PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Midterm Exam Part 1
Need help with your exam preparation?
Get Answers to this exam for $6 USD.
Get Answers to all exams in [ PLGL 142 - Law Office Procedures and Ethics ] course for $25 USD.
Existing Quiz Clients Login here
Question #1
As described in Chapter 1, an “integrated” bar is:
A.
A state bar in which membership is compulsory
B.
A state bar in which membership is voluntary
C.
A state bar that is run jointly by the executive and judicial branch.
D.
A state bar that includes all racial-ethnic groups
Question #2
Ethics opinions of the ABA, state and local bars are:
A.
Binding on lawyers
B.
Binding on paralegals
C.
Advisory only
D.
Upheld by the courts
Question #3
Historically, the legal profession is regulated at what level of government?
A.
State
B.
Federal and state
C.
Federal
D.
County
Question #4
Legal malpractice:
A.
Is the intentional improper conduct of a legal professional in the performance of duties
B.
Is a method that a court may use to sanction a lawyer when the lawyer engages in misconduct during court proceedings while representing a client.
C.
Is the improper conduct in the performance of duties by a legal professional, whether intentional or negligent
D.
Is a form of criminal prosecution for lawyer misconduct when the misconduct is severe and egregious
Question #5
The usual sanctions that disciplinary authorities may impose on lawyers for misconduct are, in order of seriousness from least to most serious:
A.
Probation, disbarment, suspension.
B.
Reprimand, suspension, disbarment
C.
Suspension, reproval, disbarment
D.
Disbarment, suspension, reprimand
Question #6
Which branch of government regulates the legal profession?
A.
Executive
B.
Legislative
C.
All of these
D.
Judicial
Question #7
Which of the following is NOT taken into account when a lawyer is being sanctioned?
A.
The lawyer’s educational credentials, including the law school attended
B.
The lawyer’s reputation and contributions to the community
C.
The extent to which the lawyer cooperated in the investigation
D.
The circumstances surrounding the offense.
Question #8
Which of the following titles is not used interchangeably with the others?
A.
Attorney assistant
B.
Legal technician
C.
Legal assistant
D.
Paralegal
Question #9
Which of the following terms is defined as: Mandatory form of regulation in which a government agency grants permission to engage in an occupation and to use a title?
A.
Limited licensing
B.
Licensing
C.
None of these
D.
Certification
Question #10
As a general rule,
A.
Paralegals can sign pleadings if they are certified
B.
Paralegals do not usually have much to do with pleadings
C.
Paralegals should not sign pleadings for the lawyer
D.
Paralegals can sign pleadings on behalf of the lawyer
Question #11
Courts have generally held that nonlawyers can do the following tasks without practicing law except one. Which one?
A.
Provide self-help materials to customers
B.
Help the customer decide what to put on a form
C.
Tell the customer where the court house is
D.
Fill in forms at the customer’s instructions
Question #12
Customers who get help from nonlawyer legal service providers:
A.
are protected so long as the paralegal is certified
B.
are fully protected by the attorney-client privilege
C.
have limited protection from the privilege
D.
are not protected by the attorney-client privilege
Question #13
Legal document assistants or preparers are not engaged in the practice of law because:
A.
They do not give legal advice or represent people in court
B.
They are authorized by statute or court rule to give legal advice
C.
They are serving an under-represented group of persons
D.
They are certified by the state
Question #14
Nonlawyers can be authorized to advise clients if:
A.
The client signs a disclaimer stating that he/she understands that the provider is not a lawyer
B.
The provider is a Legal Document Assistant in a state like California that regulates LDAs
C.
None of these
D.
The client gives the person a power of attorney
Question #15
Under most state ethics codes or statutes, a lawyer’s duty to supervise nonlawyer employees includes what obligation?
A.
To refrain from aiding in UPL
B.
To run a background check when hiring
C.
To conduct regular ethics training
D.
To meet with the employee daily to review work
Question #16
Which is the following does NOT constitute giving legal advice?
A.
Interpreting a case for a client
B.
Updating a client about the status of his/her case
C.
Outlining a client’s rights
D.
Recommending a course of conduct to a client
Question #17
Which of the following acts is most likely to be found unethical as UPL?
A.
A paralegal signing a cover letter enclosing legal documents
B.
A paralegal carrying business cards with his/her title and firm name.
C.
A paralegal having her/his name on the firm letterhead
D.
A paralegal signing a letter that contains legal advice
Question #18
Which the following statements about paralegals and depositions is true?
A.
A paralegal cannot be prosecuted for UPL for taking a deposition.
B.
Paralegals can attend depositions with the lawyer present to take notes, to assist and to observe
C.
Paralegals do not usually work in litigation so rarely get involved in depositions
D.
