Deck 2: Lawyer and Client Relationship and Ethics

Question 1

A lawyer must disclose a potential conflict of interest to the client where the opposing party is a former client.

Answer 1

True

Question 2

DEFINE
conflict of interest

Answer 2

A situation in which a lawyer's duty to a client to act or refrain from acting is or may be harmful to the interests of another client or to the lawyer's own personal interests.

Question 3

To be admitted to practice law in the federal courts, a lawyer must pass an examination which specifically tests the lawyer's knowledge of federal law, both substantive and procedural.

Answer 3

False

Question 4

There is no distinction between an "agency" relationship and a "fiduciary"
relationship.

Question 5

A lawyer may not withdraw from a pending case if the withdrawal would prejudice the client's legal interests and burden the court.

Question 6

When handling civil litigation for a client, a lawyer is under the client's ultimate control.

Question 7

A lawyer may be disbarred for committing an act involving moral turpitude.

Question 8

If a lawyer discovers that his or her client has attempted to bribe a witness, the lawyer must:

A) inform the court about the situation.
B) inform the client that he or she must inform the court.
C) keep the client's confidence by telling no one.
D) file a criminal complaint against the client.
E) (a) and (b).

Question 9

DEFINE
malpractice

Question 10

A lawyer has implicit authority to do whatever is reasonably necessary to prepare and conduct the client's trial.

Question 11

DEFINE
maintenance

Question 12

DEFINE
mediation

Question 13

Paralegals may draft documents for a lawyer's use in representing a client.

Question 14

A lawyer owes his or her highest duty to the client.

Question 15

Why is the arbitration of a fact dispute, technically, not the practice of law?

Question 16

A lawyer need not comply with a client's request that the lawyer:

A) commence a groundless lawsuit.
B) not assert a claim.
C) settle a lawsuit.
D) dismiss a lawsuit.

Question 17

A lawyer must obtain a former client's informed consent to be able to represent a new client against the former client.

Question 18

Who does not have to provide a reason for terminating the lawyer-client relationship?

A) the lawyer
B) the client
C) the judge
D) none of the above

Question 19

DEFINE
attorney pro se

Question 20

A paralegal is entitled to do all those things a lawyer may do as long as:

A) the paralegal is working under the supervision of a lawyer.
B) the paralegal takes full responsibility for his or her actions.
C) the paralegal is certified.
D) (a) and (c) together.
E) none of the above.

Question 21

On what grounds may a client discharge his or her lawyer who is handling a civil litigation for the client?

Question 22

Why are communications between a lawyer and a client privileged?

Question 23

Generally speaking, what constitutes the practice of law?

Question 24

Is a paralegal subject to the direct control of the court system?

Question 25

What is the rationale for permitting lawyers to advertise their services?

Question 26

If a lawyer has taken possession of the client's valuable antique because it
is relevant to the lawsuit the lawyer is then handling for the client, what is the relationship that controls the lawyer's responsibility for protecting the property from damage or loss?

Question 27

Are certified paralegals subject to disciplinary action for any act that violates the lawyers' Code of Professional Responsibility?

Question 28

What implied authority does a lawyer have from the client when handling the client's civil litigation?

Question 29

Who may act as an attorney pro se?