Question 1

If your professor for this class is an attorney, then
A)the fact you are a student creates an attorney client relationship with the professor.
B)all discussions with your instructor are subject to attorney client privilege.
C)all your legal problems this semester will be handled by the University without any additional tuition or fees.
D)none of the above

Accepted Answer

Being a student in a class taught by an attorney does not establish an attorney-client relationship. Attorney-client privilege applies to clients seeking legal advice, not to students in an educational setting. Additionally, the university handling legal problems without additional fees is not related to the professor's status as an attorney.

Question 2

Which of the following types of conduct, if done by an attorney, would likely result in professional disciplinary action?
A)conviction for tax evasion
B)public drunkenness
C)reckless driving
D)traffic ticket for speeding in which another vehicle was damaged

Accepted Answer

Conviction for tax evasion is a serious crime that reflects adversely on an attorney's honesty, trustworthiness, or fitness as a lawyer in other respects, likely resulting in professional disciplinary action. Public drunkenness, reckless driving, and a traffic ticket for speeding, while not commendable, do not necessarily reflect on an attorney's ability to practice law unless they are part of a pattern of behavior indicating unfitness for the practice of law.

Question 3

Which of the following would be an unethical action by an attorney at law?
A)offering legal services through prepaid insurance
B)agreeing to be paid contingent on the client's recovery of damages in a defamation action
C)receiving payment from another attorney solely in exchange for the referral of clients
D)receiving a fee from a client that is determined to be below the amount required by the federal minimum wage law

Accepted Answer

Receiving payment from another attorney solely in exchange for the referral of clients is considered unethical because it can compromise the attorney's judgment and the client's best interest, potentially violating rules against fee splitting and conflicts of interest.

Question 4

In most states, to practice law a person must
A)pass a test to determine historical drug use.
B)pass a psychological fitness test.
C)pass a state bar examination.
D)all of the above

Accepted Answer

In most states, to practice law, a person must pass a state bar examination. This is a comprehensive test that assesses a candidate's understanding of legal principles and their ability to apply them. Other options like historical drug use tests or psychological fitness tests are not standard requirements for practicing law.

Question 5

In the United States, the loser of a lawsuit generally must pay
A)the winner's attorney fees.
B)only his or her own attorney fees, unless otherwise agreed to by contract or required by statute.
C)neither, attorney fees are paid by city government for all civil lawsuits.
D)the judge's prorated salary.

Accepted Answer

In the United States, the general rule (known as the "American Rule") is that each party in a lawsuit pays their own attorney fees, unless there is a contract or a statute that provides otherwise. This contrasts with the "English Rule," where the loser pays the winner's attorney fees.

Question 6

Which of the following is not usually a requirement to practice law?
A)membership in the American Bar Association
B)passing a state bar examination
C)taking an oath concerning ethical behavior
D)demonstration of good moral character

Accepted Answer

Membership in the American Bar Association is not usually a requirement to practice law. The key requirements typically include passing a state bar examination, taking an oath concerning ethical behavior, and demonstrating good moral character.

Question 7

Which of the following is considered an attribute of arbitration?
A)It is usually somewhat less formal than litigation.
B)It is private.
C)It is usually less expensive.
D)all of the above

Accepted Answer

Arbitration is known for being less formal than litigation, offering privacy to the parties involved, and generally being less expensive, making all of the listed options correct attributes of arbitration.

Question 8

An attorney may terminate his or her employment relationship with a client for any reasonable cause. All of the following are actions an attorney must then take, except
A)return earned fees.
B)return the client's papers and money held in trust.
C)obtain permission of the court if litigation has begun.
D)give reasonable notice to the client.

Accepted Answer

Returning earned fees is not required upon termination of the attorney-client relationship because earned fees are compensation for services already rendered by the attorney.

Question 9

Acting in propria persona is
A)refusing to pay an attorney the agreed proper fee.
B)representing one's self in a court proceeding.
C)a Latin phrase meaning "fiduciary responsibility."
D)presenting a case without using proper persons as witnesses.

Accepted Answer

Acting in propria persona means representing oneself in a court proceeding, without the representation of a lawyer.

Question 10

Which of the following describes neutral expert fact-finding?
A)discovery procedures
B)a voluntary process in which both parties agree to an informal trial
C)a nonbinding voluntary process in which each party agrees to allow an appointed third party to investigate, or to hear facts on selected issues, and to make findings of fact.
D)an involuntary process in which litigants meet with a judge (other than the one who will hear the case)prior to the trial to hear the judge's opinion of the merits of their case

Accepted Answer

Neutral expert fact-finding is a nonbinding, voluntary process where both parties agree to let a third party investigate or hear facts on specific issues and make findings of fact. This process is distinct from formal discovery, informal trials, or pre-trial meetings with a judge.

Question 11

An arbitrator must be
A)a lawyer.
B)a member of the American Arbitration Association.
C)agreed on by the parties.
D)all of the above

Accepted Answer

An arbitrator must be agreed on by the parties involved in the dispute. There is no requirement for the arbitrator to be a lawyer or a member of the American Arbitration Association.

