Legal Ethics Final Review

The federal rule that allows for sanctions for unwarranted claims and discovery abuse is: a. Federal Rule of Civil Procedure 12 b. Federal Rule of Court 11 c. Federal Rule of Civil Procedure 11 d. None of the above

Federal Rule of Civil Procedure 11

Under ABA Model Rules, what kinds of fee agreements have to be in writing and signed? a. Contingency b. All fee agreements c. Statutory d. Hourly

Contingency

In the landmark case of Missouri v. Jenkins, the US Supreme Court decided that attorney fee awards under a federal statute: a. Could not include paralegal time at all b. Could not include paralegal time at market rates c. Could only include paralegal time at cost d. Could include paralegal time at market rates

Could include paralegal time at market rates

Referral fees are: a. Fees paid for referring a case to a lawyer and are ethical b. Fees paid for referring a case to a lawyer and are unethical c. Fees paid by a lawyer referral service to a client d. Fees paid to a licensed runner

Fees paid for referring a case to a lawyer and are unethical

The standard of care for conducting legal research requires lawyers to: a. Research only in the hard copy volumes b. Find the latest cases up to one month before filing c. Find whatever is accessible through standard research methods d. Use the most cutting edge research methods

Find whatever is accessible through standard research methods

The definition of the practice of law: a. Is uniformly adopted throughout the states based on the ABA's model definition b. Has been developed over time through case law c. Only prohibits nonlawyers from representing clients in court d. Has been found to violate current anti-trust laws

Has been developed over time through case law

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. Provide self-help materials to customers c. Tell the customer where the court house is d. Help the customer decide what to put on a form

Help the customer decide what to put on a form

The legal profession has: a. A high rate of retention of new lawyers b. A higher proportion of diversity than the general population c. An outstanding record for promoting women to the top ranks of law firms d. High turnover and burnout

High turnover and burnout

The most common method of billing clients is: a. Contingency b. Flat c. Retainer d. Hourly

Hourly

Paralegals in firms with guidelines or goals on annual billing are usually expected to bill about how many hours a year? a. 1000 b. 1500 c. 2000 d. 2500

2000

About how many paralegal programs are approved by the ABA? a. 100 b. 250 c. 200 d. 250

250

A retainer is: a. A refundable fee paid in advance to guarantee the lawyer is available b. A nonrefundable fee paid to guarantee the lawyer is available c. A fee paid to cover all the services without separate billing for costs d. An annual contingency fee typically paid by corporate clients

A nonrefundable fee paid to guarantee the lawyer is available

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 signing a cover letter enclosing legal documents c. A paralegal signing a letter that contains legal advice d. A paralegal having her/his name on the firm letterhead

A paralegal signing a letter that contains legal advice

What is the preferred way of addressing paralegal rates in a fee petition? a. One rate for all paralegals b. A range of rates for paralegals depending on experience and the task c. Rates no more than ten percent above the market d. Rates at least ten percent below market

A range of rates for paralegals depending on experience and the task

The attorney-client privilege is: a. The same as the ethics rules on confidentiality b. Broader than the ethics rules on confidentiality c. A rule of evidence law d. None of the above

A rule of evidence law

As described in Chapter 1, an "integrated" bar is: a. A state bar in which membership is compulsory b. A state bar in which membership is voluntary c. A state bar that includes all racial-ethnic groups d. A state bar that is run jointly by the executive and judicial branch

A state bar in which membership is compulsory

For paralegal programs, ABA approval is: a. A voluntary form of recognition b. Required in three states c. A prerequisite to licensing d. Recognized by the Department of Education

A voluntary form of recognition

What proportion of firms offer alternative forms of billing? a. None because it is unethical b. Less than 10 percent c. About 50 percent d. Almost 100 percent

About 50 percent

Courtesy or professionalism guidelines: a. Have been integrated into the ethics rules in 36 states b. Advise lawyers on how to conduct themselves c. Are mandatory in 30 states d. All of the above

Advise lawyers on how to conduct themselves

Under the usual rules about lawyer-juror communication, when is it most likely that a lawyer can have ex parte communications with jurors? a. Before the jury is selected b. At designated breaks during a trial c. Never d. After the trial

After the trial

Unbundling legal services means: a. Separating out the various tasks and assigning them to the lawyer and paralegal b. Billing separately for paralegal and lawyer time c. Allowing the client to pick from a menu of services d. Agreeing that the client will do some work on his/her own

Agreeing that the client will do some work on his/her own

Exceptions against solicitation are provided for: a. Former clients b. Persons reasonably believed to be clients c. Relatives d. All of the above

All of the above

If a defendant's constitutional rights are violated by a prosecutor's breach of ethics rules, the court may: a. Reverse a conviction b. Suppress evidence c. Dismiss charges d. All of the above

All of the above

Paralegals can find opportunities for pro bono work: a. Through paralegal associations b. Through bar associations c. Through their own law firms d. All of the above

All of the above

The ethics rules for prosecutors: a. Require that they seek justice b. Mandate that they drop a case that is not supported by probable cause c. Say that they must disclose exculpatory evidence d. All of the above

All of the above

The following restrictions are placed on legal fees by ethics rules: a. Fees cannot be for illegal activity b. Fees cannot be excessive c. Fees cannot be unconscionable d. All of the above

All of the above

The principles of vicarious disqualification are based on: a. The idea that everyone in a law firm has confidential information about all the clients and matters b. The principle of guarding against confidential information being revealed c. The belief that financial incentives may cause lawyers to reveal confidential information d. All of the above

All of the above

Third-party payment of legal fees is allowed in which of the following cases: a. Parents paying for a child's legal fees b. Public defender's office paying the salary of a public defender c. Any time so long as the third party does not interfere with the representation d. All of the above

All of the above

To address the perceived decline in ethics of lawyers, bar associations have: a. Promoted continuing education in ethics for lawyers b. Encouraged lawyers to do pro bono and public service c. Offered client relations programs d. All of the above

