PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Confidentiality Quiz

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Question #1
The attorney-client privilege is:
A.   Broader than the ethics rules on confidentiality
B.   None of these
C.   A rule of evidence law
D.   The same as the ethics rules on confidentiality
Question #2
The attorney-client privilege provides:
A.   The client a qualified privilege not to disclose
B.   The lawyer with an unqualified privilege not to disclose
C.   The lawyer a qualified privilege not to disclosure
D.   The client with an unqualified privilege not to disclose
Question #3
The lawyer’s duty under the privilege is:
A.   To protect the confidential information regardless of what the client says
B.   To waive the privilege as needed
C.   To advise the client of the privilege and to protect the privileged information
D.   None of these
Question #4
The privilege applies in which of the following circumstances?
A.   If the client is seeking any kind of advice
B.   Only if the client is paying a fee
C.   Only after the initial consultation
D.   Only if the client is seeking legal advice
Question #5
Paralegals who work for corporate law departments have to be concerned about what potential issue regarding the privilege?
A.   Being found to work autonomously with the consequence that the privilege does not apply
B.   None of these
C.   Paralegals in corporate law departments are generally unsupervised.
D.   The privilege does not extend to nonlawyer legal service providers like corporate paralegals
Question #6
The privilege can be lost in which of the following circumstances?
A.   The client tells a friend the information that is otherwise protected by the privilege
B.   All of these
C.   A lawyer reveals the information to several people not in the scope of the privilege
D.   The client has a friend in the room while talking to the lawyer on the phone
Question #7
Which of the following kinds of information is normally not protected by the privilege?
A.   The identify of the client if divulging the identity of the client would tend to incriminate them
B.   The whereabouts of a client
C.   The fee arrangement between a California lawyer and client
D.   All of these
Question #8
In which of the following circumstances can an attorney reveal what would otherwise be protected by the privilege?
A.   All of these
B.   The client sues the lawyer for malpractice
C.   The lawyer is prosecuted for a crime related to the representation
D.   The lawyer is charged with ethics violations related to the representation
Question #9
The crime-fraud exception to the privilege generally:
A.   Allows the lawyer to reveal privileged information if the client is planning a crime
B.   None of these
C.   Mandates that the client reveal the protected information
D.   Prohibits the lawyer from revealing any privileged information
Question #10
In some states, the privilege applies in the corporate setting to communications between the lawyer and the people who are responsible for management relating to the issue involved. This test is called the:
A.   Upjohn test
B.   Control group test
C.   Subject matter test
D.   Work product rule
Question #11
In the corporate setting, which of the following is the holder of the privilege?
A.   The lawyer
B.   The chief executive officer of the corporation
C.   The corporation itself
D.   The employee whose testimony is at issue
Question #12
If a court orders a lawyer to provide copies of documents that the lawyer believes to be privileged, the lawyer should:
A.   Contact the judge ex parte to request nondisclosure
B.   Turn them over no matter what because the court has so ordered
C.   Invoke the privilege and argue to protect the privilege
D.   None of these
Question #13
The purpose of the work product rule is:
A.   To guard against lawyers having to redo work
B.   To promote transparency in litigation
C.   To protect the work of lawyers in preparing cases
D.   To ensure that there is open discovery
Question #14
What kind of “work” falls under the work product rule?
A.   Information obtained in answers to interrogatories
B.   Mental Impressions and Information Material
C.   Mental impressions
D.   Informational material
Question #15
The unqualified privilege protects what kind of work product?
A.   Information material
B.   Answers in depositions
C.   Answers to interrogatories
D.   Mental impressions
Question #16
“Mental impressions” include:
A.   Witness statements
B.   Client interviews
C.   Factual research
D.   Legal theories
Question #17
Confidentiality agreements between a law firm and a paralegal employee:
A.   Allow paralegals to assert the privilege in court
B.   Prohibit paralegals from revealing confidential information about clients
C.   Are necessary for the protection of the attorney-client privilege
D.   Are the basis for the rule of confidentiality extending to the paralegal
Question #18
Which of the following technology protections is most likely to be required under the lawyer’s duty of confidentiality?
A.   Firewalls
B.   Anti-virus protection
C.   Encryption
D.   Smart cards
Question #19
What is the result if a lawyer sends a document that contains confidential information in metadata?
A.   The client is protected by the privilege
B.   The client is protected by the work product rule
C.   The lawyer may be breaching confidentiality
D.   The recipient cannot use the metadata
Question #20
What should a lawyer or paralegal do if they receive inadvertently disclosed privileged information?
A.   Refrain from reviewing and notify sender
B.   Refrain from reviewing; notify sender; follow sender’s instructions or go to court for resolution
C.   Go to court to break the privilege
D.   Notify sender

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