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.   The same as the ethics rules on confidentiality
C.   None of these
D.   A rule of evidence law
Question #2
The attorney-client privilege provides:
A.   The lawyer with an unqualified privilege not to disclose
B.   The client with an unqualified privilege not to disclose
C.   The lawyer a qualified privilege not to disclosure
D.   The client a qualified privilege not to disclose
Question #3
The lawyer’s duty under the privilege is:
A.   To waive the privilege as needed
B.   To protect the confidential information regardless of what the client says
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.   Only after the initial consultation
B.   Only if the client is seeking legal advice
C.   Only if the client is paying a fee
D.   If the client is seeking any kind of advice
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.   The client has a friend in the room while talking to the lawyer on the phone
B.   A lawyer reveals the information to several people not in the scope of the privilege
C.   All of these
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 whereabouts of a client
B.   All of these
C.   The fee arrangement between a California lawyer and client
D.   The identify of the client if divulging the identity of the client would tend to incriminate them
Question #8
In which of the following circumstances can an attorney reveal what would otherwise be protected by the privilege?
A.   The client sues the lawyer for malpractice
B.   The lawyer is prosecuted for a crime related to the representation
C.   The lawyer is charged with ethics violations related to the representation
D.   All of these
Question #9
The crime-fraud exception to the privilege generally:
A.   None of these
B.   Prohibits the lawyer from revealing any privileged information
C.   Mandates that the client reveal the protected information
D.   Allows the lawyer to reveal privileged information if the client is planning a crime
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.   Control group test
B.   Subject matter test
C.   Upjohn test
D.   Work product rule
Question #11
In the corporate setting, which of the following is the holder of the privilege?
A.   The employee whose testimony is at issue
B.   The chief executive officer of the corporation
C.   The lawyer
D.   The corporation itself
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.   None of these
C.   Turn them over no matter what because the court has so ordered
D.   Invoke the privilege and argue to protect the privilege
Question #13
The purpose of the work product rule is:
A.   To protect the work of lawyers in preparing cases
B.   To ensure that there is open discovery
C.   To promote transparency in litigation
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.   Answers in depositions
B.   Information material
C.   Mental impressions
D.   Answers to interrogatories
Question #16
“Mental impressions” include:
A.   Factual research
B.   Witness statements
C.   Client interviews
D.   Legal theories
Question #17
Confidentiality agreements between a law firm and a paralegal employee:
A.   Prohibit paralegals from revealing confidential information about clients
B.   Are the basis for the rule of confidentiality extending to the paralegal
C.   Are necessary for the protection of the attorney-client privilege
D.   Allow paralegals to assert the privilege in court
Question #18
Which of the following technology protections is most likely to be required under the lawyer’s duty of confidentiality?
A.   Encryption
B.   Smart cards
C.   Firewalls
D.   Anti-virus protection
Question #19
What is the result if a lawyer sends a document that contains confidential information in metadata?
A.   The lawyer may be breaching confidentiality
B.   The client is protected by the privilege
C.   The recipient cannot use the metadata
D.   The client is protected by the work product rule
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.   Notify sender
D.   Go to court to break the privilege

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