All of the above

What can happen if a lawyer has improper communications with a juror? a. The lawyer is disciplined b. The court declares a mistrial c. The lawyer is prosecuted criminally d. All of the above

All of the above

Which of the following constitutes the practice of law? a. Appearing at a hearing re a child's accommodations for disabilities b. Preparing a living trust c. Recommending a course of action in a non-litigated matter d. All of the above

All of the above

Which of the following costs should be covered in the fee agreement? a. Court filing fees b. Deposition transcripts c. Telephone charges d. All of the above

All of the above

Which of the following is a basis for allowing a lawyer to disclose confidential information under the ethics rules: a. Client consent b. To prevent the commission of a crime c. To collect a fee d. All of the above

All of the above

Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties? a. Representing spouses in a dissolution of marriage b. Representing passenger and driver in a car accident case c. Representing two criminal defendants in one case d. All of the above

All of the above

Which of the following is a concurrent conflict? a. The lawyer served as the mediator in the case before it went to litigation. b. The lawyer is representing the buyer and the seller of real estate. c. The lawyer represents a bankrupt company and one of its creditors. d. All of the above

All of the above

Which of the following is a typical rule to stop discovery abuse? a. Limit the number of interrogatories b. Set strict deadlines for response to discovery c. Restrict excessive discovery d. All of the above

All of the above

Which of the following is prohibited by the ethics rules on candor and honesty? a. Falsifying evidence b. Concealing evidence c. Altering evidence d. All of the above

All of the above

Which of the following kinds of information are normally protected by the privilege? a. The identify of the client b. The whereabouts of a client c. The fee arrangement between the lawyer and client d. All of the above

All of the above

Which of the following perceptions is a factor in the reputation of the legal profession? a. Lawyers charge too much b. Lawyers are more interested in making money than what is right c. Lawyers manipulate the legal process to win d. All of the above

All of the above

Which of the following should be included in a fee petition to the court? a. The paralegals' credentials and experience b. Detailed descriptions of the work performed c. Firm and market rates and practices d. All of the above

All of the above

Which of the following should be on a law firm website? a. Disclaimers about not forming a lawyer-client relationship b. The jurisdictions in which the lawyer is licensed to practice c. The real names of the lawyers d. All of the above

All of the above

In what ways does law school education differ from paralegal education? a. Law school usually takes longer than paralegal school. b. Law school emphasizes substantive law while paralegal school emphasizes practical skills. c. Law school culminates with the bar exam while paralegals are not required to pass an exam to practice. d. All of the above.

All of the above.

The rules about paying witnesses: a. Allow payment to expert witnesses b. Disallow payment to any witness c. Allow payment to experts only if the hiring lawyer prevails d. Allow payment of fees to all witnesses

Allow payment to expert witnesses

The rules on screens in conflict situations: a. Apply equally to lawyers and paralegals 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

Allow the firm to continue representation

The rules against solicitation by lawyers: a. Do not extend to paralegals and other employees b. Extend to employees but not independent contractors c. Also prohibit a paralegal from soliciting for the lawyer d. None of the above

Also prohibit a paralegal from soliciting for the lawyer

The association that is recognized by the federal government to accredit paralegal programs is the: a. American Bar Association b. American Association for Paralegal Education c. National Association of Legal Assistants d. None of the above

American Bar Association

An in camera examination is: a. An examination of the documents in question with the press there to take pictures b. An examination of the documents in question by the judge without the public or jury c. A review of jpeg copies of the documents d. None of the above

An examination of the documents in question by the judge without the public or jury

Which of the following statements about lawyers and substance abuse is true? a. Lawyers have relatively low rates of substance abuse b. Substance abuse rates are tied to disciplinary actions but not malpractice suits c. Lawyers have relatively low rates of depression and stress d. As many as 20 percent of lawyers have alcohol/substance abuse problems

As many as 20 percent of lawyers have alcohol/substance abuse problems

Which title is most like to be NOT acceptable for a paralegal? a. CLA/CP b. Paralegal specialist c. Associate d. Attorney assistant

Associate

The legal community as a whole has responded to the lack of confidence in the profession by: a. Requiring lawyers to do pro bono work in 40 jurisdictions b. Ignoring it and hoping it will go away c. Adopting snitch rules and whistleblower statutes d. Encouraging more pro bono work and professionalism

Encouraging more pro bono work and professionalism

What is the most accurate statement about the rules concerning a lawyer who criticizes a judge? a. Ethics rules prohibit lawyers from making false statements about the qualifications or integrity of a judge b. First Amendment considerations prohibit sanctions against lawyers for criticizing judges c. Judges who have been criticized by lawyers are usually subjected to recall elections d. All of the above

Ethics rules prohibit lawyers from making false statements about the qualifications or integrity of a judge

A lawyer cannot generally lend money to a client: a. Except for advancing costs of litigation b. Except for living expenses during litigation c. Under any circumstances d. With a signed promissory note

Except for advancing costs of litigation

The duty of zealous representation requires: a. Doing everything possible to win for the client b. Exercising your best efforts on behalf of a client within the bounds of the law and ethics c. Representing the client by following the client's instructions to the letter d. The lawyer to put this duty above all others

Exercising your best efforts on behalf of a client within the bounds of the law and ethics

Which of the following is an example of an ethical violation for delaying litigation? a. Waiting until the last day of the filing period to file a document b. Not answering phone calls of the opposing counsel within two days c. Failing to complete discovery in accordance with court rules d. Misquoting a case in an appellate brief

Failing to complete discovery in accordance with court rules

ABA Model Rules require that fee agreements: a. Be in writing and signed b. Be in writing and signed only for contingency fees. c. Be in place before commencement of services d. Include an estimate of the total fee for the matter

Be in writing and signed only for contingency fees.

