Deck 4: Attorney-Client Relationship and Dispute Resolution

Question 1

An attorney is subject to professional discipline if an unconscionable fee is charged a client.

Answer 1

True

Question 2

In some types of cases, statutory law prescribes a maximum fee an attorney may charge.

Answer 2

True

Question 3

Mediation is a binding process whereby a private judge decides a pending case.

Answer 3

False

Question 4

The mediation process normally leads to written findings of fact or conclusions of law by the mediator.

Question 5

The mandatory minimum qualification to become an attorney is prescribed by the federal government.

Question 6

The federal Legal Services Corporation is an organization that investigates lawyer malpractice suits.​

Question 7

In civil litigation the party who loses the case is normally responsible for payment of the winner's attorney fees.

Question 8

A mini-trial is a voluntary, non-binding process used primarily by large business organizations to better inform themselves on the merits of a case.

Question 9

The main difference between an attorney and a lawyer is that the attorney may practice law in courtrooms, whereas the lawyer may not.

Question 10

Although attorneys are encouraged to adhere to the traditional requirements of a professional, they cannot be subjected to punishment or discipline by state bar associations unless convicted of a crime involving moral turpitude.

Question 11

Arbitration clauses in consumer and employment contracts have received considerable attention from the courts in recent years.

Question 12

Attorneys are legally prohibited from advertising for new clients, except by listing their names and addresses in telephone directories.

Question 13

The attorney-client privilege is identical to a lawyer's duty to the client of confidentiality.

Question 14

In some court systems, non-binding arbitration is a requirement before the judicial process may procedure.

Question 15

Where a legal fee is prescribed by law, the stated amount is the maximum that may be charged, thus a client is free to negotiate a lower fee, and is often well advised to do so.

Question 16

Contingency fees, once a common method of charging attorney's fees in tort cases, are now illegal under federal law.

Question 17

A retainer fee ensures that the attorney will remain available for the client.

Question 18

It is common for the losing party in arbitration to successfully appeal the arbitrator's award.​

Question 19

It is expected that mediators will maintain neutrality throughout their service, but an ombudsperson is not required to remain neutral.

Question 20

A party to a case can gain financial backing for a lawsuit through the ADR method called partnering.

Question 21

An example of a public attorney is a prosecutor.

Question 22

One major requirement of the adversary system is that the aggrieved party not merely an observer, must be the one to initiate and pursue available legal remedies.

Question 23

Mediation

A)is the same as arbitration..
B)is a public function regulated by the federal government, specifically the American Arbitration Association.
C)is less formal than arbitration.
D)always requires legally trained, certified mediators before a decision can be made.

Question 24

Opposing counsel is not permitted to communicate directly with another attorney's client.

Question 25

The attorney-client privilege identifies the right an attorney has to garnish a client's wages if a client fails after 30 days to pay a fee bill.

Question 26

The assistance of an attorney at law is not important in an adversarial system of justice.

Question 27

The adversary system

A)reflects the idea that competition is a bad way to get at the truth.
B)requires that each party to a dispute is primarily responsible for providing evidence to support that party's position in the dispute.
C)compels the judge to take sides during the course of the case.
D)all of the above

Question 28

Neutral expert fact-finding is a non-binding process in which an appointed expert investigates or hears facts on selected issues.

Question 29

Third-party associations, such as the American Arbitration Association (AAA), sell administrative support, including procedural rules and administrative assistance, for parties seeking arbitration of their disputes.

Question 30

It is ethical for an attorney to file a frivolous lawsuit.

Question 31

In England, lawyers are divided into two groups, solicitors, who represent and advise clients, and barristers, who are selected by solicitors to present a client's case in adversary proceedings, whereas in the United States lawyers are licensed to perform both functions.

Question 32

Attorney Jimmy Blue represented the plaintiff in a contract dispute that was nearing trial. To encourage a compromise, Blue e-mailed the defendant, Christina Tapia, instead of contacting Tapia's attorney. Blue told Tapia that $12,500 would be a fair settlement for the case and indeed Blue did believe it would be. Blue has acted ethically.

Question 33

Passing a bar examination in one state allows a person to practice law in any state of the U.S.

Question 34

As a means of reducing tension in a mediation, the mediator may meet with the parties individually and keep their confidences using a

A)caucus.
B)mini-trial.
C)med-arb.
D)conciliation.

Question 35

A fiduciary relationship is one between two persons wherein one has an obligation to perform services with scrupulous good faith and honesty.

Question 36

The larger a law firm is, the less likely a conflict of interest will arise.

Question 37

Private judging offers more flexibility and privacy than a normal trial.

Question 38

Gacaca courts are a historic South African tribal-based conflict resolution method.

Question 39

Freedom Toast House fired Erica Fryer after she fainted on the job after completing a morning shift. She had signed a contract with Freedom Toast House that contained an arbitration clause. After the firing, Erica filed a claim with the Equal Employment Opportunity Commission (EEOC). Freedom Toast House has filed suit to stop any action by the EEOC. What is the probable result?

