Question 1

One of the oldest and most important rules of the legal profession is the rule of:

Accepted Answer

Attorney-client confidentiality is a fundamental principle in the legal profession, ensuring that communications between a lawyer and their client are kept private.

Question 2

Mrs.Jones comes to attorney Nelson's office and asks him to represent her in a divorce.Before leaving the office, Mrs.Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, that attorney Nelson is to "go ahead and tell him that she is." This is an example of:

Accepted Answer

Mrs. Jones explicitly consents to attorney Nelson disclosing the information to her husband, which is a direct consent to disclosure of confidential information.

Question 3

Which of the following are ways of inadvertently violating the rule of client confidentiality?

Accepted Answer

All of these choices are correct ways of inadvertently violating the rule of client confidentiality. Discussing confidential information in public settings such as elevators or allowing conversations to be overheard can lead to breaches. Leaving confidential information visible on a computer screen or leaving a file or document on the desk for others to see can also lead to unauthorized disclosure of confidential information. Therefore, all choices are equally important to be aware of and avoid.

Question 4

Routine paralegal tasks, such as drafting and filing a motion and brief with the court, would involve which of the following ethical responsibilities?

Accepted Answer

Routine paralegal tasks, such as drafting and filing a motion and brief with the court, involve all of the ethical responsibilities of a paralegal, including the duty of confidentiality, the duty of competence, and the attorney's duty of adequate supervision. As such, all of the choices are correct.

Question 5

The legal consequences of violating legal ethical rules include:

Accepted Answer

Violating legal ethical rules can lead to legal liability for attorneys and paralegals, including disciplinary actions, fines, or even disbarment.

Question 6

Never discussing a client's case in a common area (such as a hallway, elevator, cafeteria, or a restaurant) where a conversation might be overheard is a rule of thumb to follow to avoid which of the following?

Accepted Answer

Discussing a client's case in a public area could lead to unauthorized disclosure of confidential information, thus violating the rule of client confidentiality.

Question 7

The ABA Model Rules state which of the following regarding the ethical rule of confidentiality?

Accepted Answer

The ABA Model Rules of Professional Conduct state that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized, or the disclosure is permitted by the rules.

Question 8

Which of the following are the exceptions to the rule of client confidentiality?

Accepted Answer

All the listed options are exceptions to the rule of client confidentiality, where disclosure is permitted or required.

Question 9

Mr.McMillan comes to attorney Robinson's office to file bankruptcy.Mr.McMillan provides attorney Robinson with considerable confidential information regarding his financial position, business dealings, and bank accounts.Attorney Robinson subsequently gives Mr.McMillan's file to his paralegal to use in drafting a bankruptcy petition.This is an example of:

Accepted Answer

The disclosure to the paralegal is impliedly authorized as part of the legal representation process to draft the bankruptcy petition.

Question 10

Organization is the key to ensuring that deadlines and the duty of competence are met.This can be accomplished by which of the following?

Accepted Answer

All of the choices (A, B, and C) are effective ways to ensure organization and timely completion of tasks. Computerized calendaring and tickler systems can help keep track of deadlines and remind the paralegal of upcoming tasks. Manual calendaring and tickler systems can provide a backup in case of technological errors or malfunctions. Checking frequently with the supervising attorney ensures that the paralegal is aware of any new or revised deadlines and can adjust their workflow accordingly.

Question 11

Paralegal Melissa and a client are preparing answers to interrogatories in Melissa's office.The telephone rings, and Melissa answers it.During the conversation, she says, "I am so sorry to hear that you have AIDS, Mr.Thomas.I will give this information to attorney Chase and ask him to call you about revising your will." Melissa hangs up the telephone and resumes work with the client.The client begins asking questions about Mr.Thomas's identity, because the client thinks that he knows Mr.Thomas.This is an example of:

Accepted Answer

Melissa's statement about Mr. Thomas's health condition is a breach of client confidentiality, as she disclosed sensitive information to another client without Mr. Thomas's consent.

