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