PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Conflicts of Interest Quiz

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Question #1
Conflicts of interest are based on what principle or principles of ethics?
A.   Loyalty and confidentiality
B.   Zealous representation
C.   Confidentiality
D.   Loyalty
Question #2
Vicarious disqualification means that:
A.   The conflict of one person in a firm is not imputed to others in the firm
B.   All the lawyer’s conflicts are ascribed to a paralegal
C.   None of these
D.   The conflict of one person in a firm is imputed to all others in the firm
Question #3
Simultaneous representation is:
A.   Applies only in litigation
B.   When a lawyer represents two clients whose interests are currently adverse
C.   Does not apply to paralegals
D.   Only occurs when lawyers or paralegals change jobs
Question #4
Clients can consent to simultaneous representation:
A.   With notice and opportunity to be heard
B.   None of these
C.   If the lawyer agrees
D.   As long as it is not prohibited by law.
Question #5
Informed consent:
A.   Requires the lawyer to disclose the facts about the conflict
B.   Requires the lawyers to pose alternatives
C.   All of these
D.   Requires the lawyer to explain advantages and disadvantages
Question #6
Issue or positional conflicts:
A.   Are a strict violation of the ethics rules in most states
B.   Are an ethics violation if one client would be materially impaired
C.   Require consent and withdrawal
D.   Happen when two clients are adversaries in a lawsuit
Question #7
Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties?
A.   All of these
B.   Representing spouses in a dissolution of marriage
C.   Representing passenger and driver in a car accident case
D.   Representing two criminal defendants in one case
Question #8
Which of the following is a concurrent conflict?
A.   All of these
B.   The lawyer represents a bankrupt company and one of its creditors
C.   The lawyer is representing the buyer and the seller of real estate
D.   The lawyer served as the mediator in the case before it went to litigation
Question #9
The rules about conflicts in successive representation:
A.   Cannot be overcome with consent
B.   Are strictly construed because of the threat to the duty of loyalty
C.   Prohibit representation if the clients are truly adverse and the past and current matters are substantially related
D.   Disqualify the lawyer if the clients were adversaries in any kind of matter
Question #10
Which of the following groups has been allowed to represent clients in cases of successive representation with screening in place?
A.   Lateral partners
B.   None of these
C.   Government lawyers
D.   First-year associates
Question #11
A lawyer cannot take a case where he/she is likely to be a witness if:
A.   The lawyer’s testimony is deemed necessary
B.   The lawyer’s testimony relates to an uncontested matter
C.   The lawyer’s testimony is deemed unnecessary
D.   The lawyer’s testimony is optional at the call of the client
Question #12
A lawyer cannot generally lend money to a client:
A.   Except for advancing costs of litigation
B.   With a signed promissory note
C.   Except for living expenses during litigation
D.   Under any circumstances
Question #13
Lawyers cannot generally accept gifts from clients:
A.   Under any circumstances
B.   If the lawyer is a probate lawyer
C.   If the gift is worth a lot of money
D.   If the lawyer drafts the document relating to the gift
Question #14
Lawyers are permitted to get clients to sign which of the following kinds of agreements?
A.   Agreement to settle a malpractice claim without other counsel’s review
B.   Agreement to waive the right to sue the lawyer
C.   None of these
D.   Agreement to pay a monthly retainer fee
Question #15
Third-party payment of legal fees is allowed in which of the following cases:
A.   Public defender’s office paying the salary of a public defender
B.   All of these
C.   Parents paying for a child’s legal fees
D.   Any time unless the third party interferes with the representation
Question #16
The principles of vicarious disqualification are based on:
A.   Concerns about financial incentives
B.   The idea that everyone in a law firm has confidential information about all the clients and matters
C.   Guarding against confidential information being revealed
D.   All of these
Question #17
If a law firm does not honor the rules on conflicts of interest, which of the following can happen?
A.   The law firm is sued for malpractice
B.   All of these
C.   The lawyer is disciplined by the authorities
D.   The law firm has to disgorge fees
Question #18
The rules on screens in conflict situations:
A.   Disallow continued representation of the two clients
B.   Apply equally to lawyers and paralegals
C.   Allow the firm to continue representation
D.   Prohibit collection of fees from one of the clients
Question #19
Which of the following is NOT another name for a screen?
A.   Cone of silence
B.   Confidentiality barrier
C.   Ethical wall
Question #20
Which of the following is typically required in order for a screen to be effective?
A.   The paralegal signs an agreement vowing not to disclose confidential information about the matter
B.   The paralegal has to go on a leave of absence until the case is over
C.   The paralegal cannot accept any money that came from the client in question
D.   The paralegal has to move to a branch office
Question #21
In most states, paralegals that have a conflict:
A.   Are permitted to work for the firm if they sign a confidentiality agreement
B.   Can be hired or retained if a proper screen is erected and is effective
C.   Are treated the same way as lawyers that have a conflict
D.   May not be hired or retained under any circumstances
Question #22
When should a law firm conduct a conflicts check?
A.   At regular intervals, e.g., every week
B.   Only when hiring someone new
C.   When it is ready to offer a paralegal a position
D.   When deciding what candidates to interview for a new position
Question #23
When a firm conducts a conflicts check and discovers a potential conflict, what course of action should it take?
A.   Get the person to agree in writing not to reveal any confidential information
B.   Place the person with the conflict on leave immediately
C.   Terminate the employment of the person with the potential conflict
D.   Try to get consent of the clients involved and establish a screen
Question #24
Paralegals looking for work should be prepared to do which of the following?
A.   Offer the list of client matters they have worked on when they send their resume
B.   Provide a record of all the client matters they have worked on at the time of the job offer
C.   None of these
D.   Refuse to provide a list of client matters because this broachers the duty of confidentiality

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