Paralegals are prohibited from preparing clients for depositions
Question #19
Confidentiality agreements between a law firm and a paralegal employee:
A.
Are the basis for the rule of confidentiality extending to the paralegal
B.
Prohibit paralegals from revealing confidential information about clients
C.
Allow paralegals to assert the privilege in court
D.
Are necessary for the protection of the attorney-client privilege
Question #20
The attorney-client privilege is:
A.
None of these
B.
The same as the ethics rules on confidentiality
C.
A rule of evidence law
D.
Broader than the ethics rules on confidentiality
Question #21
If a court orders a lawyer to provide copies of documents that the lawyer believes to be privileged, the lawyer should:
A.
Turn them over no matter what because the court has so ordered
B.
Contact the judge ex parte to request nondisclosure
C.
None of these
D.
Invoke the privilege and argue to protect the privilege
Question #22
In which of the following circumstances can an attorney reveal what would otherwise be protected by the attorney-client privilege?
A.
The lawyer is charged with ethics violations related to the representation
B.
All of these
C.
The lawyer is prosecuted for a crime related to the representation
D.
The client sues the lawyer for malpractice
Question #23
Lawyers and paralegals can blog and post to social media so long as they:
A.
Use fake names to protect the identity of clients
B.
Do not post confidential client information
C.
Do it anonymously
D.
Use only the law firm blog or Facebook page
Question #24
“Mental impressions” include:
A.
Witness statements
B.
Client interviews
C.
Legal theories
D.
Factual research
Question #25
Paralegals who work for corporate law departments have to be concerned about what potential issue regarding the attorney-client privilege?
A.
Being found to work autonomously with the consequence that the privilege does not apply
B.
None of these
C.
Paralegals in corporate law departments are generally unsupervised.
D.
The privilege does not extend to nonlawyer legal service providers like corporate paralegals
Question #26
The attorney-client privilege provides:
A.
The client with an unqualified privilege not to disclose
B.
The lawyer with an unqualified privilege not to disclose
C.
The client a qualified privilege not to disclose
D.
The lawyer a qualified privilege not to disclosure
Question #27
The attorney-client privilege applies in which of the following circumstances?
A.
Only after the initial consultation
B.
If the client is seeking any kind of advice
C.
Only if the client is seeking legal advice
D.
Only if the client is paying a fee
Question #28
The attorney-client privilege can be lost in which of the following circumstances?
A.
All of these
B.
The client tells a friend the information that is otherwise protected by the privilege
C.
The client has a friend in the room while talking to the lawyer on the phone
D.
A lawyer reveals the information to several people not in the scope of the privilege
Question #29
The purpose of the work product rule is:
A.
To ensure that there is open discovery
B.
To promote transparency in litigation
C.
To protect the work of lawyers in preparing cases
D.
To guard against lawyers having to redo work
Question #30
A lawyer can delegate all of the following tasks to a paralegal, except:
A.
Drafting a settlement agreement
B.
Quoting basic fee information to a prospective client
C.
Appearing in court to request a continuance
D.
Preparing a pleading
Question #31
The crime-fraud exception to the attorney-client privilege generally:
A.
Mandates that the client reveal the protected information
B.
None of these
C.
Allows the lawyer to reveal privileged information if the client is planning a crime
D.
Prohibits the lawyer from revealing any privileged information
Question #32
A lawyer cannot generally lend money to a client:
A.
Under any circumstances
B.
Except for advancing costs of litigation
C.
Except for living expenses during litigation
D.
With a signed promissory note
Question #33
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 deemed unnecessary
C.
The lawyer’s testimony is optional at the call of the client
D.
The lawyer’s testimony relates to an uncontested matter
Question #34
Conflicts of interest are based on what principle or principles of ethics?
A.
Confidentiality
B.
Zealous representation
C.
Loyalty and confidentiality
D.
Loyalty
Question #35
The rules on screens in conflict situations:
A.
Allow the firm to continue representation
B.
Disallow continued representation of the two clients
C.
All of these
D.
Prohibit collection of fees from one of the clients
Question #36
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.
Any time unless the third party interferes with the representation
C.
Parents paying for a child’s legal fees
D.
All of these
Question #37
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.
Terminate the employment of the person with the potential conflict
C.
Try to get consent of the clients involved and establish a screen
D.
Place the person with the conflict on leave immediately
Question #38
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 passenger and driver in a car accident case
C.
Representing spouses in a dissolution of marriage
D.
All of these
Need help with your exam preparation?
Get Answers to this exam for $6 USD.
Get Answers to all exams in [ PLGL 142 - Law Office Procedures and Ethics ] course for $25 USD.
Existing Quiz Clients Login here