A)As Erica has signed an arbitration agreement, she must pursue arbitration as her sole method to pursue any claim.
B)All employment contracts containing arbitration clauses have been deemed unenforceable by the US Supreme Court.
C)The EEOC has the authority to pursue victim-specific relief regardless of the forum that the mployer and employee have chosen to resolve their disputes.
D)As the case involves ADR, it will be submitted as a matter of law to binding mediation.

Question 40

A party to a case can lawfully represent him or herself, but cannot represent others without a license to practice law.

Question 41

If your professor for this class is an attorney, then

A)the fact you are a student creates an attorney client relationship with the professor.
B)all discussions with your instructor are subject to attorney client privilege.
C)all your legal problems this semester will be handled by the University without any additional tuition or fees.
D)none of the above

Question 42

Which of the following types of conduct, if done by an attorney, would likely result in professional disciplinary action?

A)conviction for tax evasion
B)public drunkenness
C)reckless driving
D)traffic ticket for speeding in which another vehicle was damaged

Question 43

Which of the following would be an unethical action by an attorney at law?

A)offering legal services through prepaid insurance
B)agreeing to be paid contingent on the client's recovery of damages in a defamation action
C)receiving payment from another attorney solely in exchange for the referral of clients
D)receiving a fee from a client that is determined to be below the amount required by the federal minimum wage law

Question 44

In most states, to practice law a person must

A)pass a test to determine historical drug use.
B)pass a psychological fitness test.
C)pass a state bar examination.
D)all of the above

Question 45

In the United States, the loser of a lawsuit generally must pay

A)the winner's attorney fees.
B)only his or her own attorney fees, unless otherwise agreed to by contract or required by statute.
C)neither, attorney fees are paid by city government for all civil lawsuits.
D)the judge's prorated salary.

Question 46

Which of the following is not usually a requirement to practice law?

A)membership in the American Bar Association
B)passing a state bar examination
C)taking an oath concerning ethical behavior
D)demonstration of good moral character

Question 47

Which of the following is considered an attribute of arbitration?

A)It is usually somewhat less formal than litigation.
B)It is private.
C)It is usually less expensive.
D)all of the above

Question 48

An attorney may terminate his or her employment relationship with a client for any reasonable cause. All of the following are actions an attorney must then take, except

A)return earned fees.
B)return the client's papers and money held in trust.
C)obtain permission of the court if litigation has begun.
D)give reasonable notice to the client.

Question 49

Acting in propria persona is

A)refusing to pay an attorney the agreed proper fee.
B)representing one's self in a court proceeding.
C)a Latin phrase meaning "fiduciary responsibility."
D)presenting a case without using proper persons as witnesses.

Question 50

Which of the following describes neutral expert fact-finding?

A)discovery procedures
B)a voluntary process in which both parties agree to an informal trial
C)a nonbinding voluntary process in which each party agrees to allow an appointed third party to investigate, or to hear facts on selected issues, and to make findings of fact.
D)an involuntary process in which litigants meet with a judge (other than the one who will hear the case)prior to the trial to hear the judge's opinion of the merits of their case

Question 51

An arbitrator must be

A)a lawyer.
B)a member of the American Arbitration Association.
C)agreed on by the parties.
D)all of the above

Question 52

Negligence by an attorney in handling his or her client's case is called

A)fraud.
B)champerty.
C)maintenance.
D)malpractice.

Question 53

Depending upon the case, attorneys may charge for their services in which of the ways?

A)hourly rate
B)flat fee for the matter involved
C)share in the net recovery, if any
D)any of the above

Question 54

Lawyers' fees are

A)extensively regulated by the state.
B)extensively regulated by the federal government.
C)subject to negotiation by the client and attorney.
D)set by the court in most cases.

Question 55

Which of the following is a goal of alternative dispute resolution (ADR)?

A)to reduce court congestion as well as avoid undue cost and delay
B)to enhance community involvement in the dispute resolution process
C)to facilitate access to traditional systems of providing justice
D)all of the above

Question 56

Which of the following best describes the attorney-client privilege?

A)An attorney cannot be compelled to, nor volunteer to, reveal confidential communications made by the client to the attorney.
B)A client cannot be compelled to testify against him or herself.
C)Every person has a constitutional right to the services of an attorney, and if he or she cannot afford the attorney the court must provide a publicly paid one for the person.
D)Neither an attorney nor a client can be compelled to testify against the other.

Question 57

Frequently, non-lawyers perform many tasks under the supervision of attorneys. Which of the following functions can a non-lawyer perform without creating the risk of practicing without a license?

A)agreeing on behalf of the law firm to represent a new client on a particular case
B)determining whether a lawsuit should be filed
C)informing the client of the latest events in the client's case
D)advising the client which legal theories they should pursue

Question 58

Which of the following is a commonly accepted attribute of a profession?

