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
C.   Confidentiality
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.   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.   Does not apply to paralegals
C.   Only occurs when lawyers or paralegals change jobs
D.   When a lawyer represents two clients whose interests are currently adverse
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.   Require consent and withdrawal
B.   Are an ethics violation if one client would be materially impaired
C.   Are a strict violation of the ethics rules in most states
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 passenger and driver in a car accident case
C.   Representing two criminal defendants in one case
D.   Representing spouses in a dissolution of marriage
Question #8
Which of the following is a concurrent conflict?
A.   The lawyer represents a bankrupt company and one of its creditors
B.   The lawyer is representing the buyer and the seller of real estate
C.   All of these
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.   Prohibit representation if the clients are truly adverse and the past and current matters are substantially related
C.   Are strictly construed because of the threat to the duty of loyalty
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.   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 unnecessary
B.   The lawyer’s testimony is deemed necessary
C.   The lawyer’s testimony is optional at the call of the client
D.   The lawyer’s testimony relates to an uncontested matter
Question #12
A lawyer cannot generally lend money to a client:
A.   With a signed promissory note
B.   Except for living expenses during litigation
C.   Under any circumstances
D.   Except for advancing costs of litigation
Question #13
Lawyers cannot generally accept gifts from clients:
A.   If the lawyer is a probate lawyer
B.   Under any circumstances
C.   If the lawyer drafts the document relating to the gift
D.   If the gift is worth a lot of money
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.   Parents paying for a child’s legal fees
B.   Public defender’s office paying the salary of a public defender
C.   All of these
D.   Any time unless the third party interferes with the representation
Question #16
The principles of vicarious disqualification are based on:
A.   Guarding against confidential information being revealed
B.   The idea that everyone in a law firm has confidential information about all the clients and matters
C.   All of these
D.   Concerns about financial incentives
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 law firm has to disgorge fees
D.   The lawyer is disciplined by the authorities
Question #18
The rules on screens in conflict situations:
A.   Allow the firm to continue representation
B.   Apply equally to lawyers and paralegals
C.   Disallow continued representation of the two clients
D.   Prohibit collection of fees from one of the clients
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 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 go on a leave of absence until the case is over
D.   The paralegal has to move to a branch office
Question #21
In most states, paralegals that have a conflict:
A.   May not be hired or retained under any circumstances
B.   Are treated the same way as lawyers that have a conflict
C.   Are permitted to work for the firm if they sign a confidentiality agreement
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 deciding what candidates to interview for a new position
B.   When it is ready to offer a paralegal a position
C.   At regular intervals, e.g., every week
D.   Only when hiring someone new
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.   Terminate the employment of the person with the potential conflict
C.   Get the person to agree in writing not to reveal any confidential information
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.   None of these
B.   Refuse to provide a list of client matters because this broachers the duty of confidentiality
C.   Offer the list of client matters they have worked on when they send their resume
D.   Provide a record of all the client matters they have worked on at the time of the job offer

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