Deck 8: Legal Ethics

Question 1

What was originally a tradition of norms informally applied in the legal profession?

A) Legal Standards
B) Legal Ethics
C) Legal Code
D) Legal Canon

Answer 1

Legal Ethics

Question 2

What part of the ABA Model Rules is designed to help readers comprehend the focus of the rules?

A) Footnotes
B) Endnotes
C) Comments
D) Commentaries

Answer 2

Comments

Question 3

What term describes formal answers by the ABA to questions about application or interpretation of the ethics rules?

A) Ethics explanations
B) Ethics opinions
C) Ethics declarations
D) Ethics viewpoints

Answer 3

Ethics opinions

Question 4

What exam uniformly tests knowledge and skills required to practice law?

A) Uniform Bar Exam
B) Standardized Bar Exam
C) Regulatory Bar Exam
D) Universal Bar Exam

Question 5

What is included in a typical bar exam?

A) Statutory law
B) Regulatory law
C) Common law
D) All of the above

Question 6

What area of knowledge is covered in the Multistate Professional Responsibility Exam?

A) Fundamental lawyering skills
B) Substantive legal knowledge
C) Ethics rules
D) All of the above

Question 7

What is included in competence and diligence?

A) Keeping clients reasonably informed about the status of their cases
B) Responding to clients' requests for information
C) All of the above
D) None of the above

Question 8

What Latin expression is translated "by or for one party"?

A) Nolo contendere
B) Ex parte
C) In personam
D) Ad damnum

Question 9

With respect to truthfulness in the legal profession, what constitutes dishonesty?

A) Paralegals fail to disclose their status as nonlawyers
B) One party's lawyer communicates with the judge while the other party's lawyer is unaware of the communication
C) Lawyers bring frivolous appeals
D) All of the above

Question 10

What constitutes the unauthorized practice of law?

A) Telling a person what to do exactly to resolve a legal controversy
B) Discussing generally legal matters
C) Serving process
D) Representing oneself in a court

Question 11

Who is a nonlawyer employee in a law firm?

A) Paralegal
B) Legal secretary
C) Legal assistant
D) All of the above

Question 12

According to ABA Model Rule 5.3, what are lawyers responsible for?

A) Ethical misconduct of their employees
B) Failure to adequately supervise their employees
C) All of the above
D) None of the above

Question 13

What clients' information is covered by the duty of confidentiality?

A) Statements made to the lawyer
B) Documents given to the lawyer
C) Any information the lawyer learns about clients
D) All of the above

Question 14

Under what circumstances are a client's letters containing private information confidential information?

A) The client writes them to his or her lawyer
B) The client posts them on his or her Facebook page
C) The client publishes them in his or her book
D) The client reads them aloud in his or her lawyer's office in the presence of other people

Question 15

What do Model Rules covering conflicts of interest prohibit lawyers from doing?

A) Representing two clients against each other
B) Representing one client against a former client
C) Being involved romantically with a current client
D) All of the above

Question 16

Under what circumstance may an exception to the conflicts of interest rules be made?

A) Clients whose interests are to be protected give informed consent
B) Clients whose interests are to be protected waive the conflict of interest problem
C) All of the above
D) None of the above

Question 17

Under Model Rule 1.5, what does reasonableness of legal fees include?

A) Lawyers' experience
B) The difficulty of the case
C) The chance that lawyers will be prevented from taking other similar cases, due to the conflicts of interest rules.
D) All of the above

Question 18

What is a legal fee?

A) Hourly billing
B) Flat fee
C) Contingency fee
D) All of the above

Question 19

Under Model Rule 1.5, in what cases are contingency fees disallowed?

A) Divorce cases
B) Criminal cases
C) All of the above
D) None of the above

Question 20

What are costs?

A) Filing fees
B) Process servers' fees
C) Postage for mailing documents to the court
D) All of the above

Question 21

In some jurisdictions, what may be disallowed in legal advertisements?

A) The use of actors
B) Lawyers' past successes
C) All of the above
D) None of the above

Question 22

What prospective clients may lawyers and their employees solicit through live contacts?

A) Lawyers
B) Family members
C) Lawyers' close friends
D) All of the above

Question 23

What must lawyers put on envelopes when they send written solicitation to prospective clients?

A) Solicitation Material
B) Advertising Material
C) Legal Services Promotion
D) Marketing Material

Question 24

According to Model Rule 7.2, what type of advertising for legal services is allowed?

A) A lawyer's advertising in a telephone directory
B) A lawyer's advertising on a billboard
C) A lawyer's advertising on his or her web site
D) All of the above

Question 25

What is an issue pertaining to the use of Internet in the practice of law?

A) Using online coupon websites to promote legal services
B) Using online referral services funneling web users to the law firm websites
C) Discussing lawyers' past and current case in lawyers' blogs
D) All of the above

Question 26

What is an issue pertaining to the ethical use of social media by lawyers?

A) Using social media to investigate witnesses in cases
B) Using Facebook to solicit business among lawyers' "friends"
C) All of the above
D) None of the above

Question 27

What term describes a client's written accusation against a lawyer?

A) Grievance
B) Client's complaint
C) Client's objection
D) Client's injustice report

Question 28

What power does a disciplinary committee have?

