PLGL 142 - Law Office Procedures and Ethics » Sprimg 2023 » Quiz Chapter 7 Competence

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Question #1
In California, paralegals must certify completion of their required continuing legal education every 4 years.
A.   FALSE
B.   TRUE
Question #2
For each reporting period, paralegals are required to complete 4 hours of continuing legal education in legal ethics and 4 hours in either general law or in an area of specialized law.
A.   FALSE
B.   TRUE
Question #3
In California, competence includes the duty to keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology.
A.   TRUE
B.   FALSE
Question #4
The ethics rules about competence generally require lawyers to:
A.   Provide monthly reports to clients about activities in their cases
B.   Take 10 hours of continuing education in their area of practice annually
C.   Submit monthly bills showing what they have done and the agreed-upon fee
D.   Keep clients reasonably informed about what is going on in their matters
Question #5
A trend in law practice is:
A.   Increase in litigation and probate
B.   More lawyers specializing in one or two areas of practice
C.   None of these
D.   Growth in the proportion of small general practice firms
Question #6
“Skills” needed to work competently usually refers to:
A.   The execution of tasks in the handling of a client matter
B.   Mastery of a body of knowledge in a specified area of law
C.   What lawyers and paralegals learn in substantive law courses
Question #7
The best definition of “diligence” is:
A.   Working well as a team
B.   Proofreading carefully
C.   Knowing the law well
D.   Persistent attention to a matter
Question #8
The paralegal role in communicating with clients is:
A.   Not very important because paralegals have to be wary about giving legal advice
B.   Very important because usually most communication between lawyers and clients is filtered through the paralegal
C.   Very important because paralegals often act as a liaison with clients and a source of information for them
D.   Not very important because paralegals do not usually have much client contact
Question #9
Legal malpractice is:
A.   The same as the grounds for disciplining a lawyer under ethics rules
B.   The same as the grounds for holding a lawyer in contempt of court
C.   Improper intentional conduct in the performance of the lawyer’s duties
D.   Improper conduct in the performance of the lawyer’s duties, whether intentionally or by negligence
Question #10
Professional negligence by a lawyer:
A.   Can result is damages for losing a case in which the client would have prevailed if the lawyer had not been negligent
B.   Can result in damages paid to the plaintiff for the loss of the client’s legal rights
C.   Is the failure to exercise the standard of care commonly observed in other lawyers
D.   All of these
Question #11
Which of the following best describes how the malpractice rules apply to paralegals?
A.   Paralegals are usually named in malpractice suits in case they were the ones who made the mistake
B.   Paralegals are not often named in suits because they are less likely than lawyers to make mistakes
C.   Paralegals may be named in malpractice suits
D.   Paralegals cannot be named in a malpractice suit because the lawyer is ultimately responsible for their work.
Question #12
The most common bases for malpractice claims relate to:
A.   Lack of competence and fees only
B.   Intentional acts and incompetence
C.   None of these
D.   Lack of competence, fees, communication, and substance abuse
Question #13
A typical malpractice scenario is:
A.   Representing both plaintiff and defendant in an action
B.   Missing deadlines, not returning phone calls
C.   None of these
D.   Misrepresenting the state of the law in a brief
Question #14
Which of the following statements about lawyers and substance abuse is true?
A.   Lawyers have relatively low rates of depression and stress
B.   Lawyers have relatively low rates of substance abuse
C.   As many as 20 percent of lawyers have alcohol/substance abuse problems
D.   Substance abuse rates are tied to disciplinary actions but not malpractice suits
Question #15
Which of the following can be the basis for a malpractice suit?
A.   The lawyer has a conflict of interest
B.   The lawyer does not get the client what he/she wants
C.   The lawyer loses the case
D.   The lawyer becomes ill during the trial
Question #16
Side effects of using addictive drugs include:
A.   personality changes
B.   impaired thinking and memory
C.   eventual disfunction
D.   behavioral deterioration
E.   All of these
Question #17
Addiction (including alcoholism) is widely regarded as a chronic, progressive and fatal brain disease rather than a choice. 
A.   FALSE
B.   TRUE
Question #18
Even though initial use of an addictive substance may have no negative consequences, repetition of the behavior can cause dependency and the need for higher doses, which may lead to a variety of negative consequences. 
A.   TRUE
B.   FALSE
Question #19
Like professional athletes, lawyers are routinely drug tested.
A.   TRUE
B.   FALSE
Question #20
If attorneys with whom paralegals work are experiencing mental health issues at a greater rate, it would stand to reason that paralegals and legal support staff are subject to the same concerns. 
A.   FALSE
B.   TRUE
Question #21
Research shows that we can do simple things to improve our mental health, including:
A.   exercising
B.   All of these
C.   getting enough sleep
D.   eating a balanced diet
E.   spending time outside

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