When can a lawyer communicate about a legal matter with someone who already has a lawyer? a. Never b. If the person is seeking a second opinion c. If the lawyer is not trying to influence the person d. If the person is a close friend

If the person is seeking a second opinion

Ethics rules about influencing judges also prohibit lawyers from: a. Implying that they can influence a judge b. Giving campaign contributions to judges c. Sending holiday cards to judges d. Attending social events with judges

Implying that they can influence a judge

Legal malpractice is: a. Improper conduct in the performance of the lawyer's duties, whether intentionally or by negligence b. Improper intentional conduct in the performance of the lawyer's duties c. The same as the grounds for holding a lawyer in contempt of court d. The same as the grounds for disciplining a lawyer under ethics rules

Improper conduct in the performance of the lawyer's duties, whether intentionally or by negligence

The current predominant definition of paralegals: a. Includes only people with appropriate formal paralegal education b. Includes nonlawyer practitioners who serve the public directly c. Includes only people who are supervised by lawyers d. None of the above

Includes only people who are supervised by lawyers

Since the changes in the ethics rules about lawyer advertising, a. Lawyer advertising has become widespread throughout the legal community b. Most lawyers who advertise are in small firms and do bankruptcy and family law c. Virtually all law firms have a marketing department or hire a marketing firm to help them d. Many bar associations have prohibited lawyers from advertising on the internet

Lawyer advertising has become widespread throughout the legal community

Which of the following most accurately describes the public view of lawyers in the US? a. Lawyers are regarded as bastions of integrity and defenders of the constitution b. Lawyers are held in universal disdain for pervasive gouging of clients and ethical misconduct c. Lawyers are not held in high regard by many people in part because of wellpublicized instances of lawyer misdeeds d. Lawyers are considered to be one of the top three professions that parents want their children to aspire to

Lawyers are not held in high regard by many people in part because of wellpublicized instances of lawyer misdeeds

Under rules about fee splitting: a. Lawyers can sometimes split fees with another lawyer b. Lawyers can sometimes split fee with a paralegal c. Lawyers can never split fees under any circumstances d. Lawyers can split fees with independent contractors

Lawyers can sometimes split fees with another lawyer

Until 1977, what did the ethics rules on advertising require? a. Lawyers could advertise if the ads were dignified. b. Lawyers could not advertise. c. Lawyers could only advertise in legal newspapers. d. Lawyers could advertise but not use trade names.

Lawyers could not advertise.

One of the differences between lawyers today and those 50 years ago is that: a. Lawyers now are more loyal than ever to their firms b. Lawyers now are better educated than they were 50 years ago c. Lawyers now are less diverse than 50 years d. Lawyers tend to move around more now

Lawyers tend to move around more now

The ethics rule about candor and honesty requires: a. Disclosure of all known facts about a case in discovery b. Lawyers to rectify a fraud on the court unless privileged c. The same standard of care as obstruction of justice d. The lawyer to reveal client and witness perjury to the judge

Lawyers to rectify a fraud on the court unless privileged

Which of the following titles is not used interchangeably with the others? a. Legal assistant b. Paralegal c. Attorney assistant d. Legal technician

Legal technician

"Mental impressions" include: a. Witness statements b. Factual research c. Client interviews d. Legal theories

Legal theories

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. Certification b. Licensing c. Limited licensing d. None of the above

Licensing

Which is the following is NOT an appropriate title for a paralegal? a. Legal assistant b. Senior litigation paralegal c. Litigation associate d. Paralegal manager

Litigation associate

Conflicts of interest are based on what principle or principles of ethics? a. Loyalty b. Loyalty and confidentiality c. Confidentiality d. Zealous representation

Loyalty and confidentiality

The unqualified privilege protects what kind of work product? a. Mental impressions b. Information material c. Answers to interrogatories d. Answers in depositions

Mental impressions

A typical malpractice scenario is: a. Missing deadlines, not returning phone calls b. Misrepresenting the state of the law in a brief c. Representing both plaintiff and defendant in an action d. None of the above

Missing deadlines, not returning phone calls

Commingling is: a. Mixing of clients funds with the lawyer's funds b. Not unethical as long as the funds are separately booked c. Equal in seriousness to conversion d. Permitted if the lawyer does not have a client trust account

Mixing of clients funds with the lawyer's funds

A trend in law practice is: a. Growth in the proportion of small general practice firms b. Increase in litigation and probate c. More lawyers specializing in one or two areas of practice d. None of the above.

More lawyers specializing in one or two areas of practice

Which of the following is the most accurate statement about the proportion of lawyers and paralegals who do litigation work? a. More lawyers than paralegals do litigation work b. A majority of lawyers do litigation and less than a majority of paralegals do litigation c. More paralegals than lawyers do litigation work d. The proportion of lawyers and paralegals who do litigation is about the same

More paralegals than lawyers do litigation work

A lawyer can circumvent the ethics rules on referral fees by: a. Tying a bonus to a referral b. Paying a bonus for each case that is settled by the paralegal c. Putting money in the paralegal's retirement fund for each case that the paralegal brings in d. None of the above

None of the above

Nonlawyers can be authorized to advise clients if: a. The client gives the person a power of attorney b. The client signs a disclaimer stating that he/she understands that the provider is not a lawyer c. The provider is a Legal Document Assistant in a state like California that regulates LDAs d. None of the above

None of the above

Which of the following practices is typically prohibited by ethics rules? a. Payment by credit card b. Discounting of fees c. Financing of fees d. None of the above

None of the above

While not all jurisdictions agree, the general rule for lawyers to follow if their client is planning to commit perjury is to: a. Call on the client to testify but refuse to participate b. Withdraw from the case immediately and find the client another lawyer c. Not call on the client to testify and either withdraw or disclose to the court d. None of the above

None of the above

The rules against fee splitting have been interpreted to mean that: a. Nonlawyers cannot be included in law firm bonus plans b. Nonlawyers can be included in law firm retirement plans but not bonus plans c. Nonlawyers can be included in law firm retirement and bonus plans d. None of the above

Nonlawyers can be included in law firm retirement and bonus plans

Customers who get help from nonlawyer legal service providers are: a. Fully protected by the attorney-client privilege b. Have limited protection from the privilege c. Not protected by the attorney-client privilege d. Are protected so long as the paralegal is certified

Not protected by the attorney-client privilege

The privilege applies in which of the following circumstances? a. Only if the client is seeking legal advice b. If the client is seeking any kind of advice c. Only if the client is paying a fee d. Only after the initial consultation

Only if the client is seeking legal advice

Under lawyer advertising rules, which is the following is mostly likely to violate ethics rules? a. Paralegal name on letterhead of the firm b. Paralegal name on a building directory c. Paralegal name on a firm website d. Paralegal name without a title in an ad

Paralegal name without a title in an ad

As a general rule, a. Paralegals can sign pleadings on behalf of the lawyer. b. Paralegals can sign pleadings if they are certified. c. Paralegals should not sign pleadings for the lawyer. d. Paralegals do not usually have much to do with pleadings.

