Question 1

An attorney or paralegal ______________________. ​

Accepted Answer

An attorney or paralegal can reveal a client confidence if the client gives informed consent. However, attorneys and paralegals have a duty to keep their clients' information confidential unless required by law or authorized by their clients to disclose the information. The Supreme Court doesn't generally give directions to individual attorneys or paralegals. Option A is incorrect because there are situations in which an attorney can be compelled to divulge confidential client information, such as when a client communicates an intent to commit a crime that could cause death or serious bodily harm. Option D is incorrect because attorneys cannot violate their clients' confidentiality for personal gain.

Question 2

When an attorney or paralegal in a law office has a conflict of interest, the whole firm must automatically be disqualified. ​

Accepted Answer

While a conflict of interest for one attorney or paralegal may disqualify them from working on a particular case, it does not necessarily disqualify the entire law firm from representing the client. The firm may be able to properly address and manage the conflict in order to continue representation.

Question 3

The attorney-client privilege _______________. ​

Accepted Answer

C

Question 4

An ethical rule is a ___________________. ​

Accepted Answer

An ethical rule represents the minimal standard of conduct that an attorney must adhere to, ensuring their behavior does not fall below a certain threshold of professionalism and responsibility.

Question 5

Paralegals _____________________. ​

Accepted Answer

Paralegals can draft all legal documents under the supervision of an attorney. They are not authorized to practice law or provide legal advice, but they can assist attorneys in many aspects of legal work, including drafting legal documents such as wills, motions, and briefs.

Question 6

Legal ethics is important because ___________________________. ​

Accepted Answer

All of the above options are correct. Legal ethics impacts the discipline against attorneys, quality of legal services, attorney-client relationship, and can affect a law firm's reputation. Therefore, all of the options are correct.

Question 7

The attorney-client privilege extends to paralegals.

Accepted Answer

The attorney-client privilege extends to paralegals as long as they are working under the supervision and direction of an attorney. This means that any confidential communication made by the client to the paralegal or vice versa is protected by the privilege. However, if the paralegal is working independently or providing legal services directly to a client, the privilege may not apply.

Question 8

Unethical behavior on the part of a paralegal ______________. ​

Accepted Answer

Unethical behavior by a paralegal can lead to serious problems, harm clients, and may result in termination of employment. Paralegals are governed by attorney ethical rules and professional standards, and violating these rules can result in disciplinary action and loss of credibility in the legal community. Therefore, all of the other options are incorrect.

Question 9

A common cause of legal malpractice is poor communication with the client. ​

Accepted Answer

Poor communication with the client can result in misunderstandings and errors, which can lead to legal malpractice claims. It is important for lawyers to keep their clients informed and to listen to their needs and concerns throughout the legal process.

Question 10

National paralegal association codes of ethics are ______________________. ​

Accepted Answer

National paralegal association codes of ethics are not mandator for all paralegals, nor are they enforced by state bar associations, enforceable in a court of law, or enforced by the courts. These codes are guidelines for ethical conduct and professional responsibility, and adherence to them is voluntary.

Question 11

Regarding the unauthorized practice of law, what factors do courts NOT consider when determining if a paralegal was "practicing law"? ​

Accepted Answer

Courts do not consider merely talking to a client without a lawyer present as practicing law.

Question 12

Legal advice may be __________________. ​

Accepted Answer

Legal advice can encompass telling a client what actions they are permitted to take (A) and which ones they are prohibited from (B), answering legal inquiries (C), and advising on what defense or legal arguments to make (D). Therefore, all of the options presented fall within the definition of legal advice.

Question 13

State ethical rules that regulate attorney conduct _________________. ​

Accepted Answer

Ethical rules that regulate attorney conduct do not apply directly to paralegals, but paralegals must adhere to these rules through the supervision of attorneys and their own professional guidelines.

Question 14

Under the ABA Model Rules, a lawyer having direct supervisory authority over a nonlawyer _____________. ​

Accepted Answer

Under the ABA Model Rules, a lawyer with direct supervisory authority over a nonlawyer is required to make reasonable efforts to ensure that the nonlawyer's conduct is compatible with the professional obligations of the lawyer, which includes ensuring their conduct is ethical.

