Question 1

Only a client not an attorney can initiate a complaint based on unauthorized practice of law.

Accepted Answer

Both clients and attorneys, as well as members of the public, can initiate a complaint based on the unauthorized practice of law.

Question 2

The American Bar Association approves paralegal education programs, but does not certify paralegals.

Accepted Answer

The American Bar Association approves paralegal education programs, but they do not offer any type of certification for paralegals. However, there are professional organizations such as the National Association of Legal Assistants and the National Federation of Paralegal Associations that offer certification programs for paralegals. The American Bar Association (ABA) approves paralegal education programs, but does not provide certification for paralegals. However, the ABA does offer a voluntary approval for paralegal certification programs.

Question 3

A court may fashion various remedies in situations involving inadvertent disclosures, but ethically an attorney's obligation is to notify opposing counsel of information received.

Accepted Answer

As per the ABA Model Rules of Professional Conduct, Rule 4.4(b), if a lawyer receives a document relating to the representation of the lawyer's client and knows or reasonably should know that the document was inadvertently sent, the lawyer must promptly notify the sender. The rule recognizes that a receiving lawyer may need to take action to safeguard the interests of the client, but it also requires that the lawyer not take improper advantage of the situation. Therefore, while a court may fashion various remedies in situations involving inadvertent disclosures, ethically an attorney's obligation is to notify opposing counsel of information received. An attorney has an ethical obligation to notify opposing counsel of information received, even if it was inadvertently disclosed. However, a court may still fashion various remedies depending on the circumstances.

Question 4

The ethical rule of confidentiality is much broader than the evidentiary rule about attorney-client privilege.

Accepted Answer

The ethical rule of confidentiality applies to all information obtained in the course of the attorney-client relationship, whereas the evidentiary rule of attorney-client privilege only applies to communications made for the purpose of obtaining legal advice or representation. The ethical rule of confidentiality applies to all information obtained in the course of a professional relationship, while attorney-client privilege only applies to certain communications between an attorney and client. Therefore, the ethical rule of confidentiality is broader.

Question 5

Mental impressions (the attorney's strategies and theories) are protected from disclosure under the attorney-client privilege.

Accepted Answer

Mental impressions, strategies, and theories are protected under the work-product doctrine, not the attorney-client privilege. The attorney-client privilege specifically protects confidential communications between attorneys and their clients, while the work-product doctrine protects materials prepared in anticipation of litigation.

Question 6

An attorney may be suspended from the practice of law for a breach of the Rules of Professional Responsibility by a paralegal under his or her supervision.

Accepted Answer

Attorneys are responsible for the actions of their paralegals and can face disciplinary action if their paralegal violates the Rules of Professional Responsibility. An attorney is ultimately responsible for the actions of their paralegal and may face disciplinary action if their paralegal breaches the Rules of Professional Responsibility.

Question 7

Fees for services performed by paralegals may be collected in a statutory award of attorneys' fees at market rates.

Accepted Answer

Fees for services performed by paralegals may be included in a statutory award of attorneys' fees at market rates, as long as the paralegal's work was necessary and used by the attorney in the litigation. Fees for services performed by paralegals may be included in an award of attorneys' fees at market rates, as long as the services they performed are at a level of expertise that would typically be performed by an attorney. However, the specific rules regarding recovery of paralegal fees can vary by jurisdiction.

Question 8

Which of the following statements is true?&#10;A)An attorney can allow a criminal defendant to take the stand and give perjured testimony.&#10;B)An attorney may transfer assets in an attempt to hinder or delay creditors of the client.&#10;C)A judge may sanction an attorney who refuses to follow the court's orders during a proceeding.&#10;D)An attorney must reveal unfavorable precedent to the court, even if the opponent doesn't, and argue against its application

Accepted Answer

Rule 3.3 of the American Bar Association's Model Rules of Professional Conduct requires attorneys to disclose unfavorable legal authority to the court, despite their opponent's failure to do so. This rule is part of an attorney's ethical duty of candor to the court. Choices A and B are not true as an attorney cannot allow a client to commit perjury or take actions to hinder or delay creditors. Choice C is partially true but incomplete as a judge can only sanction an attorney for refusing to follow court orders if the orders are lawful and not prohibited by the rules of professional conduct.

Question 9

If a paralegal worked on the case for the opposing side at her prior employment,&#10;A)she need not disclose this, because she owes the prior client the duty of confidentiality.&#10;B)The firm will no longer be able to represent the client.&#10;C)Screening a paralegal is usually allowed to avoid imputed disqualification.&#10;D)The paralegal can waive the potential conflict of interest.

Accepted Answer

Screening is typically allowed to avoid imputed disqualification in cases where a paralegal may have a potential conflict of interest due to their prior employment with the opposing side. This allows the law firm to continue representing the client without being disqualified due to the paralegal's prior employment. However, it is important to note that the specific circumstances of the case and the ethical rules of the jurisdiction may impact whether screening is allowed. Screening a paralegal who previously worked on a case for the opposing side is generally allowed to avoid imputed disqualification. This means that as long as the paralegal does not disclose confidential information from her prior employment and is screened from working on the current case, the firm may still be able to represent the client. However, the specific rules may vary depending on the jurisdiction and the circumstances of the case, so it is important to consult with an attorney to ensure compliance.

Question 10

The attorney-client privilege is waived if made in circumstances where third parties not necessary to the legal representation are present.

Accepted Answer

This is a generally recognized exception to the attorney-client privilege, known as the "third-party waiver" or "common interest exception." If a client discusses privileged information in the presence of a third party who is not necessary to the legal representation, the privilege may be considered waived as to that information. The presence of third parties not necessary to the legal representation can break the confidentiality of the attorney-client relationship, leading to a waiver of the privilege. Therefore, it is important to ensure that any communications with an attorney are made in a confidential setting.

Question 11

Ethical rules may require copies of lawyer advertisements be retained for a period of time, contain an attorney's name, provide disclosure about testimonials, and other requirements.

Accepted Answer

The answer of Ethical rules may require copies of lawyer...

Question 12

Unauthorized practice of law only applies to conduct of freelance or independent paralegals.

Accepted Answer

The answer of Unauthorized practice of law only applies to...

Question 13

If a lawyer or a law firm represents a particular client, a conflict with the interests of that client exists if another lawyer in the firm currently represents or previously represented the opponent in a related matter.

Accepted Answer

The answer of If a lawyer or a law firm...

Question 14

A paralegal may perform assignments delegated by a supervising attorney,&#10;A)provided that the services do not require giving legal advice to a client&#10;B)the attorney maintains a direct relationship with the client&#10;C)the work product of the paralegal is considered to be a part of the lawyer's work product&#10;D)all of the above

Accepted Answer

The answer of A paralegal may perform assignments delegated by...

Question 15

The attorney-client privilege applies to pro bono publico matters.

Accepted Answer

The answer of The attorney-client privilege applies to pro bono...

Question 16

The attorney must establish the attorney-client relationship.

Accepted Answer

The answer of The attorney must establish the attorney-client relationship....

Question 17

Practice of law involves the providing legal advice both in and outside of court.

Accepted Answer

The answer of Practice of law involves the providing legal...

Question 18

The ABA proposes the Model Rules which are adopted by each state.

Accepted Answer

The answer of The ABA proposes the Model Rules which...

Deck 2: Legal Ethics