Paralegals should not sign pleadings for the lawyer.

Which of the following best describes how the malpractice rules apply to paralegals? a. Paralegals cannot be named in a malpractice suit because the lawyer is ultimately responsible for their work b. Paralegals are usually named in malpractice suits in case they were the ones who made the mistake c. Paralegals, including those working as independent contractors, may be named in malpractice suits d. Paralegals are not often named in suits because they are less likely than lawyers to make mistakes

Paralegals, including those working as independent contractors, may be named in malpractice suits

The best definition of "diligence" is: a. Proofreading carefully b. Knowing the law well c. Working well as a team d. Persistent attention to a matter

Persistent attention to a matter

The program of Interest on Lawyers' Trust Accounts: a. Has been found to be unconstitutional b. Is a mandatory bar program c. Covers all client trust accounts d. Produces money to pay for legal services or client security funds

Produces money to pay for legal services or client security funds

The rules about conflicts in successive representation: a. Prohibit representation if the clients are truly adverse and the past and current matters are substantially related b. Cannot be overcome with consent c. Disqualify the lawyer if the clients were adversaries in any kind of matter d. Are strictly construed because of the threat to the duty of loyalty

Prohibit representation if the clients are truly adverse and the past and current matters are substantially related

ABA Guidelines for the Utilization of Paralegal Services: a. Do not mention paralegal education b. Require paralegals to get an ABA approved degree or certificate c. Promote lawyer support for paralegal education d. Are mandatory in the majority of states

Promote lawyer support for paralegal education

Law firms should do which of the following to guard against billing abuses? a. Have timers installed on computers b. Install video cameras to monitor work c. Review bills before they are sent d. Use block billing

Review bills before they are sent

Under the federal rule adopted to alleviate unnecessary delays in civil litigation, lawyers who violate the rules are usually: a. Sanctioned immediately with monetary fines b. Sanctioned immediately with jail time c. Not sanctioned at all d. Given an opportunity to rectify the problem before sanction.

Sanctioned immediately with monetary fines

A paralegal who finds adverse controlling authority in a matter that she/he is researching for a court filing should: a. Not cite it because it is up to opposing counsel to do so b. Obscure the ruling by putting it in a footnote c. Withdraw from representation d. Seek to distinguish it factually or legally if possible

Seek to distinguish it factually or legally if possible

Under which of the circumstances below does the privileged information lose its protected status? a. An eavesdropper hears the information. b. The client tells the paralegal the information in the reception area where other clients are present. c. The information is revealed during plea bargaining. d. The information is revealed in a settlement conference.

The client tells the paralegal the information in the reception area where other clients are present.

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 lawyer a qualified privilege not to disclose d. The client a qualified privilege not to disclose

The client with an unqualified privilege not to disclose

Vicarious disqualification means that: a. The conflict of one person in a firm is imputed to all others in the firm b. The conflict of one person in a firm is not imputed to others in the firm c. All the lawyer's conflicts are ascribed to a paralegal d. None of the above

The conflict of one person in a firm is imputed to all others in the firm

In the corporate setting, which of the following people is the holder of the privilege? a. The lawyer b. The chief executive officer of the corporation c. The employee whose testimony is at issue d. The corporation itself

The corporation itself

Subornation of perjury is: a. The civil action brought against some who lies while testifying b. The rule that prohibits lawyers from advising clients to flee the jurisdiction c. The crime of counseling someone to commit perjury d. When multiple instances of perjury occur in the same case

The crime of counseling someone to commit perjury

"Skills" needed to work competently usually refers to: a. What lawyers and paralegals learn in substantive law courses b. The execution of tasks in the handling of a client matter c. Mastery of a body of knowledge in a specified area of law d. A and B

The execution of tasks in the handling of a client matter

Which of the following can be the basis for a malpractice suit? a. The lawyer has a conflict of interest. b. The lawyer loses the case. c. The lawyer does not get the client what he/she wants. d. The lawyer becomes ill during the trial

The lawyer has a conflict of interest.

Which of the following statements about court appearances and UPL is true? a. The right of self-representation is an exception to the prohibition against nonlawyers' representing others in court. b. About half of states prohibit nonlawyer representation of others in court. c. Paralegals are commonly allowed to make court appearances in nonadversarial matters. d. Certified paralegals can make court appearances under a lawyer's supervision.

The right of self-representation is an exception to the prohibition against nonlawyers' representing others in court.

The rules on trial publicity are based on a balance between: a. The rights to free association and fair trial b. The rights to fair trial and free expression c. The rights to confront witnesses and fair trial d. The rights to fair trial and the 14th amendment

The rights to free association and fair trial

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. Place the person with the conflict on leave immediately. c. Try to get consent of the clients involved and establish a screen. d. Get the person to agree in writing not to reveal any confidential information.

Try to get consent of the clients involved and establish a screen.

