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.   Zealous representation
B.   Loyalty and confidentiality
C.   Confidentiality
D.   Loyalty
Question #2
Vicarious disqualification means that:
A.   None of these
B.   The conflict of one person in a firm is imputed to all others in the firm
C.   The conflict of one person in a firm is not imputed to others in the firm
D.   All the lawyer’s conflicts are ascribed to a paralegal
Question #3
Simultaneous representation is:
A.   Applies only in litigation
B.   Only occurs when lawyers or paralegals change jobs
C.   When a lawyer represents two clients whose interests are currently adverse
D.   Does not apply to paralegals
Question #4
Clients can consent to simultaneous representation:
A.   If the lawyer agrees
B.   None of these
C.   As long as it is not prohibited by law.
D.   With notice and opportunity to be heard
Question #5
Informed consent:
A.   Requires the lawyer to disclose the facts about the conflict
B.   All of these
C.   Requires the lawyer to explain advantages and disadvantages
D.   Requires the lawyers to pose alternatives
Question #6
Issue or positional conflicts:
A.   Require consent and withdrawal
B.   Happen when two clients are adversaries in a lawsuit
C.   Are a strict violation of the ethics rules in most states
D.   Are an ethics violation if one client would be materially impaired
Question #7
Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties?
A.   Representing two criminal defendants in one case
B.   Representing spouses in a dissolution of marriage
C.   All of these
D.   Representing passenger and driver in a car accident case
Question #8
Which of the following is a concurrent conflict?
A.   The lawyer is representing the buyer and the seller of real estate
B.   All of these
C.   The lawyer represents a bankrupt company and one of its creditors
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.   Disqualify the lawyer if the clients were adversaries in any kind of matter
B.   Cannot be overcome with consent
C.   Prohibit representation if the clients are truly adverse and the past and current matters are substantially related
D.   Are strictly construed because of the threat to the duty of loyalty
Question #10
Which of the following groups has been allowed to represent clients in cases of successive representation with screening in place?
A.   First-year associates
B.   None of these
C.   Government lawyers
D.   Lateral partners
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 living expenses during litigation
B.   Except for advancing costs of litigation
C.   Under any circumstances
D.   With a signed promissory note
Question #13
Lawyers cannot generally accept gifts from clients:
A.   Under any circumstances
B.   If the lawyer drafts the document relating to the gift
C.   If the gift is worth a lot of money
D.   If the lawyer is a probate lawyer
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 pay a monthly retainer fee
C.   None of these
D.   Agreement to waive the right to sue the lawyer
Question #15
Third-party payment of legal fees is allowed in which of the following cases:
A.   Any time unless the third party interferes with the representation
B.   Public defender’s office paying the salary of a public defender
C.   All of these
D.   Parents paying for a child’s legal fees
Question #16
The principles of vicarious disqualification are based on:
A.   Guarding against confidential information being revealed
B.   All of these
C.   Concerns about financial incentives
D.   The idea that everyone in a law firm has confidential information about all the clients and matters
Question #17
If a law firm does not honor the rules on conflicts of interest, which of the following can happen?
A.   All of these
B.   The law firm is sued for malpractice
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.   Prohibit collection of fees from one of the clients
B.   Apply equally to lawyers and paralegals
C.   Disallow continued representation of the two clients
D.   Allow the firm to continue representation
Question #19
Which of the following is NOT another name for a screen?
A.   Cone of silence
B.   Ethical wall
C.   Confidentiality barrier
Question #20
Which of the following is typically required in order for a screen to be effective?
A.   The paralegal has to move to a branch office
B.   The paralegal signs an agreement vowing not to disclose confidential information about the matter
C.   The paralegal cannot accept any money that came from the client in question
D.   The paralegal has to go on a leave of absence until the case is over
Question #21
In most states, paralegals that have a conflict:
A.   Are treated the same way as lawyers that have a conflict
B.   Are permitted to work for the firm if they sign a confidentiality agreement
C.   May not be hired or retained under any circumstances
D.   Can be hired or retained if a proper screen is erected and is effective
Question #22
When should a law firm conduct a conflicts check?
A.   When it is ready to offer a paralegal a position
B.   At regular intervals, e.g., every week
C.   Only when hiring someone new
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.   Place the person with the conflict on leave immediately
B.   Get the person to agree in writing not to reveal any confidential information
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.   Provide a record of all the client matters they have worked on at the time of the job offer
B.   Offer the list of client matters they have worked on when they send their resume
C.   Refuse to provide a list of client matters because this broachers the duty of confidentiality
D.   None of these

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