Question 1

The best way to handle ethical problems is to _____________________. ​

Accepted Answer

A) contact your supervising attorney 
B) wait and see if the problem resolves itself 
C) cover up the problem 
D) be familiar with the state's ethical rules and think conservatively 
E) a and d 
A) contact your supervising attorney 
B) wait and see if the problem resolves itself 
C) cover up the problem 
D) be familiar with the state's ethical rules and think conservatively 
E) a and d

Question 2

Paralegals _____________________. ​

Accepted Answer

A) cannot draft any part of a will 
B) cannot draft any part of a motion 
C) cannot draft any part of a brief 
D) all of the above 
E) can draft all documents under the supervision of an attorney 
A) cannot draft any part of a will 
B) cannot draft any part of a motion 
C) cannot draft any part of a brief 
D) all of the above 
E) can draft all documents under the supervision of an attorney

Question 3

Regarding the unauthorized practice of law, what factors do courts NOT consider when determining if a paralegal was "practicing law"? ​

Accepted Answer

A) Did the paralegal represent a client in a court proceeding? 
B) Did the paralegal prepare documents without attorney supervision? 
C) Did the paralegal give legal advice to a client? 
D) Did the paralegal at some point merely talk to the client without a lawyer present? 
E) None of the above 
A) Did the paralegal represent a client in a court proceeding? 
B) Did the paralegal prepare documents without attorney supervision? 
C) Did the paralegal give legal advice to a client? 
D) Did the paralegal at some point merely talk to the client without a lawyer present? 
E) None of the above

Question 4

Explain situations where a conflict of interest arises. ​

Accepted Answer

When an attorney/paralegal has a persona

Question 5

Legal ethics is important because ___________________________. ​

Accepted Answer

A) it can result in discipline against attorneys in a law office 
B) it bears on whether quality legal services are being provided 
C) it is directly related to the attorney-client relationship 
D) unethical behavior can affect a law firm's reputation 
E) all of the above 
A) it can result in discipline against attorneys in a law office 
B) it bears on whether quality legal services are being provided 
C) it is directly related to the attorney-client relationship 
D) unethical behavior can affect a law firm's reputation 
E) all of the above

Question 6

What type of paralegals are more prone to problems with the unauthorized practice of law? ​

Accepted Answer

A) paralegal managers 
B) government paralegals 
C) corporate paralegals 
D) legal technicians 
E) none of the above 
A) paralegal managers 
B) government paralegals 
C) corporate paralegals 
D) legal technicians 
E) none of the above

Question 7

Unethical behavior on the part of a paralegal ______________. ​

Accepted Answer

A) is usually overlooked because paralegals are not covered by attorney ethical rules 
B) hardly ever leads to serious problems ​ 
C) usually does not injure a client 
D) cannot cause the paralegal to lose his or her job 
E) none of the above 
A) is usually overlooked because paralegals are not covered by attorney ethical rules 
B) hardly ever leads to serious problems ​ 
C) usually does not injure a client 
D) cannot cause the paralegal to lose his or her job 
E) none of the above

Question 8

When an attorney or paralegal in a law office has a conflict of interest, the whole firm must automatically be disqualified. ​

Accepted Answer

A) True 
 B)False

Question 9

If an attorney ignores a client matter, the attorney has violated the duty of ______. ​

Accepted Answer

A) competence 
B) diligence 
C) client confidentiality 
D) attorney-client privilege 
E) none of the above 
A) competence 
B) diligence 
C) client confidentiality 
D) attorney-client privilege 
E) none of the above

Question 10

A conflict of interest occurs when an attorney or a paralegal __________________. ​

Accepted Answer

A) dislikes the client 
B) is a substantial witness in a case 
C) has a personal or financial interest in the case 
D) b and c 
E) all of the above 
A) dislikes the client 
B) is a substantial witness in a case 
C) has a personal or financial interest in the case 
D) b and c 
E) all of the above

Question 11

For the attorney-client privilege to be invoked, the communication must be made in confidence for the purpose of obtaining legal advice. ​

Accepted Answer

A) True 
 B)False

Question 12

An exception to disqualifying a whole firm when a problem with conflict of interest arises is ___________________. ​

Accepted Answer

A) an ethical violation 
B) called Chinese torture 
C) called an Ethical or Chinese Wall 
D) up to the court 
E) a and d 
A) an ethical violation 
B) called Chinese torture 
C) called an Ethical or Chinese Wall 
D) up to the court 
E) a and d

Question 13

Before accepting a case, a law office should always ___________________. ​

Accepted Answer

A) perform a conflicts check 
B) check with the attorneys and paralegals to make sure no conflict exists 
C) review past cases to see if the firm was ever on a case regarding potential clients 
D) a and c 
E) all of the above 
A) perform a conflicts check 
B) check with the attorneys and paralegals to make sure no conflict exists 
C) review past cases to see if the firm was ever on a case regarding potential clients 
D) a and c 
E) all of the above

Question 14

When a client loses confidence in a firm, the client may ______________________. ​

Accepted Answer

A) take his or her business elsewhere, having a short-term negative effect on the firm 
B) take his or her business elsewhere, having a long-term negative effect on the firm 
C) send more of his or her business to the firm 
D) a and b 
E) all of the above 
A) take his or her business elsewhere, having a short-term negative effect on the firm 
B) take his or her business elsewhere, having a long-term negative effect on the firm 
C) send more of his or her business to the firm 
D) a and b 
E) all of the above

The best way to handle ethical problems is to _____________________.

Paralegals _____________________.

Regarding the unauthorized practice of law, what factors do courts NOT consider when determining if a paralegal was "practicing law"?

Explain situations where a conflict of interest arises.

Legal ethics is important because ___________________________.

What type of paralegals are more prone to problems with the unauthorized practice of law?

Unethical behavior on the part of a paralegal ______________.

When an attorney or paralegal in a law office has a conflict of interest, the whole firm must automatically be disqualified.

If an attorney ignores a client matter, the attorney has violated the duty of ______.

A conflict of interest occurs when an attorney or a paralegal __________________.

For the attorney-client privilege to be invoked, the communication must be made in confidence for the purpose of obtaining legal advice.

An exception to disqualifying a whole firm when a problem with conflict of interest arises is ___________________.

Before accepting a case, a law office should always ___________________.

When a client loses confidence in a firm, the client may ______________________.

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Exam 3: Ethics and Malpractice