In Bates v. State Bar of Arizona: a. A consumer group challenged lawyer advertising b. Two lawyers challenged their discipline for advertising c. The State Bar challenged the ABA rules on advertising d. HALT sued Bates to allow advertising

Two lawyers challenged their discipline for advertising

In which of the following circumstances can an attorney reveal information that would otherwise be protected by the privilege? a. The client sues the lawyer for malpractice. b. The lawyer is prosecuted for a crime related to the representation. c. The lawyer is charged with ethics violations related to the representation. d. All of the above

all of the above

Professional negligence by a lawyer: a. Is the failure to exercise the standard of care commonly observed in other lawyers b. Can result in damages paid to the plaintiff for the loss of the client's legal rights c. Can result in damages for losing a case in which the client would have prevailed if the lawyer had not been negligent d. All of the above

all of the above

The privilege can be lost in which of the following circumstances? a. The client has a friend in the room while talking to the lawyer on the phone. b. The client tells a friend the information that is otherwise protected by the privilege. c. A lawyer reveals the information to several people not in the scope of the privilege. d. All of the above

all of the above

The rules prohibiting fee splitting are based on which of the following ethical principles: a. UPL b. Interference with independent professional judgment c. Solicitation d. All of the above

all of the above

Which of the following is a reason that a fee petition will be reduced by a court? a. The petition covered clerical or secretarial tasks b. The petition asked for a rate that is above the market rate c. The lawyer and paralegal included compensation for the same task d. All of the above

all of the above

Most states have ethics rules on fees that: a. Consider a number of factors in determining if a fee is excessive b. Do not consider whether fees are excessive c. Have a bright-line test for excessive fees d. Do not consider the lawyer's relationship with the client

Consider a number of factors in determining if a fee is excessive

The typical contingency fee is: a. 18.5% b. 25% c. 33% d. 40%

33%

In order to be considered a profession, an occupation usually requires which of the following characteristics? a. Educational requirements b. Self-regulation c. Exclusionary admission requirements d. A and B

A and B

In what kinds of cases are contingency fees prohibited? a. Divorce b. Criminal c. Corporate d. A and B

A and B

Lawyers can be prosecuted for engaging in UPL if they: a. Practice law in a state in which they are not licensed b. Practice law when they are under suspension c. Advise a client to break the law d. A and B

A and B

Paralegals should disclose their status as nonlawyers: a. To avoid being asked for legal advice b. To ensure that people don't think they are lawyers c. To prevent clients from telling them privileged information d. A and B

A and B

What kind of "work" falls under the work product rule? a. Mental impressions b. Informational material c. Information obtained in answers to interrogatories d. A and B

A and B

Which of the following is a proper role for the paralegal in the matter of a client's fee? a. The paralegal can quote typical fees with lawyer permission b. The paralegal can prepare the fee agreement c. The paralegal can sign the fee agreement for the lawyer d. A and B

A and B

Which of the following tasks are paralegals prohibited from performing by some states out of concern that the paralegal may need to give legal advice? a. Oversee the execution of a will b. Supervise a real estate closing c. Interviewing clients d. A and B

A and B

A lawyer can delegate which of the following tasks to a paralegal? a. Preparing a pleading b. Appearing in court to request a continuance c. Quoting basic fee information to a prospective client d. A and C

A and C

A third-party claim is: a. A claim by a non-client against a lawyer who, in representing a client, may have harmed the third person b. A claim by the third party to a lawsuit against one of the lawyers in the case c. A cross-complaint filed in a legal malpractice suit d. None of the above

A claim by a non-client against a lawyer who, in representing a client, may have harmed the third person

A gag order is: a. An agreement by the opposing parties that they will not talk to the press b. An agreement of the opposing counsel that they will not talk to the press c. A court order that restricts information or public comment about a case d. A court order that sanctions a lawyer for violating the ethics rules about trial publicity

A court order that restricts information or public comment about a case

An administrative agency is best described as: a. A government body responsible for the control and supervision of a particular activity or area of public interest b. A court of general jurisdiction c. A lower level quasi-judicial body d. None of the above

A government body responsible for the control and supervision of a particular activity or area of public interest

Which statement best describes a lawyer's duty regarding technology? a. A lawyer must have the latest technology software within six months of its release b. A lawyer only has to be able to check the currency of case law c. A lawyer must use paralegals to ensure technology is used properly d. A lawyer needs to keep up with technological developments in law practice

A lawyer needs to keep up with technological developments in law practice

Which of the following is the most likely to violate the ethics rules on advertising? a. A law firm has a website with general legal information on it. b. A lawyer participates in a blog about law. c. A lawyer participates in a webinar about legal issues. d. A lawyer sends a spam ad that goes to people all over the world.

A lawyer sends a spam ad that goes to people all over the world.

Issue or positional conflicts: a. Are a strict violation of the ethics rules in most states b. Happen when two clients are adversaries in a lawsuit c. Are an ethics violation if one client would be materially impaired d. Require consent and withdrawal

Are an ethics violation if one client would be materially impaired

State guidelines for the utilization of paralegal services: a. Have been adopted in every jurisdiction b. Are directly primarily at practicing attorneys c. Do not cover the ethical duties of paralegals d. Are usually adopted by the executive branch of the state government

Are directly primarily at practicing attorneys

Fee-shifting statutes: a. Have not yet been adopted in England and Canada b. Are commonly awarded to prevailing parties, whether plaintiff or defendant c. Are enacted to promote a public policy d. Have not been accepted by the organized bar

Are enacted to promote a public policy

Rules prohibiting solicitation: a. Have been overturned by the US Supreme Court b. Have been greatly modified by the US Supreme Court c. Are essentially the same as they have been for 30 years d. Have been abolished in ten states

Are essentially the same as they have been for 30 years

Paralegals who work as freelance/independent contractors: a. Are not subject to the same ethical rules as paralegals who are employed by firms b. Are only allowed to do so if they are certified by the state in which they practice c. Are required to adhere to the same UPL rules as employed paralegals d. Are exempt from supervision by a lawyer by virtue of their status as contractor

Are required to adhere to the same UPL rules as employed paralegals

Clients can consent to simultaneous representation: a. With notice and opportunity to be heard b. As long as it is not prohibited by law c. If the lawyer agrees d. None of the above