A) To investigate grievances
B) To decide whether or not to bring ethics charges against attorneys
C) All of the above
D) None of the above

Question 29

What must lawyers do at the conclusion of their long suspensions?

A) Pass a bar exam
B) Pass the Multistate Professional Responsibility Exam
C) Apply for reinstatement to the practice of law
D) Ask a judge for a reference

Question 30

What is the most serious disciplinary sanction imposed on a lawyer?

A) Public reprimand
B) Disbarment
C) Short license suspension
D) Long license suspension

Question 31

The American Bar Association is the largest voluntary bar association in America.

Question 32

Applicants for law license in all states must pass a national ethics exam.

Question 33

Ethics opinions issued by the ABA and its counterparts have the force of law.

Question 34

According to ABA Model Rules, lawyers may be dishonest with the court as long as they do not commit perjury.

Question 35

A lawsuit is frivolous if the plaintiff demands an extremely big sum of money as damages.

Question 36

ABA Model Rule 5.3 governs lawyers' supervision of their nonlawyer employees.

Question 37

Paralegals and legal assistants are not licensed members of the bar.

Question 38

ABA Mode Rules do not protect lawyers' prospective clients.

Question 39

There are no exceptions to the duty of confidentiality.

Question 40

For the attorney-client privilege to apply, the attorney has to be asked to reveal a confidential communication.

Question 41

There are exceptions to the conflict of interest rules.

Question 42

Waiver is the voluntary relinquishment of a known privilege.

Question 43

Lawyers are required to charge legal fees and costs determined by the ABA.

Question 44

Lawyers engaged in hourly billing may sometimes charge two different clients for the same amount of time.

Question 45

ABA Model Rule 7.1 prohibits all lawyer communication about the lawyer's services to be misleading.

Question 46

The ABA controls the content of advertisements of legal services.

Question 47

According to an ethics opinion issued by the ABA in 2010, all lawyer website information was subject to the truthfulness requirements according to ethics rules.

Question 48

Revised sections of the Model Rules of Professional Conduct address the use of the Internet in the practice of law.

Question 49

Disciplinary sanctions are given to lawyers who have violated their jurisdiction's rules of professional conduct,

Question 50

All disbarred lawyers lose their law licenses permanently.

Question 51

In 1908, the ABA created its first set of ethics rules called the ________ of Professional Ethics.

Question 52

Lawyers are licensed in the jurisdiction where they have passed the ________ exam.

Question 53

An important component of competence is ________.

Question 54

Lawyers are prohibited from bringing ________ suits.

Question 55

ABA Model Rule 5.1 prohibits lawyers from assisting nonlawyers in the ________ practice of law.

Question 56

Nonlawyer employees trained or educated to engage in substantive legal work under the supervision of their employing attorneys are called ________.

Question 57

The duty of ________ applies to lawyers' employees.

Question 58

The attorney-client ________ is related to the duty of confidentiality.

Question 59

Attorneys and their employers are expected to avoid ________ of interest.

Question 60

Acknowledged awareness of the likely consequences for taking a course of action is called ________ consent.

Question 61

Charges for the attorney's time or efforts are ________ fees.

Question 62

Model Rule 5.4 prohibits lawyers from sharing a(n) ________ of their legal fees with their paralegals.

Question 63

Model Rule 7.3 prohibits lawyers and their employees from ________ prospective clients through live contacts.

Question 64

In 2014, the ABA issued an ethics ________ permitting lawyers to review the web presence of jurors.

Question 65

Grievances are filed with the jurisdiction's ________ commission.

Question 66

Match the terms with their descriptions

-Ethics opinions

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 67

Match the terms with their descriptions

-Guides for ethical use of social media

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 68

Match the terms with their descriptions

-Unauthorized practice of law

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 69

Match the terms with their descriptions

-Waiver

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 70

Match the terms with their descriptions

-Disciplinary commission

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 71

Match the terms with their descriptions

-Nonbillables

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 72

Match the terms with their descriptions

-Multistate Performance Test (MPT)

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 73

Match the terms with their descriptions

-Duty of confidentiality

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 74

Match the terms with their descriptions

-Frivolous appeals

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 75

Match the terms with their descriptions

-Advertising Material

A) Voluntary relinquishment of a known privilege or right
B) Law offices overhead expenses that cannot be directly charged to clients
C) Duty requiring lawyers to protect their clients' information
D) Some state and local bar associations have created these documents to help lawyers use Facebook and LinkedIn networks ethically
E) A group of people authorized by its jurisdiction's supreme court to bring ethical charges against lawyers
F) Paralegals give legal advice or represent clients in courts
G) Appeals meant to harass someone
H) Test intended to evaluate an examinee's fundamental lawyering skills, rather than measuring substantive legal knowledge
I) Formal answers to questions about the interpretation or application of the ethics rules
J) The phrase lawyers must put on envelopes when sending written solicitation to prospective clients

Question 76

Define a paralegal and a legal assistant. Discuss what kind of work these employees are allowed and disallowed to do in law offices.

Question 77

Define and contrast costs and legal fees. Discuss how an attorney may charge their clients ethically.

Question 78

Discuss who investigates clients' complaints against lawyers and brings the charges.

Question 79

Discuss what new issues arose with the use of the Internet by lawyers and law firms, who addresses these issues and in what manner.

Question 80

Discuss why in most jurisdictions lawyers are prohibited from using their past successes in their advertisements.