Deck 2: Ethics in a Family Law Practice

Question 1

Contingent fees in family law cases are always ethical.

Answer 1

False

Question 2

Define conflict of interest.

Answer 2

Divided loyalty that actually or potentially places a person at a disadvantage
even though that person is owed undivided loyalty.

Question 3

What are the two kinds of ethics?

Answer 3

Those that are enforced by sanctions and those that are not enforced by
sanctions.

Question 4

An attorney is liable for negligence:

A)when the attorney loses the case
B)when the attorney makes a mistake
C)when the attorney's conduct falls below the standard of reasonable care
D)all of the above

Question 5

Splitting a fee with a nonattorney can be ethical if the amount of the fee is reasonable.

Question 6

When is a Chinese Wall needed?

Question 7

What is the danger posed by contingent fees in family law cases?

Question 8

An attorney who accepts more cases than he or she can handle is likely to be charged with violating which ethical rule(s)?

A)an attorney shall provide competent representation
B)an attorney's fee shall be reasonable
C)an attorney shall avoid a conflict of interest
D)none of the above

Question 9

There cannot be a conflict of interest if the client is not actually harmed by what the attorney does.

Question 10

Family law paralegals who violate ethics can be disciplined by the bar association.

Question 11

The reasonableness of a fee is determined by:

A)the amount of time and labor involved
B)the complexity of the matter
C)the experience and reputation of the attorney
D)the customary fee in the locality for that kind of case
E)all of the above

Question 12

It cannot be a breach of confidentiality to reveal a nonembarrassing fact about a client's case.

Question 13

Fixed fees are paid only if the attorney wins the case.

Question 14

Define ethics.

Question 15

If the client consents to the attorney's conduct, the conduct cannot constitute a conflict of interest.

Question 16

Paralegals who violate ethical rules can be:

A)disbarred by a court
B)suspended by a court
C)both a and b
D)none of the above

Question 17

In some states, it is possible for an attorney to be charged with unethical conduct even if his or her sexual relations with a client are consensual.

Question 18

When can an attorney reveal a client confidence?

Question 19

Attorneys are always vicariously liable for what their paralegals do.

Question 20

Since a paralegal is not a member of the bar, he or she cannot cause imputed disqualification.

Question 21

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
retainer

Question 22

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
disinterested

Question 23

An attorney can be sued for ________________________ if he or she fails to fulfill a promised result.

Question 24

A person who has a conflict of interest is ________________________ .

Question 25

The Model Rules of Professional Conduct was written by the ________________________ .

Question 26

Define commingling of funds in a law office.

Question 27

What is the only advice that can be given to an unrepresented opponent? FILL IN THE BLANK Complete each statement.

Question 28

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
attorney advertising

Question 29

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
solicitation

Question 30

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
Chinese Wall

Question 31

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
sanctions

Question 32

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
contingent fee

Question 33

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
conflict of interest

Question 34

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
competent

Question 35

________________________ is unreasonable conduct that causes injury or damage to someone to whom you owe a duty of reasonable care.

Question 36

If the entire law firm is disqualified because of the conflict of interest in one attorney, there has been a(n) ________________________ disqualification.

Question 37

Match each numbered entry with the most relevant lettered entry below.

a. contract of employment
b. divided loyalty
c. screening
d. impartial
e. first amendment
f. American Bar Association
g. ambulance chasing
h. penalties or punishment
i. depends on outcome of case
j. reasonably necessary skill
Model Rules