As long as it is not prohibited by law

Which of the following kinds of material and information are covered by the privilege? a. Physical evidence and testimonial evidence b. Communications made in the course of the law-client relationship c. All communications between a lawyer and client d. All communications between a lawyer, his/her employees and the client

Communications made in the course of the law-client relationship

The rules prohibiting lawyers from engaging in business transactions with clients: a. Cannot be overcome with client consent b. Do not apply to paralegals c. Can be consented by the client only if fair and reasonable to the client d. Require consent but not in writing

Can be consented by the client only if fair and reasonable to the client

Which of the following terms is defined as "a form of recognition of an occupation, usually undertaken voluntarily and based on a person's having met specific qualifications"? a. Certification b. Licensing c. Limited licensing d. None of the above

Certification

Malicious prosecution is: a. Criminal charges filed against a lawyer who engages in intentional misdeeds concerning a client matter b. Criminal charges filed against a lawyer for embezzling money from the client's trust account c. Civil lawsuit against a lawyer for bringing a case without probable cause d. Civil lawsuit against a lawyer for professional negligence

Civil lawsuit against a lawyer for bringing a case without probable cause

Which of the following is typically prohibited by state ethics rules? a. Testimonials b. Undignified ads c. Claims about quality d. Ads placed on the front doors of people's homes

Claims about quality

Which of the following best describes the general rules about client funds? a. Client money should be deposited into the lawyer's operating account and then disbursed to the client trust account b. 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 c. 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 d. 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

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

If you are traveling for client A and do work on the plane for client B, how should you bill your time? a. Bill both clients for the full time b. Deduct the time you spent for client B from client A's bill c. Bill half the cost of the air fare to each d. None of the above

Deduct the time you spent for client B from client A's bill

Which of the following is NOT one of the basic ethical duties about client property? a. Notify client of receipt of funds b. Deliver funds promptly c. Deliver funds within one month of receipt d. Provide a full accounting

Deliver funds within one month of receipt

The US Supreme Court has decided several cases on lawyer advertising. Which is NOT one of the rules that have come out of those cases? a. Lawyers can state the jurisdictions in which they are licensed to practice. b. Direct mail advertising is prohibited. c. Lawyers can only advertise areas of law they practice in if they are certified in those areas. d. Lawyers are prohibited from sending ads to victims within 30 days of an accident.

Direct mail advertising is prohibited.

Solicitation is defined as: a. Any unrequested contact with a prospective client b. Face-to-face contact with someone to offer legal services c. Direct unrequested contact with a prospective client to obtain employment d. Contact with a prospective client where there is unfair bargaining position

Direct unrequested contact with a prospective client to obtain employment

Which of the following is NOT one of the characteristics of a profession used by sociologists in studying occupations? a. Collegiality b. Prestige c. Overtraining d. Diversity

Diversity

Ethics rules about witnesses: a. Prohibit lawyers from preparing witnesses and clients to testify b. Prohibit lawyers from preparing witnesses to testify c. Do not prohibit preparing witnesses to testify d. Permit lawyers to give only information to witnesses, not advice

Do not prohibit preparing witnesses to testify

Which of the following is NOT a remedy for discovery abuse or filing unwarranted claims? a. Abuse of process lawsuit b. Disciplinary action c. Sanctions under contempt power d. Interlocutory malpractice suit

Interlocutory malpractice suit

Which of the following tasks can a paralegal perform when working with a prospective client: a. Interview the person and take detailed notes about the facts and legal issues b. Have the person sign an engagement letter agreeing to the representation c. Tell the person what the likely course of action will be d. Tell the person what he/she thinks will happen based on similar cases

Interview the person and take detailed notes about the facts and legal issues

The American Bar Association : a. Is the governing body for the legal profession b. Dictates state policy on lawyers c. Has 100,000 members d. Is a national professional association for lawyers

Is a national professional association for lawyers

Bribery: a. Is defined as the crime of giving or receiving something of value in payment for an official act b. Is included in the ethics codes by prohibiting lawyers from giving or lending anything of value to a judge c. Is also covered in the judicial canons d. All of the above

Is defined as the crime of giving or receiving something of value in payment for an official act

The practice of billing clients for paralegal time: a. Has not been widely accepted in the US b. Is not considered ethical c. Is prohibited by ethics rules d. Is endorsed by the ABA

Is endorsed by the ABA

What happens to privileged information if it is inadvertently disclosed during the course of a lawsuit? a. The privilege is automatically lost. b. The privileged information is automatically protected. c. The privilege is waived. d. It depends on the law in the jurisdiction

It depends on the law in the jurisdiction

Which of the following is NOT one of the primary arguments against licensing of paralegals? a. It would give recognition to paralegals when legal secretaries also deserve such recognition. b. It is unnecessary because lawyers are already accountable to the public. c. It would limit entry into the profession. d. It might stifle the development of the profession.

It would give recognition to paralegals when legal secretaries also deserve such recognition.

Which branch of government regulates the legal profession? a. Executive b. Legislative c. Judicial d. All of the above

Judicial

The ethics rules about competence generally require lawyers to: a. Keep clients reasonably informed about what is going on in their matters b. Provide monthly reports to clients about activities in their cases c. Submit monthly bills showing what they have done and the agreed-upon fee d. Take 10 hours of continuing education in their area of practice annually

Keep clients reasonably informed about what is going on in their matters

The most common bases for malpractice claims relate to: a. Lack of competence, fees, communication, and substance abuse b. Lack of competence and fees only c. Intentional acts and incompetence d. None of the above

Lack of competence, fees, communication, and substance abuse

Consumer fraud statutes have been used against lawyers to: a. Prosecute them criminally for cases where the lawyers prevailed in malpractice suits b. Provide damages for professional misconduct even when the plaintiffs could not have prevailed in a malpractice suit c. Attempt unsuccessfully to sue lawyers for false advertising d. None of the above

