PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Midterm Exam Part 1

Need help with your exam preparation?

Question #1
As described in Chapter 1, an “integrated” bar is:
A.   A state bar in which membership is voluntary
B.   A state bar in which membership is compulsory
C.   A state bar that includes all racial-ethnic groups
D.   A state bar that is run jointly by the executive and judicial branch.
Question #2
Ethics opinions of the ABA, state and local bars are:
A.   Upheld by the courts
B.   Advisory only
C.   Binding on lawyers
D.   Binding on paralegals
Question #3
Historically, the legal profession is regulated at what level of government?
A.   State
B.   Federal
C.   County
D.   Federal and state
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.   Reprimand, suspension, disbarment
B.   Probation, disbarment, suspension.
C.   Disbarment, suspension, reprimand
D.   Suspension, reproval, disbarment
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 circumstances surrounding the offense.
B.   The lawyer’s reputation and contributions to the community
C.   The lawyer’s educational credentials, including the law school attended
D.   The extent to which the lawyer cooperated in the investigation
Question #8
Which of the following titles is not used interchangeably with the others?
A.   Attorney assistant
B.   Paralegal
C.   Legal assistant
D.   Legal technician
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.   Certification
C.   Licensing
D.   None of these
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 do not usually have much to do with pleadings
D.   Paralegals can sign pleadings if they are certified
Question #11
Courts have generally held that nonlawyers can do the following tasks without practicing law except one. Which one?
A.   Tell the customer where the court house is
B.   Provide self-help materials to customers
C.   Help the customer decide what to put on a form
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.   have limited protection from the privilege
C.   are not protected by the attorney-client privilege
D.   are fully 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 are authorized by statute or court rule to give legal advice
C.   They are certified by the state
D.   They do not give legal advice or represent people in court
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 run a background check when hiring
B.   To conduct regular ethics training
C.   To meet with the employee daily to review work
D.   To refrain from aiding in UPL
Question #16
Which is the following does NOT constitute giving legal advice?
A.   Updating a client about the status of his/her case
B.   Outlining a client’s rights
C.   Interpreting a case for a client
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 carrying business cards with his/her title and firm name.
B.   A paralegal having her/his name on the firm letterhead
C.   A paralegal signing a cover letter enclosing legal documents
D.   A paralegal signing a letter that contains legal advice
Question #18
Which the following statements about paralegals and depositions is true?
A.   Paralegals can attend depositions with the lawyer present to take notes, to assist and to observe
B.   A paralegal cannot be prosecuted for UPL for taking a deposition.
C.   Paralegals are prohibited from preparing clients for depositions
D.   Paralegals do not usually work in litigation so rarely get involved in depositions
Question #19
Confidentiality agreements between a law firm and a paralegal employee:
A.   Prohibit paralegals from revealing confidential information about clients
B.   Are the basis for the rule of confidentiality extending to the paralegal
C.   Are necessary for the protection of the attorney-client privilege
D.   Allow paralegals to assert the privilege in court
Question #20
The attorney-client privilege is:
A.   A rule of evidence law
B.   Broader than the ethics rules on confidentiality
C.   None of these
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.   Contact the judge ex parte to request nondisclosure
C.   Turn them over no matter what because the court has so ordered
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 client sues the lawyer for malpractice
B.   All of these
C.   The lawyer is charged with ethics violations related to the representation
D.   The lawyer is prosecuted for a crime related to the representation
Question #23
Lawyers and paralegals can blog and post to social media so long as they:
A.   Do not post confidential client information
B.   Use fake names to protect the identity of clients
C.   Use only the law firm blog or Facebook page
D.   Do it anonymously
Question #24
“Mental impressions” include:
A.   Legal theories
B.   Factual research
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.   Being found to work autonomously with the consequence that the privilege does not apply
C.   The privilege does not extend to nonlawyer legal service providers like corporate paralegals
D.   None of these
Question #26
The attorney-client privilege provides:
A.   The lawyer with an unqualified privilege not to disclose
B.   The client 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.   If the client is seeking any kind of advice
B.   Only if the client is seeking legal advice
C.   Only if the client is paying a fee
D.   Only after the initial consultation
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 protect the work of lawyers in preparing cases
B.   To promote transparency in litigation
C.   To ensure that there is open discovery
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.   Drafting a settlement agreement
C.   Quoting basic fee information to a prospective client
D.   Preparing a pleading
Question #31
The crime-fraud exception to the attorney-client privilege generally:
A.   None of these
B.   Allows the lawyer to reveal privileged information if the client is planning a crime
C.   Mandates that the client reveal the protected information
D.   Prohibits the lawyer from revealing any privileged information
Question #32
A lawyer cannot generally lend money to a client:
A.   Except for living expenses during litigation
B.   With a signed promissory note
C.   Under any circumstances
D.   Except for advancing costs of litigation
Question #33
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 #34
Conflicts of interest are based on what principle or principles of ethics?
A.   Loyalty and confidentiality
B.   Zealous representation
C.   Confidentiality
D.   Loyalty
Question #35
The rules on screens in conflict situations:
A.   All of these
B.   Allow the firm to continue representation
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.   All of these
B.   Any time unless the third party interferes with the representation
C.   Public defender’s office paying the salary of a public defender
D.   Parents paying for a child’s legal fees
Question #37
  
A.   Place the person with the conflict on leave immediately
B.   Try to get consent of the clients involved and establish a screen
C.   Terminate the employment of the person with the potential conflict
D.   Get the person to agree in writing not to reveal any confidential information
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.   All of these
C.   Representing passenger and driver in a car accident case
D.   Representing spouses in a dissolution of marriage

Need help with your exam preparation?