Module 16 Ethics Quiz
Contingency fees can be used to compensate an expert under which circumstance?
When the expert is acting only as a consultant, not a witness.
Externally enforced ethical rules with sanctions that can restrict a professional's practice, are more accurately described as which of the following?
Laws
List three obvious ethical errors:
*All of the above* 1. Don't present false data or alter data. 2. Don't report work that was not done. 3. Don't ignore available contradictory data. 4. Don't ignore available contradictory data. 5. Don't do work beyond your expertise or competence. 6. Don't allow the attorney who retained you to influence your opinion in an unauthorized way. 7. Don't accept an assignment if it cannot reasonably be done in the allowed time. 8. Don't reach a conclusion before you have done complete research. 9.Don't fail to report possible conflicts of interest.
You should take these four steps to handle a deposition in which physical circumstances are uncomfortable:
*True* 1. Ask the attorney to correct the situation. 2. If the situation is not corrected, note these conditions into the record, and repeat noting them as long as the conditions persist. 3. After you have noted the problem into the record, you can refuse to continue with the deposition. Generally, you should consult with an attorney before taking this step. 4. If you think the behavior was serious enough that you can justify refusing to continue, consider reporting the attorney to his or her state bar association.
List three or more factors courts have used in determining whether to disqualify an expert. (The type of information conveyed to the expert, amount of time involved in discussions or meetings, and whether the expert provided the attorney with confidential information are three factors courts have used in determining whether to disqualify an expert.)
-Whether the attorney informed the expert that their discussions were confidential. -Whether the expert was asked to sign a confidentiality agreement. -Whether the expert reviewed materials marked as confidential or attorney work product. -Number of discussions held over a period of time. -Whether the attorney formally retained the expert. -Whether the expert was requested to perform services for the attorney.
All expert witnesses must be members of associations that license them. True or False?
False
Codes of professional conduct or responsibility set the highest standards for professional's expected performance. True or False?
False
Ethical obligations are duties that you owe only to others. True or False?
False
Even in the light of recent developments in technology, you shouldn't change your opinion from one you testified to in a previous case.
False
What purpose does making your own recording during a deposition serve?
It allows you to review your testimony with your attorney during breaks.
When you begin a conversation with an attorney about a specific case, what should you do?
Refuse to discuss details until a retainer agreement is returned (*otherwise you could be declared disqualified for testimony* because you can be witnessed as having discussed the case with another attorney or juror)
In the United States, no state or national licensing body specifically licenses computer forensics examiners. True or False?
True
Standards that others apply to you or that you're compelled to adhere to by external forces (such as licensing bodies) and your own internal rules you use to measure your performance are two types of ethical standards.
True
An unethical technique occurs when an opposing counsel might attempt to make discovery depositions physically uncomfortable.
True (other tactics include the attorney who has set the deposition neglecting to have payment ready for you)
What are some risks of using tools you have created yourself?
You might have to share the tool's source code with opposing counsel for review
List three organizations that have a code of ethics or conduct.
a: ISFCE, IACIS, AMA b: IACIS, APA, ABA (both a and b)