Deck 8: The Law of Ethics

Question 1

The root of ethical considerations for attorneys is in the form of rules disseminated by the

A) American Attorney Association (AAA).
B) American Bar Association (ABA).
C) National Association of Legal Attorneys (NALA).
D) National Federation for Practicing Attorneys (NFPA).

Answer 1

American Bar Association (ABA).

Question 2

During the process of building an "ethical wall," what do firms typically maintain?

A) Cross-referenced index of parties
B) Cross-referenced index of relatives
C) Cross-referenced index of employees
D) Cross-referenced index of legal professionals

Answer 2

Cross-referenced index of parties

Question 3

Which is an attorney not specifically ethically required to use when representing a client?

A) Reasonable joy
B) Average competence
C) Basic promptness with regard to deadlines
D) Reasonable diligence

Answer 3

Reasonable joy

Question 4

Which ethical requirement is vigorously enforced?

A) Competitiveness with opposing attorneys
B) Client confidentiality
C) Client relationships
D) Minimum client confidentiality

Question 5

Unlike other professions,the legal profession is based on what system?

A) Adversarial system
B) Financial system
C) Honor system
D) Trust system

Question 6

Which describes some of the most common ethical issues for attorneys,paralegals,and support staff alike?

A) Confidentiality,competence,conflict of interest
B) Accounting,confidence,zealous representation
C) Confidentiality,conflict of interest among staff,competence
D) Competence,confidentiality between staff members,accounting

Question 7

All those who are engaged in the legal profession-attorneys and paralegals-have what additional responsibility?

A) Maintain daily client contact.
B) Ignore conflicts of interest when possible.
C) Honor fiduciary trust relationships.
D) Follow the NALA laws of professional responsibility.

Question 8

Who is the privileged party in the attorney-client relationship?

A) Attorney
B) Attorney and client
C) Client
D) Legal support staff and attorney

Question 9

Who can waive the privileged information produced as a result of the attorney-client relationship?

A) Attorney
B) Client
C) Federal judge
D) The information cannot be waived

Question 10

An attorney should meet one of the three essential requirements to be considered adept and must: (1)possess adequate knowledge of the subject, (2)obtain such knowledge before undertaking representation,or (3)

A) hire a paralegal with adequate knowledge of the subject.
B) defer the issue to an attorney who has adequate or current knowledge.
C) share the case with another attorney of the firm.
D) disclose to the client that the attorney is incompetent in the matter but accept it anyway.

Question 11

Which statement describes the rule regarding circumstances in which an attorney may violate the rule of confidentiality outside the bounds of the firm?

A) There are multiple circumstances that permit this.
B) Violation of the rule is prohibited by federal statute.
C) The rule is absolute and never subject to exception.
D) The circumstances are very rare and limited.

Question 12

Who are required directly to conduct themselves in accordance with the ethical standards known as canons?

A) Attorneys
B) Attorneys and their clients
C) Clients
D) Criminal investigators

Question 13

What standards form the framework of the relationship between the legal professional and the client?

A) Judicial standards
B) Ethical standards
C) Legal standards
D) Personal standards

Question 14

Ethical standards are the accepted rules that form the framework of what type of relationship between the legal professional and their clients?

A) Fact-based
B) Fiduciary-based
C) Financially based
D) Legally based

Question 15

Regarding possible conflicts of interest,how are the rules written?

A) Annually
B) Clearly
C) Vaguely
D) With specific examples

Question 16

The relationship between a lawyer and client is not usually affected by

A) trust.
B) an ethical code of conduct.
C) a legal relationship.
D) a court order.

Question 17

The privilege of confidential communications belongs exclusively to

A) the attorney and legal support staff.
B) the attorney,client,and legal support staff.
C) the client.
D) judges and juries.

Question 18

Rules of ethical conduct were initially established within the legal profession for whom?

A) Attorneys
B) Paralegals
C) Judiciary
D) Legal clerical staff

Question 19

Legal ethics has its roots in

A) the British legal system.
B) federal statutory law.
C) general ethical considerations.
D) the Napoleonic Code.

Question 20

The relationship between the legal professional and the client is based on

A) the adversarial system.
B) the financial system.
C) the honor code.
D) trust.

Question 21

The judicial code of conduct is what governs the attorney-client relationship.

Question 22

Paralegal ethical codes of professional responsibility have their origins in the rules of ethical conduct by attorneys.

Question 23

Competent attorney representation requires adequate legal knowledge,thoroughness,and preparation reasonably necessary for the case.

Question 24

The established ethical considerations have had little effect on the conduct of the legal profession.

Question 25

All paralegals must pass a comprehensive examination that tests advanced knowledge of legal principles.

Question 26

If a client discloses intent to commit murder,an attorney can break the privilege of confidentiality to law-enforcement officials.

Question 27

Ethical considerations are confined solely to the legal profession.

Question 28

An alleged injured client can file a legal action for malfeasance against the attorney and any involved support staff for unethical conduct.

Question 29

With few exceptions,an attorney cannot disclose information relating to a client's case unless the client consents.

Question 30

An attorney-client communication must be made in written form for the rules of confidentiality to apply.