Chapter 2: Ethics and Professional Responsibility

Confidentiality

A duty imposed to keep communications from clients secret

Candor

A duty of honesty to the court

Attorney-client privilege

A rule of evidence that allows an attorney to refuse to testify as to confidential information

Privilege

A rule of evidence that protects certain forms of communication from disclosure at trial

Conflict of Interest

A situation where the interest of one client is directly adverse to the interest of another client

UPL

A statutory criminal violation

What ethical rule requires an attorney to possess the minimum level of knowledge and skill required?

Competence

If a lawyer represents both the husband and wife who are seeking a divorce, that representation would implicate the:

Conflict of Interest Rule.

When is it appropriate for a paralegal to give legal advice?

It is never appropriate for a paralegal to give legal advice.

Which federal agency allows paralegals to represent others before it?

Social Security Administration

The regulation of the practice of law is done at what level?

State

Competence

The minimum level of knowledge and skill required

Self-defense exception

The right to reveal confidential information when necessary

What is created even if a potential client does not retain a law firm for representation but that potential client has had a consultation with a paralegal and attorney in that firm?

An implied attorney-client relationship

Ethical conduct is expected of:

every member of the legal team.

The following activities would be considered the unauthorized practice of law when done by paralegals:

helping a client determine which power of attorney form is the correct one to use.

When an attorney is admitted to practice in his state's high court, this usually means that the attorney can:

practice in all lower courts in that state.

Preparing legal opinions and preparing legal documents are considered:

the practice of law.

A paralegal should maintain a list of clients and types of cases represented:

to maintain a conflict check.

When meeting a client, a paralegal should always:

disclose his or her status as a paralegal.

Pat the Paralegal is meeting a client for the first time and will be conducting an intake-type interview. The best introduction would be:

"Hello, my name is Pat. I am Lawyer Lee's paralegal. I will be asking you some questions today."

Ethics

Minimally acceptable standards of professional conduct

Why is the practice of law regulated?

To protect the public from incompetent attorneys

Which statement concerning UPL is true?

UPL can be a statutory criminal violation.

The obligation to keep information confidential is:

an ethical requirement.

A paralegal, while working under the supervision of an attorney, may do all of the following except for:

appearing in court for a child custody case.

If an attorney is sued by a former client for malpractice, that attorney:

can reveal a client confidence.

Ethical obligations of an attorney include which of the following:

competence, confidentiality, and avoidance of a conflict of interest (Answer: all of the above.)