PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Quiz 6 Chapter 6

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Question #1
In what kinds of cases are contingency fees prohibited?
A.   Corporate
B.   Divorce and Criminal
C.   Criminal
D.   Divorce
Question #2
Under California law, what kinds of fee agreements must be in writing and signed?
A.   Contingency Fee Agreements
B.   where reasonably foreseeable expense to a client will exceed $1,000
C.   Both of these
Question #3
The most common method of billing clients is:
A.   Retainer
B.   Contingency
C.   Hourly
D.   Flat
Question #4
The following restrictions are placed on legal fees by ethics rules:
A.   Fees cannot be excessive
B.   Fees cannot be unconscionable
C.   Fees cannot be for illegal activity
D.   All of these
Question #5
Paralegals in firms with guidelines or goals on annual billing are expected to bill about how many hours a year?
A.   2000
B.   2500
C.   1000
D.   1500
Question #6
If you are traveling for client A and do work on the plane for client B, how should you bill your time?
A.   None of these
B.   Deduct the time you spent for client B from client A’s bill
C.   Bill both clients for the full time
D.   Bill half the cost of the fare to each
Question #7
In the landmark case of Missouri v. Jenkins, the US Supreme Court decided that attorney fee awards under a federal statute:
A.   Could include paralegal time at market rates
B.   Could not include paralegal time at all
C.   Could not include paralegal time at market rates
D.   Could only include paralegal time at cost
Question #8
The decision in Missouri v. Jenkins was important because it:
A.   Found a federal fee statute unconstitutional
B.   Provided an incentive for lawyers to use paralegal services
C.   Paved the way for paralegal regulation
D.   Acted as a disincentive to lawyers to use paralegal services
Question #9
As a result of Missouri v. Jenkins:
A.   No states have amended statutes to allow paralegal time at market rates in attorney fee awards
B.   Thousands of fee awards that included market-level compensation for paralegal time have been made in federal courts
C.   None of these
D.   Many states have adopted statutes to prohibit the award of fees for paralegal time.
Question #10
Which of the following should be included in a fee petition to the court?
A.   Firm and market rates and practices
B.   The paralegals’ credentials and experience
C.   All of these
D.   Detailed descriptions of the work performed
Question #11
Which of the following is a reason that a fee petition will be reduced by a court?
A.   The lawyer and paralegal included compensation for the same task
B.   The petition covered clerical or secretarial tasks
C.   The petition asked for a rate that is above the market rate
D.   All of these
Question #12
What is the preferred way of addressing paralegal rates in a fee petition?
A.   Rates no more than ten percent above the market
B.   A range of rates for paralegals depending on experience and the task
C.   One rate for all paralegals
D.   Rates at least ten percent below market
Question #13
If a lawyer includes a request for compensation at lawyer rates for work that he or she did that a paralegal could have done, the court is most likely to:
A.   Allow the compensation at that rate
B.   Reduce the fee for those tasks to the fee that would normally be paid to a paralegal
C.   Not reduce the fee
D.   Disallow the compensation
Question #14
Under rules about fee splitting,
A.   Lawyers can sometimes split fees with another lawyer
B.   Lawyers can never split fees under any circumstances
C.   Lawyers can sometimes split fees with a paralegal
D.   Lawyers can split fees with independent contractors
Question #15
The rules against fee splitting have been interpreted to mean that:
A.   Nonlawyers can be included in law firm retirement plans but not bonus plans
B.   Nonlawyers can be included in law firm retirement and bonus plans
C.   Nonlawyers cannot be included in law firm bonus plans
D.   None of these
Question #16
Which of the following best describes the general rules about client funds?
A.   Client funds should be disbursed into the client trust account and not disbursed to the client until all claims on the money are decided and paid
B.   Client money should be deposited into the lawyer’s operating account and then disbursed to the client trust account
C.   Client trust accounts are only used when the funds will need to be held for more than a short period of time, e.g., one week in most states.
D.   Client funds should be deposited into the client trust account and then disbursed to the client and others who are entitled to a portion of the money
Question #17
Commingling is:
A.   Permitted if the lawyer does not have a client trust account
B.   Mixing of clients funds with the lawyer’s funds
C.   Not unethical as long as the funds are separately booked
D.   Equal in seriousness to conversion
Question #18
Which of the following is NOT one of the basic ethical duties about client property?
A.   Deliver funds within one month of receipt
B.   Notify client of receipt of funds
C.   Provide a full accounting
D.   Deliver funds promptly
Question #19
When an attorney’s invoice overstates the amount of time required for work performed, the attorney has engaged in behavior called:
A.   bill padding
B.   lodestar billing
C.   contemporaneous billing
D.   block billing
Question #20
The best time for an attorney or paralegal to record the time they spent on a client matter is at the end of the month when bills are prepared to send to a client.
A.   True
B.   False
Question #21
All of the following are precautions that an attorney should follow to avoid being scammed, except?
A.   Communicate clearly to the potential client that no services will be performed until the retainer check is cleared by the bank
B.   Obtain a written fee agreement and include all pertinent client contact information
C.   Always deposit 3rd party funds into the trust account and pay the client as soon as the funds are available
D.   Do a conflict check and verify the information provided by the potential client
Question #22
When an attorney is the victim of a scam, the loss will always be covered by their malpractice insurance.
A.   True
B.   False

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