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
B.   Confidentiality
C.   Zealous representation
D.   Loyalty and 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 not imputed to others in the firm
C.   The conflict of one person in a firm is imputed to all others in the firm
D.   None of these
Question #3
Simultaneous representation is:
A.   When a lawyer represents two clients whose interests are currently adverse
B.   Only occurs when lawyers or paralegals change jobs
C.   Applies only in litigation
D.   Does not apply to paralegals
Question #4
Clients can consent to simultaneous representation:
A.   With notice and opportunity to be heard
B.   As long as it is not prohibited by law.
C.   None of these
D.   If the lawyer agrees
Question #5
Informed consent:
A.   Requires the lawyer to disclose the facts about the conflict
B.   Requires the lawyer to explain advantages and disadvantages
C.   Requires the lawyers to pose alternatives
D.   All of these
Question #6
Issue or positional conflicts:
A.   Are an ethics violation if one client would be materially impaired
B.   Happen when two clients are adversaries in a lawsuit
C.   Are a strict violation of the ethics rules in most states
D.   Require consent and withdrawal
Question #7
Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties?
A.   Representing passenger and driver in a car accident case
B.   Representing spouses in a dissolution of marriage
C.   Representing two criminal defendants in one case
D.   All of these
Question #8
Which of the following is a concurrent conflict?
A.   The lawyer is representing the buyer and the seller of real estate
B.   The lawyer served as the mediator in the case before it went to litigation
C.   All of these
D.   The lawyer represents a bankrupt company and one of its creditors
Question #9
The rules about conflicts in successive representation:
A.   Disqualify the lawyer if the clients were adversaries in any kind of matter
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.   Cannot be overcome with consent
Question #10
Which of the following groups has been allowed to represent clients in cases of successive representation with screening in place?
A.   Government lawyers
B.   First-year associates
C.   None of these
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 relates to an uncontested matter
B.   The lawyer’s testimony is deemed unnecessary
C.   The lawyer’s testimony is deemed necessary
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.   Under any circumstances
B.   Except for living expenses during litigation
C.   Except for advancing costs of litigation
D.   With a signed promissory note
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 pay a monthly retainer fee
B.   None of these
C.   Agreement to settle a malpractice claim without other counsel’s review
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.   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.   The law firm is sued for malpractice
B.   The lawyer is disciplined by the authorities
C.   The law firm has to disgorge fees
D.   All of these
Question #18
The rules on screens in conflict situations:
A.   Prohibit collection of fees from one of the clients
B.   Disallow continued representation of the two clients
C.   Allow the firm to continue representation
D.   Apply equally to lawyers and paralegals
Question #19
Which of the following is NOT another name for a screen?
A.   Ethical wall
B.   Cone of silence
C.   Confidentiality barrier
Question #20
Which of the following is typically required in order for a screen to be effective?
A.   The paralegal cannot accept any money that came from the client in question
B.   The paralegal has to go on a leave of absence until the case is over
C.   The paralegal signs an agreement vowing not to disclose confidential information about the matter
D.   The paralegal has to move to a branch office
Question #21
In most states, paralegals that have a conflict:
A.   Can be hired or retained if a proper screen is erected and is effective
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.   Are treated the same way as lawyers that have a conflict
Question #22
When should a law firm conduct a conflicts check?
A.   When deciding what candidates to interview for a new position
B.   Only when hiring someone new
C.   At regular intervals, e.g., every week
D.   When it is ready to offer a paralegal a 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.   Try to get consent of the clients involved and establish a screen
C.   Place the person with the conflict on leave immediately
D.   Terminate the employment of the person with the potential conflict
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.   Refuse to provide a list of client matters because this broachers the duty of confidentiality
D.   None of these

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