Exam 3: Ethics and Malpractice

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When do paralegals usually have problems with conflicts of interest? ​

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When they switch employers and the old and new employers have cases in common, and when the paralegal worked on one of the common cases for the old employer. ​

The ABA Model Rules of Professional Conduct _________________. ​

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C

Under the ABA Model Rules, a lawyer having direct supervisory authority over a nonlawyer _____________. ​

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An attorney or paralegal ______________________. ​

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Law offices should not send out letters when they have decided to decline to represent a potential client. ​

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Paralegals do not typically experience problems with conflict of interest when switching employment. ​

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An ethical rule is a ___________________. ​

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State ethical rules that regulate attorney conduct _________________. ​

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National paralegal association codes of ethics are ______________________. ​

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What is the purpose of protecting attorney-client communications? ​

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A common cause of legal malpractice is poor communication with the client. ​

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What is a legal technician? ​

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The attorney-client privilege _______________. ​

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What factors do courts use when deciding whether a layperson has "practiced law"? ​

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Match the followings.
Self-imposed ethical standards that also serve as a prototype of legal ethics standards for state court systems.
Ethical Wall
Minimal standard of conduct.
attorney-client privilege
Standard that precludes the disclosure of private communications between a lawyer and a client by the lawyer.
legal technicians
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Premises:
Responses:
Self-imposed ethical standards that also serve as a prototype of legal ethics standards for state court systems.
Ethical Wall
Minimal standard of conduct.
attorney-client privilege
Standard that precludes the disclosure of private communications between a lawyer and a client by the lawyer.
legal technicians
Keeping information exchanged between a client and law office staff private.
ABA Model Code of Professional Responsibility/Professional Conduct
People who market their legal services directly to the public.
legal malpractice
Term for a technique used to isolate the paralegal or attorney with a conflict of interest from having anything to do with a case.
conflict of interest
Competing personal or professional interest that would preclude an attorney or paralegal from acting impartially toward the client.
client confidentiality
Possible consequence when an attorney's or a law office's conduct falls below the standard skill, prudence, and diligence that an ordinary lawyer would possess or that is commonly available in the legal community.
ethical rule
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What is an ethical rule, and who is it applicable to? ​

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Attorneys have a duty to _________. ​

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Legal advice may be __________________. ​

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The attorney-client privilege extends to paralegals.

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What does "competent representation" require, according to the Model Rules ? ​

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