Question 1

Consequences of violating legal ethics can include which of the following?

Accepted Answer

Violating legal ethics can lead to disciplinary proceedings against the attorney, malpractice lawsuits against the attorney, paralegal, and other members of the firm, and a paralegal losing his or her job. These are all potential consequences of such violations.

Question 2

Paralegal Susan arrives at her office at 9:00 A.M. Every morning when arriving in the office, Susan normally checks her personal calendar for the day's court filing deadlines. Today, however, the secretary is out sick and Susan must answer the phones and serve as the word processor for her. Susan forgets to check her calendar until the end of the day. As a result, she fails to file an important document with the court on behalf of her supervising attorney. Which ethical rule has been breached?

Accepted Answer

Susan breached the duty of competence by failing to file an important document with the court on behalf of her supervising attorney due to not checking her calendar for the day's court filing deadlines. This oversight directly impacts her ability to competently perform her duties.

Question 3

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

Accepted Answer

Linda and Karen, by discussing the client's confidential information in a public setting, breached the rule of client confidentiality. This breach could lead to disciplinary action against the attorney, as they were acting within the scope of their employment. The client could also argue that this breach of confidentiality led to a direct financial loss, potentially supporting a malpractice lawsuit against the attorney and the paralegals. Lastly, the client could demand compensation for the loss and the termination of the paralegals for their role in the breach.

Question 4

Never discussing a client's case in a common area (such as a hallway, an elevator, a 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 common area where the conversation might be overheard violates the rule of client confidentiality, as it risks exposing sensitive information to unauthorized individuals.

Question 5

States that exempt threats of death or serious injury from the attorney-client privilege include which of the following?

Accepted Answer

All of these states have provisions in their laws or legal ethics rules that allow or require attorneys to breach confidentiality if they believe there is an imminent risk of death or serious bodily harm, reflecting a common exception to the attorney-client privilege aimed at preventing harm.

Question 6

Attorney Morriss is representing Mr. Meiners in a case involving the kidnapping of Mr. Meiners's two dogs. During one of their conversations, Mr. Meiners reveals that he is planning to murder the key suspect in the kidnapping. Attorney Morriss notifies the police. Attorney Morriss is guilty of

Accepted Answer

Attorney Morriss is not guilty of breaching confidentiality because there is an exception to the duty of confidentiality when a client reveals plans to commit a crime that could result in death or substantial bodily harm.

Question 7

Methods for obtaining adequate attorney supervision include which of the following?

Accepted Answer

All the options listed are practical methods for ensuring adequate supervision by an attorney. They involve direct communication, seeking feedback, self-initiated reminders for feedback, and ensuring documents are reviewed before signing, all of which contribute to effective supervision.

Question 8

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 these methods—computerized and manual calendaring and tickler systems, along with regularly checking in with the supervising attorney—contribute to organizational strategies that help in meeting deadlines and maintaining the duty of competence.

Question 9

Which of the following states does not exempt threats of death or serious injury from the attorney-client privilege?

Accepted Answer

The attorney-client privilege generally allows for confidentiality of communications between attorneys and their clients. However, most jurisdictions have an exception for threats of death or serious injury, meaning if a client tells an attorney they plan to harm someone, the attorney may have a duty to report it. The question implies that all listed states do not have an exemption for threats of death or serious injury, which is incorrect. Attorney-client privilege rules and their exceptions, including for threats of death or serious injury, can vary by state, but the question does not accurately reflect the specific laws of Texas, Montana, or Alabama. Therefore, without specific evidence to the contrary, it's reasonable to conclude that the statement applies to none of the choices provided, making D the correct answer.

Question 10

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

Accepted Answer

All of the options listed (A through D) describe scenarios where client confidentiality could be inadvertently breached. Discussing confidential information in public spaces, allowing conversations to be overheard, leaving information visible on screens, and leaving sensitive documents unsecured can all lead to unauthorized disclosure of client information.

Question 11

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 which of the following

Accepted Answer

An attorney's sharing of confidential client information with a paralegal or other law office staff for the purpose of assisting in the client's legal matter is generally considered an impliedly authorized disclosure, as it is necessary for the provision of legal services.

Question 12

The_______ is a rule of evidence requiring that confidential communications between an attorney and client relating to their professional relationship be kept confidential.

Accepted Answer

The attorney-client privilege is the correct term for the rule of evidence that mandates keeping confidential communications between an attorney and their client secret, as long as they pertain to their professional relationship.

Question 13

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 14

States that exempt threats of death or serious injury from the attorney-client privilege include which of the following?

Accepted Answer

All of these states, Texas, Vermont, and Alabama, have provisions in their laws or legal ethics rules that allow or require attorneys to breach confidentiality if a client's behavior involves threats of death or serious bodily harm, indicating that they exempt such threats from the attorney-client privilege to some extent. This is generally in line with the broader legal and ethical principle that prioritizes preventing harm to others over maintaining confidentiality.

Question 15

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 inadvertently disclosed confidential information about Mr. Thomas's health condition to another client, which is a breach of client confidentiality.

Question 16

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

Accepted Answer

All the options listed are recognized exceptions to the rule of client confidentiality. Client consent (A), implied authorization (B), intent to perform a harmful act (C), and defending against a client's legal action (D) are all circumstances under which a professional may disclose confidential information without breaching their duty of confidentiality.

Question 17

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

Accepted Answer

All of these actions—missing filing deadlines, including incorrect information in legal documents, and inadequate supervision of paralegals—can breach the duty of competence, as they all demonstrate a failure to act with the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Question 18

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, attorney Nelson is to "go ahead and tell him that she is." This is an example of which of the following?

Accepted Answer

Mrs. Jones explicitly gives attorney Nelson permission to disclose to her husband that she is seeking a divorce, which is a clear example of a client consenting to the disclosure of confidential information.

Question 19

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 has violated the ethical rule regarding confidentiality by leaving sensitive documents from another client's file exposed, allowing the witness to read them. This action breaches the duty to protect client information.

Question 20

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 which of the following?

Accepted Answer

Discussing a client's case and financial condition in a public setting where it can be overheard by others constitutes a breach of the client confidentiality rule.

Quiz 4: Ethics and Professional Responsibility

Consequences of violating legal ethics can include which of the following?

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

States that exempt threats of death or serious injury from the attorney-client privilege include which of the following?

Attorney Morriss is representing Mr. Meiners in a case involving the kidnapping of Mr. Meiners's two dogs. During one of their conversations, Mr. Meiners reveals that he is planning to murder the key suspect in the kidnapping. Attorney Morriss notifies the police. Attorney Morriss is guilty of

Methods for obtaining adequate attorney supervision include which of the following?

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

Which of the following states does not exempt threats of death or serious injury from the attorney-client privilege?

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

The_______ is a rule of evidence requiring that confidential communications between an attorney and client relating to their professional relationship be kept confidential.

States that exempt threats of death or serious injury from the attorney-client privilege include which of the following?

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

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