Provide damages for professional misconduct even when the plaintiffs could not have prevailed in a malpractice suit

The rules prohibiting ex parte communications with judges: a. Prohibit lawyers from talking to judges about cases, including those outside the court's jurisdiction b. Restrict social contacts with judges, except through authorized bar association activities c. Forbid lawyers and judges from attending the same continuing education activities d. Provide that lawyers may not communicate with the judge in a case without the presence of the opposing counsel

Provide that lawyers may not communicate with the judge in a case without the presence of the opposing counsel

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. Acted as a disincentive to lawyers to use paralegal services d. Paved the way for paralegal regulation

Provided an incentive for lawyers to use paralegal services

The federal law on overtime for paralegals is best described as: a. Not yet resolved by wage and hour laws b. Providing that paralegals are not generally exempt from overtime c. Providing that paralegals are generally exempt from overtime d. Stating that overtime is in the discretion of the employer

Providing that paralegals are not generally exempt from overtime

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 might: a. Allow the compensation at that rate b. Not reduce the fee c. Disallow the compensation d. Reduce the fee for those tasks to the fee that would normally be paid to a paralegal

Reduce the fee for those tasks to the fee that would normally be paid to a paralegal

Which of the following is NOT one of the designations for voluntary certification by a national paralegal association? a. Certified Legal Assistant b. Certified Paralegal c. Registered Legal Assistant d. Registered Paralegal

Registered Legal Assistant

Which group of people involved in a lawsuit is a paralegal prohibited from communicating with? a. Court personnel b. Opposing counsel c. Unrepresented persons d. Represented persons

Represented persons

The ABA Model Rules: a. Do not cover the responsibility of lawyers for nonlawyers working under their supervision b. Indicate that the lawyer is not responsible for nonlawyer misconduct if the paralegal is not certified c. Require both managerial and supervising lawyers to make reasonable efforts to ensure that nonlawyers behave ethically d. Hold lawyers absolutely responsible for the conduct of nonlawyers that they employ

Require both managerial and supervising lawyers to make reasonable efforts to ensure that nonlawyers behave ethically

Snitch rules: a. Require lawyers to report unethical conduct unless the lawyer in question is under their supervision b. Require lawyers to report misconduct of subordinates only c. Require lawyers to report misconduct only if a client is harmed d. Require lawyers to report unethical conduct

Require lawyers to report unethical conduct

The legal theory that holds employers responsible for the conduct of employees is called: a. Respondeat superior b. Res judicata c. Stare decisis d. None of the above

Respondeat superior

The first UPL statutes and rules: a. Restricted the right to appear in court on behalf of another b. Limited nonlawyers from giving legal advice c. Required law school and a bar exam d. None of the above

Restricted the right to appear in court on behalf of another

Historically, the legal profession is regulated at what level of government? a. Federal b. State c. County d. Federal and state

State

Some states have not followed the reasoning of Missouri v. Jenkins as they interpret and apply state fee award statutes based on which argument? a. Compensating for paralegal time is a way of gouging clients b. Paralegals add to the cost of legal services, and do not reduce it c. State legislatures should enact statutes that state specifically that fees should include compensation for paralegal time d. Compensation should be for costs, not market rates

State legislatures should enact statutes that state specifically that fees should include compensation for paralegal time

As a result of changes in the ethics rules, a. Lawyers can do any kind of ads they want b. Lawyers can do dignified advertising c. States cannot discipline lawyers at all for advertising d. States can adopt reasonable time, place and manner restrictions on ads

States can adopt reasonable time, place and manner restrictions on ads

While partnerships between lawyers and nonlawyers for the practice of law are generally prohibited: a. Some states allow paralegals to become silent partners in law firms b. California allows multi-disciplinary practice c. The District of Columbia allows some professionals to be partners in law firms d. The trend is to allow nonlawyer partnerships

The District of Columbia allows some professionals to be partners in law firms

The changes in the ethics rules about advertising were brought about because: a. The US Supreme Court overturned state ethics rules b. Several state bars decided to change the rules to address consumer need c. Pressure was brought by the ABA through its Model Rules d. Most lawyers strenuously objected to the restrictions on advertising

The US Supreme Court overturned state ethics rules

The work product rule is part of which of the following rules? a. The rule of confidentiality b. The attorney-client privilege c. The control group rule d. Sarbanes-Oxley Act

The attorney-client privilege

To address substance abuse problems that lead to disciplinary and malpractice problems: a. Law schools screen for substance abuse and do not admit students with such problems. b. The bar will not admit anyone with a history of substance abuse or alcoholism until they have been clean for five years. c. The bar has started "legal assistance" programs, which provide confidential counseling to lawyers with such problems. d. The bar has commissioned studies to prove that lawyers are not more inclined to substance abuse than other professions.

The bar has started "legal assistance" programs, which provide confidential counseling to lawyers with such problems.

What best describes the ethical situation when a prospective client sends an email with confidential client information to a lawyer? a. The lawyer has no duty of confidentiality unless the lawyer's website gave a reasonable expectation that there would be one. b. The lawyer has formed a lawyer-client relationship whether the lawyer intended to or not. c. The lawyer has formed a lawyer-client relationship as soon as he/she replies. d. The lawyer has a duty of confidentiality under any circumstances and may already be in a conflict situation.

The lawyer has no duty of confidentiality unless the lawyer's website gave a reasonable expectation that there would be one.

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 necessary c. The lawyer's testimony is deemed unnecessary d. The lawyer's testimony is optional at the call of the client

The lawyer's testimony is deemed necessary

What is most likely to happen if a paralegal is negligent? a. Discipline by the state bar b. The paralegal is a named defendant in a malpractice c. The paralegal loses his/her job d. All of the above

The paralegal loses his/her job

If a lawyer disobeys a court order: a. The only remedy is contempt b. The remedy can be contempt and an ethics charge c. Jail time is automatic d. A fine is automatic

The remedy can be contempt and an ethics charge

Several studies about lawyer advertising have been done. Which of the following is NOT one of the findings? a. The reputation of lawyers with the general public has declined because of advertising. b. The public considers the ads a valuable source of information. c. The public objects when advertising is invasive. d. Lawyer advertising does not work.

