Future Crime
42. 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
When representation is not permitted
Taking a matter up the ladder
Information gained through representation
Duties re Property of others
43. A lawyer has a duty of confidentiality and loyalty.
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44. A lawyer shall not aid a nonlawyer in the unauthorized practice of law - this includes disbarred lawyers.
Aiding Unauthorized practice/disbarred Lawyers
Firm Names and Designations
Withdrawal: Mandatory
Splitting fees
45. 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
Confidentiality Exception:Future Crime
Confidentiality Exception:Protect the Lawyer
General Requirement for Admission to Practice
Factors of reasonableness
46. A lawyer shall not charge or collect unreasonable fees or expenses.
Use by other persons
Client Under a Disability
Purchase of a new law practice
Total fee reasonable
47. 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
Confidentiality Exception:Preventing - Mitigating - and rectifying crime or fraud
Attorney Liens
Supervisory and Subordinate Duties and Liability
48. A lawyer has implied authority to disclose confidential information to carry out the representation - unless the client has given instructions to the contrary.
Physical Evidence
When Disqualification Required
In house counsel
Implied Authority
49. 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.
Time limits of confidentiality
Organization as client
Client may consent to prospective client conflict
Former Clients
50. 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
Client Under a Disability
Partnership with nonlawyers
Purchase of a new law practice
Confirmed in writing
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