Midterm Exam Part 1

A  All of these

B  Representing spouses in a dissolution of marriage

C  Representing two criminal defendants in one case

D  Representing passenger and driver in a car accident case

A  Place the person with the conflict on leave immediately

B  Get the person to agree in writing not to reveal any confidential information

C  Terminate the employment of the person with the potential conflict

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

A  Public defender’s office paying the salary of a public defender

B  Parents paying for a child’s legal fees

C  Any time unless the third party interferes with the representation

D  All of these

A  Prohibit collection of fees from one of the clients

B  Disallow continued representation of the two clients

C  Allow the firm to continue representation

D  All of these

A  Loyalty and confidentiality

B  Confidentiality

C  Loyalty

D  Zealous representation

A  The lawyer’s testimony relates to an uncontested matter

B  The lawyer’s testimony is deemed unnecessary

C  The lawyer’s testimony is deemed necessary

D  The lawyer’s testimony is optional at the call of the client

A  With a signed promissory note

B  Except for living expenses during litigation

C  Except for advancing costs of litigation

D  Under any circumstances

A  Prohibits the lawyer from revealing any privileged information

B  Mandates that the client reveal the protected information

C  None of these

D  Allows the lawyer to reveal privileged information if the client is planning a crime

A  Quoting basic fee information to a prospective client

B  Drafting a settlement agreement

C  Appearing in court to request a continuance

D  Preparing a pleading

A  To guard against lawyers having to redo work

B  To ensure that there is open discovery

C  To protect the work of lawyers in preparing cases

D  To promote transparency in litigation

A  A lawyer reveals the information to several people not in the scope of the privilege

B  The client tells a friend the information that is otherwise protected by the privilege

C  All of these

D  The client has a friend in the room while talking to the lawyer on the phone

A  Only if the client is seeking legal advice

B  Only after the initial consultation

C  If the client is seeking any kind of advice

D  Only if the client is paying a fee

A  The lawyer with an unqualified privilege not to disclose

B  The client with an unqualified privilege not to disclose

C  The client a qualified privilege not to disclose

D  The lawyer a qualified privilege not to disclosure

A  The privilege does not extend to nonlawyer legal service providers like corporate paralegals

B  None of these

C  Paralegals in corporate law departments are generally unsupervised.

D  Being found to work autonomously with the consequence that the privilege does not apply

A  Client interviews

B  Factual research

C  Legal theories

D  Witness statements

A  Do not post confidential client information

B  Use only the law firm blog or Facebook page

C  Use fake names to protect the identity of clients

D  Do it anonymously

A  The client sues the lawyer for malpractice

B  The lawyer is charged with ethics violations related to the representation

C  All of these

D  The lawyer is prosecuted for a crime related to the representation

A  Contact the judge ex parte to request nondisclosure

B  None of these

C  Turn them over no matter what because the court has so ordered

D  Invoke the privilege and argue to protect the privilege

A  A rule of evidence law

B  The same as the ethics rules on confidentiality

C  Broader than the ethics rules on confidentiality

D  None of these

A  Are necessary for the protection of the attorney-client privilege

B  Are the basis for the rule of confidentiality extending to the paralegal

C  Prohibit paralegals from revealing confidential information about clients

D  Allow paralegals to assert the privilege in court

A  Paralegals are prohibited from preparing clients for depositions

B  Paralegals do not usually work in litigation so rarely get involved in depositions

C  A paralegal cannot be prosecuted for UPL for taking a deposition.

D  Paralegals can attend depositions with the lawyer present to take notes, to assist and to observe

A  A paralegal signing a cover letter enclosing legal documents

B  A paralegal carrying business cards with his/her title and firm name.

C  A paralegal signing a letter that contains legal advice

D  A paralegal having her/his name on the firm letterhead

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

A  To refrain from aiding in UPL

B  To run a background check when hiring

C  To meet with the employee daily to review work

D  To conduct regular ethics training

A  The provider is a Legal Document Assistant in a state like California that regulates LDAs

B  None of these

C  The client gives the person a power of attorney

D  The client signs a disclaimer stating that he/she understands that the provider is not a lawyer

A  They are authorized by statute or court rule to give legal advice

B  They are certified by the state

C  They do not give legal advice or represent people in court

D  They are serving an under-represented group of persons

A  are not protected by the attorney-client privilege

B  have limited protection from the privilege

C  are fully protected by the attorney-client privilege

D  are protected so long as the paralegal is certified

A  Help the customer decide what to put on a form

B  Fill in forms at the customer’s instructions

C  Provide self-help materials to customers

D  Tell the customer where the court house is

A  Paralegals should not sign pleadings for the lawyer

B  Paralegals can sign pleadings if they are certified

C  Paralegals do not usually have much to do with pleadings

D  Paralegals can sign pleadings on behalf of the lawyer

A  Licensing

B  Certification

C  Limited licensing

D  None of these

A  Legal assistant

B  Legal technician

C  Attorney assistant

D  Paralegal

A  The circumstances surrounding the offense.

B  The extent to which the lawyer cooperated in the investigation

C  The lawyer’s educational credentials, including the law school attended

D  The lawyer’s reputation and contributions to the community

A  Legislative

B  Executive

C  All of these

D  Judicial

A  Probation, disbarment, suspension.

B  Disbarment, suspension, reprimand

C  Reprimand, suspension, disbarment

D  Suspension, reproval, disbarment

A  Is a form of criminal prosecution for lawyer misconduct when the misconduct is severe and egregious

B  Is the intentional improper conduct of a legal professional in the performance of duties

C  Is a method that a court may use to sanction a lawyer when the lawyer engages in misconduct during court proceedings while representing a client.

D  Is the improper conduct in the performance of duties by a legal professional, whether intentional or negligent

A  Federal

B  County

C  Federal and state

D  State

A  Upheld by the courts

B  Binding on paralegals

C  Binding on lawyers

D  Advisory only

A  A state bar in which membership is compulsory

B  A state bar that includes all racial-ethnic groups

C  A state bar in which membership is voluntary

D  A state bar that is run jointly by the executive and judicial branch.