PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Midterm Exam Part 1
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Question #1
As described in Chapter 1, an “integrated” bar is:
A.
A state bar that is run jointly by the executive and judicial branch.
B.
A state bar that includes all racial-ethnic groups
C.
A state bar in which membership is voluntary
D.
A state bar in which membership is compulsory
Question #2
Ethics opinions of the ABA, state and local bars are:
A.
Advisory only
B.
Binding on lawyers
C.
Upheld by the courts
D.
Binding on paralegals
Question #3
Historically, the legal profession is regulated at what level of government?
A.
County
B.
Federal and state
C.
Federal
D.
State
Question #4
Legal malpractice:
A.
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.
B.
Is the intentional improper conduct of a legal professional in the performance of duties
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.
Reprimand, suspension, disbarment
B.
Disbarment, suspension, reprimand
C.
Suspension, reproval, disbarment
D.
Probation, disbarment, suspension.
Question #6
Which branch of government regulates the legal profession?
A.
Executive
B.
All of these
C.
Legislative
D.
Judicial
Question #7
Which of the following is NOT taken into account when a lawyer is being sanctioned?
A.
The circumstances surrounding the offense.
B.
The extent to which the lawyer cooperated in the investigation
C.
The lawyer’s educational credentials, including the law school attended
D.
The lawyer’s reputation and contributions to the community
Question #8
Which of the following titles is not used interchangeably with the others?
A.
Legal assistant
B.
Legal technician
C.
Attorney 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.
None of these
B.
Limited licensing
C.
Licensing
D.
Certification
Question #10
As a general rule,
A.
Paralegals can sign pleadings on behalf of the lawyer
B.
Paralegals should not sign pleadings for the lawyer
C.
Paralegals can sign pleadings if they are certified
D.
Paralegals do not usually have much to do with pleadings
Question #11
Courts have generally held that nonlawyers can do the following tasks without practicing law except one. Which one?
A.
Fill in forms at the customer’s instructions
B.
Help the customer decide what to put on a form
C.
Provide self-help materials to customers
D.
Tell the customer where the court house is
Question #12
Customers who get help from nonlawyer legal service providers:
A.
are protected so long as the paralegal is certified
B.
have limited protection from the privilege
C.
are fully protected by the attorney-client 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 are serving an under-represented group of persons
B.
They do not give legal advice or represent people in court
C.
They are certified by the state
D.
They are authorized by statute or court rule to give legal advice
Question #14
Nonlawyers can be authorized to advise clients if:
A.
The client gives the person a power of attorney
B.
None of these
C.
The client signs a disclaimer stating that he/she understands that the provider is not a lawyer
D.
The provider is a Legal Document Assistant in a state like California that regulates LDAs
Question #15
Under most state ethics codes or statutes, a lawyer’s duty to supervise nonlawyer employees includes what obligation?
A.
To meet with the employee daily to review work
B.
To refrain from aiding in UPL
C.
To run a background check when hiring
D.
To conduct regular ethics training
Question #16
Which is the following does NOT constitute giving legal advice?
A.
Outlining a client’s rights
B.
Updating a client about the status of his/her case
C.
Recommending a course of conduct to a client
D.
Interpreting a case for 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 having her/his name on the firm letterhead
C.
A paralegal signing a letter that contains legal advice
D.
A paralegal carrying business cards with his/her title and firm name.
Question #18
Which the following statements about paralegals and depositions is true?
A.
Paralegals do not usually work in litigation so rarely get involved in depositions
B.
Paralegals can attend depositions with the lawyer present to take notes, to assist and to observe
C.
A paralegal cannot be prosecuted for UPL for taking a deposition.
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.
Allow paralegals to assert the privilege in court
C.
Prohibit paralegals from revealing confidential information about clients
D.
Are necessary for the protection of the attorney-client privilege
Question #20
The attorney-client privilege is:
A.
Broader than the ethics rules on confidentiality
B.
None of these
C.
A rule of evidence law
D.
The same as 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.
Invoke the privilege and argue to protect the privilege
B.
Turn them over no matter what because the court has so ordered
C.
Contact the judge ex parte to request nondisclosure
D.
None of these
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 prosecuted for a crime related to the representation
B.
All of these
C.
The client sues the lawyer for malpractice
D.
The lawyer is charged with ethics violations related to the representation
Question #23
Lawyers and paralegals can blog and post to social media so long as they:
A.
Do it anonymously
B.
Use fake names to protect the identity of clients
C.
Use only the law firm blog or Facebook page
D.
Do not post confidential client information
Question #24
“Mental impressions” include:
A.
Factual research
B.
Legal theories
C.
Witness statements
D.
Client interviews
Question #25
Paralegals who work for corporate law departments have to be concerned about what potential issue regarding the attorney-client privilege?
A.
Paralegals in corporate law departments are generally unsupervised.
B.
None of these
C.
Being found to work autonomously with the consequence that the privilege does not apply
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 client a qualified privilege not to disclose
C.
The lawyer with an unqualified 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.
Only if the client is seeking legal advice
C.
Only if the client is paying a fee
D.
If the client is seeking any kind of advice
Question #28
The attorney-client privilege can be lost in which of the following circumstances?
A.
A lawyer reveals the information to several people not in the scope of the privilege
B.
The client has a friend in the room while talking to the lawyer on the phone
C.
The client tells a friend the information that is otherwise protected by the privilege
D.
All of these
Question #29
The purpose of the work product rule is:
A.
To promote transparency in litigation
B.
To ensure that there is open discovery
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.
Appearing in court to request a continuance
B.
Preparing a pleading
C.
Drafting a settlement agreement
D.
Quoting basic fee information to a prospective client
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.
Prohibits the lawyer from revealing any privileged information
D.
Allows the lawyer to reveal privileged information if the client is planning a crime
Question #32
A lawyer cannot generally lend money to a client:
A.
Except for advancing costs of litigation
B.
Except for living expenses during litigation
C.
With a signed promissory note
D.
Under any circumstances
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 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 #34
Conflicts of interest are based on what principle or principles of ethics?
A.
Zealous representation
B.
Loyalty and confidentiality
C.
Loyalty
D.
Confidentiality
Question #35
The rules on screens in conflict situations:
A.
Allow the firm to continue representation
B.
All of these
C.
Disallow continued representation of the two clients
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.
Parents paying for a child’s legal fees
B.
Any time unless the third party interferes with the representation
C.
Public defender’s office paying the salary of a public defender
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.
Terminate the employment of the person with the potential conflict
B.
Try to get consent of the clients involved and establish a screen
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 #38
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.
All of these
D.
Representing two criminal defendants in one case
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