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

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