A)some examination or internship to assure competence.
B)position based on status or birthright
C)contempt for written rules of ethics.
D)fee schedules fixed by statute

Question 59

There are various types of alternative dispute resolution (ADR). The most common type mentioned below is

A)mediation.
B)pleading.
C)small-claims courts.
D)private judging.

Question 60

If an attorney allocates time to pro bono publico service, she or he

A)counsels clients who are referred by other professionals.
B)provides some legal services free of charge to indigent clients.
C)works for the government or as a professor at a university or college.
D)provides all services for a set standard fee.

Question 61

A third party usually selected by just one of the parties in an attempt to help resolve a dispute is called an _________________ .

Question 62

___________________is the use of a neutral third party to encourage and assist parties to voluntarily resolve their dispute. The person conducting the process is called a __________________.

Question 63

Yaleta is a country of two hundred thousand people on a medium size island in the South Atlantic. Legal matters are decided by elected Law Gurus. The people of Yaleta over one thousand years ago wrote a comprehensive code to guide the Gurus. When subjects bring cases before them, the Gurus
Control the flow of information and ask questions of the parties, consult the codes, and make binding decisions. The rulings are recorded but the reasons are not; the Gurus believe the only law they need to consult is the code. Often the traders in Yaleta will consult these codes to determine probable legal outcomes. This system most closely resembles

A)an adversary law system.
B)an inquisitorial system.
C)an equity system.
D)a common law system.

Question 64

A broad term used to describe methods of resolving disputes through means other than the traditional judicial process is __________________ .

Question 65

Which of the following behaviors would be considered unethical behavior by an attorney?

A)reporting a crime that the lawyer witnesses
B)encouraging a client to drop a lawsuit because, in the attorney's opinion, it is a poor choice to continue
C)allowing a client to testify in a trial
D)using a client's funds for a short-term personal loan

Question 66

With a few exceptions, a person may appear ____________ , or in other words, may represent himself or herself in court without the presence of an attorney.

Question 67

______________ occurs when parties in conflict select a neutral third party, the ________________ , to hear and decide their dispute. He or she is essentially a private judge whose decision can be legally binding.

Question 68

A person in a position of trust who undertakes to act for another with scrupulous good faith and honesty is called a _________________ .

Question 69

________________ refers to rules of conduct by which individuals, social groups, and societies evaluate their actions from the perspective of moral principles and values.

Question 70

________________ may be defined as communication for the purpose of persuasion through mutual discussion and bargaining with regard to a matter in dispute.

Question 71

When an attorney at law represents a new client, who is suing a former client, there is probably a _____________________.

Question 72

Practicing law without a license is a ___________ .

Question 73

Columba is a country of one hundred thousand people on a small island in the South Pacific. Legal matters are decided by elected Law Sitters. When subjects bring cases before the Law Sitters, each is responsible for presenting their legal and factual arguments. The primary law of Columba comes from the Book of Rapunzel, which provides rules of conduct and guidelines of behavior. In the hearings, the Law Sitters ask few questions. They rule in favor of the party they believe presented the most believable facts consistent with the rules found in the Book of Rapunzel. This system most closely resembles

A)an adversary system.
B)an inquisitorial system.
C)an equity system.
D)a common law system.

Question 74

Which sentence best describes private judging.

A)An arbitration that preserves and allows an appeal into the judicial system for the same reasons or grounds as an appeal from a trial court.
B)A group of private executives from each side of the dispute who hear and render an advisory opinion to a judge who then renders a decision.
C)to facilitate access to traditional systems of providing justice
D)A non-binding arbitration

Question 75

One variation of arbitration called ____________ combines mediation and arbitration.

Question 76

In all states, communications made by the client to the attorney are _______________ , meaning the client has the right to have such communications remain confidential. This is called the_______________ .

Question 77

A party with whom you have a contract relationship has sued you. The contract between the two of you includes an arbitration clause. Which of the following statements is true?

A)If the party sues on a contract with an arbitration clause they are deemed to forfeit the dispute.
B)Because one of the parties began the judicial process the judicial process must be completed before any arbitration can proceed.
C)If the party sued rather than began the arbitration, the case can no longer be arbitrated.
D)You have options. You could either answer the lawsuit and continue in litigation or make a motion to the court to compel arbitration.

Question 78

________________ is a non-binding part of process that parties in some states are required to participate in before they can go to trial.

Question 79

Under the terms of a contract between a supplier and a retailer, disputes concerning coverage were to be submitted to a three-member board, which would render a decision. One member of the board was selected by the retailer, and one by the supplier. Those two members then selected the third. What type of ADR is this?

A)Negotiation
B)Mediation
C)Arbitration
D)Litigation

Question 80

One of the advantages of mediation over arbitration is that

A)the parties retain the power and control over the dispute.
B)the mediator has the power and control over the dispute.
C)in mediation an outcome or decision is certain to occur at the end of the mediation.
D)the procedures and structure of a mediation process are generally more rigid than in an arbitration process.