Question 15

Law offices should not send out letters when they have decided to decline to represent a potential client. ​

Accepted Answer

Law offices have a professional responsibility to inform potential clients of their decision to decline representation. Failing to do so could leave the potential client in legal limbo, unaware that they need to seek representation elsewhere.

Question 16

For the attorney-client privilege to be invoked, the communication must be made in confidence for the purpose of obtaining legal advice. ​

Accepted Answer

The communication must be made in confidence and for the purpose of obtaining legal advice for the attorney-client privilege to be invoked.

Question 17

When a client loses confidence in a firm, the client may ______________________. ​

Accepted Answer

When a client loses confidence in a firm, they are likely to take their business elsewhere, which can have both short-term and long-term negative effects on the firm. This is because the immediate loss of business impacts current revenue (short-term effect) and the loss of a client can damage the firm's reputation, potentially leading to a decrease in future clients (long-term effect).

Question 18

Paralegals do not typically experience problems with conflict of interest when switching employment. ​

Accepted Answer

Paralegals can experience conflicts of interest when switching employment, especially if they move from one law firm to another that has a case involving the same client or issue. It is important for paralegals to disclose any potential conflicts of interest before accepting a new job.

Question 19

The ABA Model Rules of Professional Conduct _________________. ​

Accepted Answer

The ABA Model Rules of Professional Conduct are voluntary guidelines for ethical behavior for lawyers. While they are not mandated by any federal authority or the U.S. Supreme Court, many state bar associations choose to adopt them either in whole or in part as their own ethical standards.

Question 20

What type of paralegals are more prone to problems with the unauthorized practice of law? ​

Accepted Answer

Legal technicians, also known as independent paralegals or legal document assistants, are more prone to problems with the unauthorized practice of law because they often provide legal services directly to clients without the supervision of a lawyer. In some states, they may be allowed to perform certain tasks such as filling out legal forms or providing legal information, but they must be careful not to engage in activities that constitute the practice of law without a license.

Quiz 3: Ethics and Malpractice

An attorney or paralegal ______________________. ​

When an attorney or paralegal in a law office has a conflict of interest, the whole firm must automatically be disqualified. ​

The attorney-client privilege _______________. ​

An ethical rule is a ___________________. ​

Paralegals _____________________. ​

Legal ethics is important because ___________________________. ​

The attorney-client privilege extends to paralegals.

Unethical behavior on the part of a paralegal ______________. ​

A common cause of legal malpractice is poor communication with the client. ​

National paralegal association codes of ethics are ______________________. ​

Regarding the unauthorized practice of law, what factors do courts NOT consider when determining if a paralegal was "practicing law"? ​

Legal advice may be __________________. ​

State ethical rules that regulate attorney conduct _________________. ​

Under the ABA Model Rules, a lawyer having direct supervisory authority over a nonlawyer _____________. ​

Law offices should not send out letters when they have decided to decline to represent a potential client. ​

For the attorney-client privilege to be invoked, the communication must be made in confidence for the purpose of obtaining legal advice. ​

When a client loses confidence in a firm, the client may ______________________. ​

Paralegals do not typically experience problems with conflict of interest when switching employment. ​

The ABA Model Rules of Professional Conduct _________________. ​

What type of paralegals are more prone to problems with the unauthorized practice of law? ​

An attorney or paralegal ______________________.

When an attorney or paralegal in a law office has a conflict of interest, the whole firm must automatically be disqualified.

The attorney-client privilege _______________.

An ethical rule is a ___________________.

Paralegals _____________________.

Legal ethics is important because ___________________________.

Unethical behavior on the part of a paralegal ______________.

A common cause of legal malpractice is poor communication with the client.

National paralegal association codes of ethics are ______________________.

Regarding the unauthorized practice of law, what factors do courts NOT consider when determining if a paralegal was "practicing law"?

Legal advice may be __________________.

State ethical rules that regulate attorney conduct _________________.

Under the ABA Model Rules, a lawyer having direct supervisory authority over a nonlawyer _____________.

Law offices should not send out letters when they have decided to decline to represent a potential client.

For the attorney-client privilege to be invoked, the communication must be made in confidence for the purpose of obtaining legal advice.

When a client loses confidence in a firm, the client may ______________________.

Paralegals do not typically experience problems with conflict of interest when switching employment.

The ABA Model Rules of Professional Conduct _________________.

What type of paralegals are more prone to problems with the unauthorized practice of law?