The reputation of lawyers with the general public has declined because of advertising.

Which statement best describes the status of diversity in the legal profession? a. The proportion of diverse lawyers and paralegals is about the same as it is in the general population b. Law schools are enrolling an average of about 50 percent diverse students c. The proportion of diverse lawyers is rising rapidly d. There is a large disparity between diversity in the general population and the legal profession

There is a large disparity between diversity in the general population and the legal profession

Nonlawyer legal service providers argue that they are not engaging in UPL because: a. They are providing legal information, not legal advice b. They are just as well qualified as lawyers c. They are entitled to practice law d. They are as effective as lawyers in providing legal services

They are providing legal information, not legal advice

What is the exception to the ethics rule against making unmeritorious claims and defenses? a. They can be brought with the client's informed written consent b. They can be brought to force the other party to expend funds to defend the case c. They can be brought to challenge the existing law d. There are no exceptions

They can be brought to challenge the existing law

As a result of Missouri v. Jenkins: a. Thousands of fee awards that included market-level compensation for paralegal time have been made in federal courts b. Many states have amended statutes to allow paralegal time at market rates in attorney fee awards c. Many states have adopted statutes to prohibit the award of fees for paralegal time d. None of the above

Thousands of fee awards that included market-level compensation for paralegal time have been made in federal courts

The lawyer's duty under the privilege is: a. To protect the confidential information regardless of what the client says b. To advise the client of the privilege and to protect the privileged information c. To waive the privilege as needed d. None of the above

To advise the client of the privilege and to protect the privileged information

The purpose of the work product rule is: a. To ensure that there is open discovery b. To protect the work of lawyers in preparing cases c. To promote transparency in litigation d. To guard against lawyers having to redo work

To protect the work of lawyers in preparing cases

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 meet with the employee daily to review work c. To refrain from aiding in UPL d. To conduct regular ethics training

To refrain from aiding in UPL

The trend in titles for paralegals in this country is: a. Toward the use of legal assistant b. Toward the use of paralegal c. Toward the use of both titles equally d. Toward the use of paralegal, legal assistant and legal technician

Toward the use of paralegal

Which is the following does NOT constitute giving legal advice? a. Recommending a course of conduct to a client b. Updating a client about the status of his/her case c. Outlining a client's rights d. Interpreting a case for a client

Updating a client about the status of his/her case

What is the best description of the use of paralegal services in this country? a. Use of paralegals is most prevalent in large law firms b. There are paralegals in virtually all small law firms c. The role of the paralegal is well understood by lawyers d. The role of the paralegal has not evolved much

Use of paralegals is most prevalent in large law firms

The paralegal role in communicating with clients is: a. Not very important because paralegals have to be wary about giving legal advice b. Not very important because paralegals do not usually have much client contact c. Very important because paralegals often act as a liaison to clients and a source of information for them d. Very important because usually most communication between lawyers and clients is filtered through the paralegal

Very important because paralegals often act as a liaison to clients and a source of information for them

Practicing law without a license: a. Violates federal law b. Violates state law in most jurisdictions c. Violates county ordinances d. All of the above

Violates state law in most jurisdictions

Flat fees are typically used in what kind of legal matters? a. Personal injury b. Wage-earner bankruptcy c. Business litigation d. Intellectual property

Wage-earner bankruptcy

Simultaneous representation is: a. When a lawyer represents two clients whose interests are currently adverse b. Applies only in litigation c. Does not apply to paralegals d. Only occurs when lawyers or paralegals change jobs

When a lawyer represents two clients whose interests are currently adverse

When should a law firm conduct a conflicts check? a. When deciding what candidates to interview for a new position b. When it is ready to offer a paralegal a position c. At regular intervals, e.g., every week d. Only when hiring someone new

When deciding what candidates to interview for a new position

The current version of the ABA ethics rules is called the: a. Model Rules of Professional Conduct b. Model Code of Professional Responsibility c. Canons of Professional Ethics d. Model Canons of Professional Responsibility

a. Model Rules of Professional Conduct

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. Suspension, reproval, disbarment c. Disbarment, suspension, reprimand d. Probation, disbarment, suspension

a. Reprimand, suspension, disbarment

An example of a third-party claim is: a. The purchaser of securities for which the securities statement contained false information that inflated the stock price b. The bank who relied on a lawyer's opinion latter about the viability of a company to lend money c. An intended beneficiary who is inadvertently left out of an estate plan d. All of the above

all of the above

Because of problems with billing abuses, some corporate clients now: a. Request law firms to make proposals for services b. Use task-based billing c. Require itemized bills d. All of the above

all of the above

Destruction of evidence in a case can result in: a. Contempt charges b. Obstruction of justice charges c. A civil action for spoliation d. All of the above

all of the above

The current climate for legal education is: a. Robust with growing enrollments and high employment b. Improving with incremental enrollments and soft employment c. Challenging as many commentators are calling for major reforms d. b and c

b and c

Lawyers cannot generally accept gifts from clients: a. If the gift is worth a lot of money b. Under any circumstances c. If the lawyer drafts the document relating to the gift d. If the lawyer is a probate lawyer

c. If the lawyer drafts the document relating to the gift

Informed consent: a. Requires the lawyer to disclose the facts about the conflict b. Requires the lawyer to explain advantages and disadvantages c. Requires the lawyers to pose alternatives d. All of the above

d. All of the above

What is most accurate statement about the paralegal's ethical duty if a person is not represented by counsel? a. There is no ethical duty b. The paralegal does not have to reveal who her/his firm represents c. The paralegal should not advise the person to get his/her own counsel d. The paralegal should be sure that the person knows that he/she is not represented by the lawyer that the paralegal works for

the paralegal should be sure that the person knows that he/she is not represented by the lawyer that the paralegal works for