LA 102 Final

The first ABA Model Code of Ethics, written in ______, prohibited any means of advertising other than printed business cards with the attorney's contact information.

1908

__________________ is a term used to describe attorneys that make direct in-person or mailed solicitation to injured persons very shortly after an acident.

Ambulance Chaser

The U.S. Supreme Court acknowledged "that an advertising diet limited to such spartan fare would provide scant nourishment" in the case of ___________________.

Bates v. State Bar of Arizona

A supervisory attorney is responsible for the conduct of:

Both attorneys and support staff

A ____________ firm is a law firm that handles highly detailed and related matters that require specialized knowledge and experience.

Boutique

What is ex parte communication?

Communication with the judge or staff about the merits of the case without the other party involved.

An attorney's cessation of the performance of legal work due to the client's insistence on pursuing unethical or imprudent means to achieve its desired result in the legal matter.

Constructive discharge

_______________ is an employment clause that prohibits an employee from leaving his job and going to work for a competitor for a specified period of time in a particular area doing substantially similar work.

Covenant not to compete

A client's incapacity to understand legal ramifications of his decisions, as a result of immaturity or of some mental or physical infirmity.

Diminished capacity

ABA Model Rule 3.3 states, "Attorneys and paralegals should, but are not obligated to, correct any previously made false statement of material fact."

False

An attorney can share his fee with any nonlawyer.

False

An attorney must have his or her hands on all the supporting documentation at the time the pleadings are filed.

False

Attorneys are generally immune from the economic principle of supply and demand.

False

Conjecture and hypothesis based upon legal theory may be the sole basis for a claim.

False

Covenants not to compete are always enforceable.

False

Prolonging a matter in order to gain strategic or financial advantage or simply to wear down the opposition's patience is an acceptable attorney practice.

False

Studies have indicated comments about past successes seldom create unjustified expectations of similar outcomes in the future without taking into account the peculiarities of the particular cases.

False

There is no ethical requirement that an attorney must set a reasonable fee for his or her services in order for the client to determine whether or not to enter into the relationship, by weighing the cost with the expected benefit in going forward.

False

The appointment of a third party who has the legal authority and fiduciary duty to care for a diminisshed person and/or his property.

Guardianship/conservatorship

According to your text, the underlying foundation of the entire justice system is __________.

Honesty

Which of the following is NOT a factor to consider when determining the reasonableness of attorney's fees?

How busy the attorney is

The best practice for keeping track of billiable hours is to:

Keep a detailed written or electronic record of what work was done for the specific client during or directly after the time the work was done.

The phrasing of a question so as to suggest the desired result is called a __________________.

Leading question

_____________ is synonymous with unbundling.

Limited scope representation

A wrongful, unethical, or tortious act

Malfeasance

The lessening of the harmful effects of a course or action

Mitigation

Acts that are not done intentionally, but that do not comply with the standard of ordianry care and thought neeeded to fullfil the relevant ethical obligations.

Negligent Misconduct

__________________ is defined as Acts that are not done intentionally, but that do not comply with the standard of ordinary care and thought needed to fulfill the relevant ethical obligations.

Negligent Misconduct

In deciding whether an attorney signing a pleading made a reasonable inquiry into the facts and law of a case, the court uses a(n) _______________ standard.

Objective

In Florida, the court found the image of a(n) ___________ misleading forcing a law firm to change their advertising.

Pit Bull

The adoption, as one's own, of the words or actions of another person.

Ratification

A client's firing of the attorney for the attorney's failure to pursue the client's unethical or imprudent course in handling its legal affairs.

Retaliatory discharge

Which constitutional amendment is implicated by attorney advertising restrictions?

The First Amendment

An attorney's ongoing duty of candor to the tribunal requires:

The attorney to present only information which he reasonably believes to be true

Which of the following is not a situation where a lawyer may withdraw her representation (permissive withdrawal)?

The lawyer is annoyed by the client.

Which of the following is NOT a factor to consider when determining the reasonableness of attorney's fees?

The number of the attorney's past victories

Which of the following is NOT a factor to consider when determining the reasonableness of attorney's fees?

The size of the attorney's staff.

The primary purpose for restrictions on advertising is:

To protect the public from misleading information.

What is another word for a court or adjudicatory body?

Tribunal

A common method of misleading a potential client in advertisement is to refer to past, positive results in handling client matters.

True

A court's evaluation of the "customary fee" begins with testimony from attorneys regarding the fees charged by them and their colleagues.

True

An attorney must promise that he is not bringing the matter to court just to bully another party.

True

Double-billing is the practice of charging two clients for the same time period.

True

Federal Rule 11 must not be construed so as to conflict with the primary duty of an attorney to represent his or her client zealously.

True

For a supervising attorney, the failure to act to remediate the violative actions of the subordinate attorney is an unethical omission with sanctionable consequences.

True

Historically, attorneys were not permitted to advertise their services at all.

True

In New York, full disclosure of the fact that an advertisement uses actors or dramatizations must be prominently made in an advertisement.

True

Malfeasance is defined as a wrongful, unethical, or tortious act.

True

The U.S. Supreme Court determined prohibiting attorneys from advertising was a First Amendment Free Speech violation.

True

The amount of money at stake or the value placed on the results by the client also plays a part in determining whether the fee is reasonable.

True

The attorney must determine whether the paralegal's tasks will be billable and/or recoverable.

True

The ban on advertising originated in Great Britain as a rule of etiquette and not as a rule of ethics.

True

The courts are apt to take a more expansive view of what legal authority should be disclosed to the tribunal.

True

The purpose of the billed paralegal work must be sufficiently specified so that the court can make a determination that the paralegal work was a necessary element in preparing the matter.

True

The retainer agreement that creates the service contract between the attorney and client varies widely.

True

The rules of advertisement and solicitation apply to any and every kind of communication: oral, written, or electronic.

True

The supervision of attorneys by other attorneys in their firm is one of the most effective methods of preventing attorney misconduct.

True

In which of the following situations will a supervising attorney NOT be held responsible:

Where a subordinate carefully hides his conduct from the supervising attorney, who is dilligently supervising the law firm

An attorney may not talk to a __________________ without permission.

represented party