Question 12

Negligence by an attorney in handling his or her client's case is called
A)fraud.
B)champerty.
C)maintenance.
D)malpractice.

Accepted Answer

Negligence by an attorney in handling a client's case is referred to as malpractice. This term specifically applies to professional misconduct or failure to exercise adequate skill, resulting in harm to the client.

Question 13

Depending upon the case, attorneys may charge for their services in which of the ways?
A)hourly rate
B)flat fee for the matter involved
C)share in the net recovery, if any
D)any of the above

Accepted Answer

Attorneys may charge for their services in various ways depending on the case, including an hourly rate, a flat fee for the matter involved, or a share in the net recovery (contingency fee).

Question 14

Lawyers' fees are
A)extensively regulated by the state.
B)extensively regulated by the federal government.
C)subject to negotiation by the client and attorney.
D)set by the court in most cases.

Accepted Answer

Lawyers' fees are not extensively regulated by the state or federal government, nor are they typically set by the court in most cases. Instead, they are usually subject to negotiation between the client and the attorney, allowing for flexibility based on the nature of the legal work, the expertise of the lawyer, and the client's ability to pay.

Question 15

Which of the following is a goal of alternative dispute resolution (ADR)?
A)to reduce court congestion as well as avoid undue cost and delay
B)to enhance community involvement in the dispute resolution process
C)to facilitate access to traditional systems of providing justice
D)all of the above

Accepted Answer

The answer of Which of the following is a goal...

Question 16

Which of the following best describes the attorney-client privilege?
A)An attorney cannot be compelled to, nor volunteer to, reveal confidential communications made by the client to the attorney.
B)A client cannot be compelled to testify against him or herself.
C)Every person has a constitutional right to the services of an attorney, and if he or she cannot afford the attorney the court must provide a publicly paid one for the person.
D)Neither an attorney nor a client can be compelled to testify against the other.

Accepted Answer

Attorney-client privilege specifically protects confidential communications between a client and their attorney from being disclosed without the client's consent. This privilege is designed to encourage open and honest communication between clients and their legal counsel.

Question 17

Frequently, non-lawyers perform many tasks under the supervision of attorneys. Which of the following functions can a non-lawyer perform without creating the risk of practicing without a license?
A)agreeing on behalf of the law firm to represent a new client on a particular case
B)determining whether a lawsuit should be filed
C)informing the client of the latest events in the client's case
D)advising the client which legal theories they should pursue

Accepted Answer

Non-lawyers can inform clients about the latest events in their case as this involves sharing factual updates rather than providing legal advice or making legal decisions. Tasks like agreeing to represent a client, deciding on filing lawsuits, or advising on legal theories involve legal judgment and decision-making, which are reserved for licensed attorneys.

Question 18

Which of the following is a commonly accepted attribute of a profession?
A)some examination or internship to assure competence.
B)position based on status or birthright
C)contempt for written rules of ethics.
D)fee schedules fixed by statute

Accepted Answer

Professions typically require some form of examination or practical experience, such as an internship, to ensure that individuals possess the necessary competence. This is a key attribute distinguishing professions from other types of occupations.

Question 19

There are various types of alternative dispute resolution (ADR). The most common type mentioned below is
A)mediation.
B)pleading.
C)small-claims courts.
D)private judging.

Accepted Answer

Mediation is a common form of alternative dispute resolution (ADR) where a neutral third party helps disputing parties find a mutually acceptable solution.

Question 20

If an attorney allocates time to pro bono publico service, she or he
A)counsels clients who are referred by other professionals.
B)provides some legal services free of charge to indigent clients.
C)works for the government or as a professor at a university or college.
D)provides all services for a set standard fee.

Accepted Answer

Pro bono publico service refers to professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is commonly associated with legal work provided free of charge to those who are unable to afford legal representation.

Quiz 4: Attorney-Client Relationship and Dispute Resolution

If your professor for this class is an attorney, then

Which of the following types of conduct, if done by an attorney, would likely result in professional disciplinary action?

Which of the following would be an unethical action by an attorney at law?

In most states, to practice law a person must

In the United States, the loser of a lawsuit generally must pay

Which of the following is not usually a requirement to practice law?

Which of the following is considered an attribute of arbitration?

An attorney may terminate his or her employment relationship with a client for any reasonable cause. All of the following are actions an attorney must then take, except

Acting in propria persona is

Which of the following describes neutral expert fact-finding?

An arbitrator must be

Negligence by an attorney in handling his or her client's case is called

Depending upon the case, attorneys may charge for their services in which of the ways?

Lawyers' fees are

Which of the following is a goal of alternative dispute resolution (ADR) ?

Which of the following best describes the attorney-client privilege?

Frequently, non-lawyers perform many tasks under the supervision of attorneys. Which of the following functions can a non-lawyer perform without creating the risk of practicing without a license?

Which of the following is a commonly accepted attribute of a profession?

There are various types of alternative dispute resolution (ADR) . The most common type mentioned below is

If an attorney allocates time to pro bono publico service, she or he