Deck 3: Ethics and Malpractice

Question 1

An attorney or paralegal ______________________. ​

A)can never reveal a client confidence
B)can reveal a client confidence if the client gives informed consent
C)can never reveal a client confidence unless directed to by the Supreme Court
D)can reveal a client confidence whenever he or she wishes, if it benefits the client
E)none of the above

Answer 1

B

Question 2

When an attorney or paralegal in a law office has a conflict of interest, the whole firm must automatically be disqualified. ​

Answer 2

False

Question 3

The attorney-client privilege _______________. ​

A)is an ethical rule and a rule of evidence
B)is an ethical rule
C)is a rule of evidence
D)is neither an ethical rule nor a rule of evidence
E)none of the above

Answer 3

C

Question 4

An ethical rule is a ___________________. ​

A)maximum standard of conduct
B)minimal standard of conduct that an attorney's behavior may not fall below
C)rule mandated by the American Bar Association for all states
D)a and b
E)all of the above

Question 5

Paralegals _____________________. ​

A)cannot draft any part of a will
B)cannot draft any part of a motion
C)cannot draft any part of a brief
D)all of the above
E)can draft all documents under the supervision of an attorney

Question 6

Legal ethics is important because ___________________________. ​

A)it can result in discipline against attorneys in a law office
B)it bears on whether quality legal services are being provided
C)it is directly related to the attorney-client relationship
D)unethical behavior can affect a law firm's reputation
E)all of the above

Question 7

The attorney-client privilege extends to paralegals.

Question 8

Unethical behavior on the part of a paralegal ______________. ​

A)is usually overlooked because paralegals are not covered by attorney ethical rules
B)hardly ever leads to serious problems ​
C)usually does not injure a client
D)cannot cause the paralegal to lose his or her job
E)none of the above

Question 9

A common cause of legal malpractice is poor communication with the client. ​

Question 10

National paralegal association codes of ethics are ______________________. ​

A)mandated for all paralegals ​
B)enforced by state bar associations
C)enforceable in a court of law
D)enforced by the courts
E)none of the above

Question 11

Regarding the unauthorized practice of law, what factors do courts NOT consider when determining if a paralegal was "practicing law"? ​

A)Did the paralegal represent a client in a court proceeding?
B)Did the paralegal prepare documents without attorney supervision?
C)Did the paralegal give legal advice to a client?
D)Did the paralegal at some point merely talk to the client without a lawyer present?
E)None of the above

Question 12

Legal advice may be __________________. ​

A)telling a client what he or she can do
B)telling a client what he or she cannot do
C)answering a legal question
D)telling the client what defense or legal argument to make
E)all of the above

Question 13

State ethical rules that regulate attorney conduct _________________. ​

A)also apply directly to paralegals ​
B)do not apply directly to paralegals, but the codes of ethics of voluntary paralegal associations do apply
C)apply directly to paralegals in certain situations
D)do not apply directly to paralegals
E)none of the above

Question 14

Under the ABA Model Rules, a lawyer having direct supervisory authority over a nonlawyer _____________. ​

A)is not responsible for the nonlawyer's conduct ​
B)has no duty to take reasonable efforts to ensure that the nonlawyer's conduct is ethical
C)shall make reasonable efforts to ensure that the nonlawyer's conduct is ethical
D)a and c
E)none of the above

Question 15

Law offices should not send out letters when they have decided to decline to represent a potential client. ​

Question 16

For the attorney-client privilege to be invoked, the communication must be made in confidence for the purpose of obtaining legal advice. ​

Question 17

When a client loses confidence in a firm, the client may ______________________. ​

A)take his or her business elsewhere, having a short-term negative effect on the firm
B)take his or her business elsewhere, having a long-term negative effect on the firm
C)send more of his or her business to the firm
D)a and b
E)all of the above

Question 18

Paralegals do not typically experience problems with conflict of interest when switching employment. ​

Question 19

The ABA Model Rules of Professional Conduct _________________. ​

A)are mandated ethical rules that must be adopted by every state
B)are handed down by the U.S. Supreme Court
C)are voluntary rules for ABA members but may also be adopted by state bar associations
D)all of the above
E)b and d

Question 20

What type of paralegals are more prone to problems with the unauthorized practice of law? ​

A)paralegal managers
B)government paralegals
C)corporate paralegals
D)legal technicians
E)none of the above

Question 21

Attorneys have a duty to _________. ​

A)competently represent a client
B)conveniently represent a client
C)diligently represent a client
D)a and c
E)b and c

Question 22

The best way to handle ethical problems is to _____________________. ​

A)contact your supervising attorney
B)wait and see if the problem resolves itself
C)cover up the problem
D)be familiar with the state's ethical rules and think conservatively
E)a and d

Question 24

What does "competent representation" require, according to the Model Rules ? ​

Question 25

Explain situations where a conflict of interest arises. ​

Question 26

What is an ethical rule, and who is it applicable to? ​

Question 27

What is a legal technician? ​

Question 28

An exception to disqualifying a whole firm when a problem with conflict of interest arises is ___________________. ​

A)an ethical violation
B)called Chinese torture
C)called an Ethical or Chinese Wall
D)up to the court
E)a and d

Question 29

A conflict of interest occurs when an attorney or a paralegal __________________. ​

A)dislikes the client
B)is a substantial witness in a case
C)has a personal or financial interest in the case
D)b and c
E)all of the above

Question 30

When do paralegals usually have problems with conflicts of interest? ​

Question 31

What factors do courts use when deciding whether a layperson has "practiced law"? ​

Question 32

If an attorney ignores a client matter, the attorney has violated the duty of ______. ​

A)competence
B)diligence
C)client confidentiality
D)attorney-client privilege
E)none of the above

Question 33

Before accepting a case, a law office should always ___________________. ​

A)perform a conflicts check
B)check with the attorneys and paralegals to make sure no conflict exists
C)review past cases to see if the firm was ever on a case regarding potential clients
D)a and c
E)all of the above

Question 34

What is the purpose of protecting attorney-client communications? ​