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.   Loyalty
C.   Zealous representation
D.   Confidentiality
Question #2
Vicarious disqualification means that:
A.   All the lawyer’s conflicts are ascribed to a paralegal
B.   The conflict of one person in a firm is imputed to all others in the firm
C.   None of these
D.   The conflict of one person in a firm is not imputed to others in the firm
Question #3
Simultaneous representation is:
A.   When a lawyer represents two clients whose interests are currently adverse
B.   Does not apply to paralegals
C.   Only occurs when lawyers or paralegals change jobs
D.   Applies only in litigation
Question #4
Clients can consent to simultaneous representation:
A.   If the lawyer agrees
B.   With notice and opportunity to be heard
C.   As long as it is not prohibited by law.
D.   None of these
Question #5
Informed consent:
A.   All of these
B.   Requires the lawyers to pose alternatives
C.   Requires the lawyer to disclose the facts about the conflict
D.   Requires the lawyer to explain advantages and disadvantages
Question #6
Issue or positional conflicts:
A.   Happen when two clients are adversaries in a lawsuit
B.   Are a strict violation of the ethics rules in most states
C.   Require consent and withdrawal
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 spouses in a dissolution of marriage
B.   Representing two criminal defendants in one case
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.   All of these
B.   The lawyer is representing the buyer and the seller of real estate
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.   Are strictly construed because of the threat to the duty of loyalty
B.   Prohibit representation if the clients are truly adverse and the past and current matters are substantially related
C.   Cannot be overcome with consent
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.   Government lawyers
C.   None of these
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 is optional at the call of the client
C.   The lawyer’s testimony relates to an uncontested matter
D.   The lawyer’s testimony is deemed unnecessary
Question #12
A lawyer cannot generally lend money to a client:
A.   Under any circumstances
B.   With a signed promissory note
C.   Except for living expenses during litigation
D.   Except for advancing costs of litigation
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 pay a monthly retainer fee
B.   Agreement to settle a malpractice claim without other counsel’s review
C.   Agreement to waive the right to sue the lawyer
D.   None of these
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.   Parents paying for a child’s legal fees
C.   Public defender’s office paying the salary of a public defender
D.   All of these
Question #16
The principles of vicarious disqualification are based on:
A.   The idea that everyone in a law firm has confidential information about all the clients and matters
B.   Guarding against confidential information being revealed
C.   Concerns about financial incentives
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.   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.   Apply equally to lawyers and paralegals
B.   Prohibit collection of fees from one of the clients
C.   Allow the firm to continue representation
D.   Disallow continued representation of the two clients
Question #19
Which of the following is NOT another name for a screen?
A.   Confidentiality barrier
B.   Cone of silence
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 cannot accept any money that came from the client in question
C.   The paralegal has to move to a branch office
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.   Can be hired or retained if a proper screen is erected and is effective
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.   When it is ready to offer a paralegal a position
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.   Try to get consent of the clients involved and establish a screen
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.   Place the person with the conflict on leave immediately
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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