Question 12

A client must be able to confide in his or her attorney so that the attorney can best represent the client's interests.This is the:

Accepted Answer

The rationale for the rule of client confidentiality is to ensure that clients can trust their attorneys with sensitive information, enabling effective legal representation.

Question 13

Thomas Timmons, a paralegal, brings a witness into his office for an interview. Thomas leaves a deposition summary and several letters from another client's file on his desk.The witness reads the deposition summary and the letters while
Thomas takes a telephone call during the interview.Thomas has violated the
Ethical rule regarding:

Accepted Answer

Thomas violated the ethical rule of confidentiality by allowing the witness to read documents related to another client's file.

Question 14

Paralegal Jane and legal secretary Allison are eating lunch in a local restaurant that is popular among legal professionals.During lunch they discuss a well-known client's case and his poor financial condition.Their conversation is overheard by a paralegal who works for the bank where the client maintains his
Accounts and loans.This is an example of:

Accepted Answer

A breach of the client confidentiality rule occurs when a lawyer or legal professional discloses confidential client information without the client's consent. In this case, Jane and Allison are discussing a client's case and his poor financial condition without his consent, which is a breach of the client confidentiality rule.

Question 15

According to the text, a good rule of thumb to follow regarding client confidentiality is that:

Accepted Answer

The answer of According to the text, a good rule...

Question 16

The duty of competence can be breached by which of the following actions?

Accepted Answer

All of these choices can potentially result in a breach of the duty of competence. Missing filing deadlines can result in negative consequences for the client, including dismissal of the case. Including incorrect information in a legal document can harm the client's case or even result in legal consequences for the attorney. Inadequate supervision of paralegals can lead to errors or misconduct, which can harm the client and result in disciplinary action against the attorney.

Question 17

Which of the following are the consequences of violating legal ethics?

Accepted Answer

Violating legal ethics can lead to disciplinary proceedings, malpractice lawsuits, and job loss for involved parties.

Question 18

One year after Mrs.Smith's divorce is final, she becomes disenchanted with her property settlement and sues attorney Nelson for legal malpractice.Attorney Nelson uses the information obtained during his representation of Mrs.Smith to defend himself from the legal malpractice action.This is an example of:

Accepted Answer

Attorney Nelson is using confidential client information to defend himself against Mrs. Smith's legal malpractice action, which is generally permissible under the rules of professional conduct.

Question 19

Linda and Karen, both paralegals for the same attorney in a small general practice office, are riding home from work together on the bus.During their ride, they discuss a client who was in the office that day seeking to file for divorce.The client, who works in their building, is someone whom they have known for a long time, and they are shocked.What they don't know is that the client's wife is sitting in the seat behind them.The client's wife learns of the divorce and successfully hides $200,000 from a bank account so that it cannot be located and divided up as part of the property settlement.Once the divorce is final, the client says to his wife, "You must have known that I was planning to divorce you or you wouldn't have been able to hide that money." Without admitting that she hid the money, the client's wife says, "If you're so upset about losing the $200,000, why don't you sue your attorney and those two big mouths who work for him and ride my bus?" Which of the following actions can the client take?

Accepted Answer

The client can seek to have a disciplinary action brought against the attorney for violation of the rule of client confidentiality, bring a malpractice lawsuit against the attorney and his two paralegals, and demand that the attorney pay him the $200,000 and fire his paralegals.

Question 20

Paralegal Samantha discusses confidential client information over the telephone in a reception area where several other clients can hear her.As a result, the client files a grievance with the state bar association and Samantha's supervising
Attorney is disciplined by the state bar.Samantha has breached the rule regarding
Client confidentiality.What other ethical rule is involved in this situation?

Accepted Answer

Samantha's actions involve the ethical rule regarding the responsibilities of supervising attorneys over nonlawyer assistants, as the supervising attorney is responsible for ensuring that nonlawyer staff, like paralegals, adhere to confidentiality rules.

Quiz 3: Ethics and Professional Responsibility