Quiz 6 Chapter 6

A  True

B  False

A  Do a conflict check and verify the information provided by the potential client

B  Obtain a written fee agreement and include all pertinent client contact information

C  Communicate clearly to the potential client that no services will be performed until the retainer check is cleared by the bank

D  Always deposit 3rd party funds into the trust account and pay the client as soon as the funds are available

A  False

B  True

A  contemporaneous billing

B  lodestar billing

C  block billing

D  bill padding

A  Notify client of receipt of funds

B  Provide a full accounting

C  Deliver funds promptly

D  Deliver funds within one month of receipt

A  Equal in seriousness to conversion

B  Mixing of clients funds with the lawyer’s funds

C  Not unethical as long as the funds are separately booked

D  Permitted if the lawyer does not have a client trust account

A  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.

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 money should be deposited into the lawyer’s operating account and then disbursed to the client trust account

D  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

A  Nonlawyers cannot be included in law firm bonus plans

B  Nonlawyers can be included in law firm retirement and bonus plans

C  Nonlawyers can be included in law firm retirement plans but not bonus plans

D  None of these

A  Lawyers can sometimes split fees with a paralegal

B  Lawyers can never split fees under any circumstances

C  Lawyers can sometimes split fees with another lawyer

D  Lawyers can split fees with independent contractors

A  Allow the compensation at that rate

B  Disallow the compensation

C  Not reduce the fee

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

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

B  Rates no more than ten percent above the market

C  Rates at least ten percent below market

D  One rate for all paralegals

A  The petition covered clerical or secretarial tasks

B  All of these

C  The lawyer and paralegal included compensation for the same task

D  The petition asked for a rate that is above the market rate

A  Detailed descriptions of the work performed

B  Firm and market rates and practices

C  All of these

D  The paralegals’ credentials and experience

A  None of these

B  Many states have adopted statutes to prohibit the award of fees for paralegal time.

C  No states have amended statutes to allow paralegal time at market rates in attorney fee awards

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

A  Found a federal fee statute unconstitutional

B  Acted as a disincentive to lawyers to use paralegal services

C  Provided an incentive for lawyers to use paralegal services

D  Paved the way for paralegal regulation

A  Could include paralegal time at market rates

B  Could not include paralegal time at market rates

C  Could only include paralegal time at cost

D  Could not include paralegal time at all

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 fare to each

D  None of these

A  2500

B  2000

C  1000

D  1500

A  All of these

B  Fees cannot be unconscionable

C  Fees cannot be excessive

D  Fees cannot be for illegal activity

A  Retainer

B  Contingency

C  Flat

D  Hourly

A  Contingency Fee Agreements

B  where reasonably foreseeable expense to a client will exceed $1,000

C  Both of these

A  Criminal

B  Corporate

C  Divorce

D  Divorce and Criminal