Exam 2: Ethics

A paralegal, who is also a notary public, is employed by a large law firm. The law firm represents a top-twenty bank that, among other lines of business, owns mortgages sold to buyers of residential property and processes the mortgage payments. An associate is assigned to process the judicial foreclosure on 100 mortgages owned by the bank, but notices that none of the affidavits provided by the bank (and required for foreclosure) have been notarized. The associate brings the affidavits to the paralegal and asks her to notarize them. How should the paralegal respond?

Marla is a paralegal who works for Jennifer, the senior partner in a mid-size law firm. Jennifer is responsible for overseeing the business and trust accounts for the firm. One day when the firm's bookkeeper was on vacation, Jennifer reviewed the bank statement that she just received and realizes that the firm needs to pay the monthly service charge to the bank for trust account. Jennifer prepares a check from the business account payable to the trust account for the amount of the service charge. She then asks Marla to take the check to the bank, which is next door, and deposit it into the trust account. Are Jennifer and the law firm permitted to pay the service charge in this manner?

As a general statement, paralegals may not _______________________________.

Model Rule 3.2 requires that a lawyer "make reasonable efforts to expedite litigation consistent with the interests of the client." Which of the following is NOT an example of failing to expedite litigation?

A certified paralegal was employed by a small law firm and was also responsible for the bookkeeping. The paralegal prepared a check from the trust account payable to a friend. Her employer signed the check along with several other checks related to client matters. Her friend cashed the check and split the money with the paralegal. A few days later, the paralegal fully reimbursed the trust account by a cash deposit equal to the amount of the check to her friend. Which of the following are possible consequences for the paralegal?

Under the Model Rules, a lawyer may not pay for a recommendation of the lawyer's services, except for which of the following?

Paula is a paralegal for John, an attorney who practices in estate planning and Elder law. The attorney represents Millie, a wealthy widow in her late 80s with no children. Until recently, Millie had been lucid and quite active in the senior community. Millie's estate was rather complex, and John had been in regular contact with Millie because Millie wants to minimize her estate taxes and a limited partnership was formed to help meet that goal. Now, however, John has not spoken with Millie for several months although he has left several voicemail messages and mailed letters to her. John is concerned because it is mid-December and several matters need to be addressed before the end of the year to continue meeting Millie's goal of minimizing her estate taxes. Finally, Millie calls John, but claims she has never heard of him before and wants him and all the other aliens to stop bothering her. Does John have any obligations toward Millie in this situation?

Which of the following federal agencies permit non-lawyers to represent others in proceedings before the agency?

A husband who wanted to divorce his wife contacted an attorney about retaining his services. The attorney and the client agreed to an hourly rate of $150 per hour, but the attorney asked the husband for a mortgage on the husband's house to secure payment of the fee. The attorney then presented the client with his standard representation contract and mortgage documents. Why is the mortgage a violation of the Model Rules?

A paralegal owned shares in Microsoft that she inherited from her grandfather. The stock shares regularly paid dividends, and the paralegal appreciated the extra income from the dividends. Some time later, the paralegal accepted a job with another law firm that often worked on litigation involving technology companies. One month later, the paralegal learned that her new employer had been hired to file suit against Microsoft in an anti-trust action. Must the paralegal disclose to her employer that she owns shares in Microsoft?

A paralegal is assisting his employing attorney in the courtroom just prior to the start of a trial. His employing attorney represents the defendant in a personal injury case. At a moment when attorneys from both sides are out of the courtroom, the plaintiff approaches the paralegal and asks him, "Can you explain to me how the questioning will proceed when I'm on the witness stand?" Can the paralegal respond to the plaintiff's question?

Which of the following correctly states the general rule on confidentiality under the Model Rules?

Under which of the following circumstances is a subordinate lawyer not in violation of the Model Rules?

An attorney is admitted to practice law in Maine and has a law office located in Portland, Maine. The attorney represents a local business that buys lobsters from fisherman and sells them to restaurants in Maine. A distributor located in Boston, Massachusetts wants to enter a contract with the attorney's client to buy lobsters on a regular basis. The client asks the attorney to travel to Boston to complete the negotiation of the contract. The attorney is not admitted to practice law in Massachusetts. Can the attorney travel to Boston to complete the negotiation?

Sonia recently graduated from an ABA-approved paralegal program and passed the Certified Paralegal examination. She has considerable experience as a legal secretary in a law firm that practices immigration law and is now looking for employment as a paralegal. On Craigslist, Sonia sees an advertisement for a job related to immigration. The website for the law firm states that it does immigration law. The advertisement states that the firm is seeking to fill a "Case Manager" position and that this position will have little supervision, have a direct relationship with clients, and be responsible for providing immigration-related services to clients. Can Sonia apply for this job?

A personal injury attorney was handling a negligence claim. The insurance company offered to settle, and the client accepted the settlement offer. Once the settlement agreement was finalized, the insurance company delivered a check for the amount of the settlement to the lawyer's office. The lawyer was in a hurry to leave for a continuing legal education seminar and put the check in a drawer in his desk. The attorney's bookkeeper knew the check was in the desk drawer. She took the check, endorsed it over to herself, and forged the attorney's signature. She then cashed the check and skipped town, never to be seen again. Is the attorney subject to discipline under the Model Rules of Professional Conduct?

Under the Model Rules, a lawyer may not solicit or seek legal services work by "in-person, live telephone or real-time electronic contact" when the lawyer's motive is financial gain, except for which of the following situations?

Under the Code of Ethics and Professional Responsibility, a paralegal must _______________________________.

Under the Model Rules, the letterhead of a law firm must follow a specific requirement if the law firm has offices in more than one jurisdiction and uses the same name in each jurisdiction. What is that specific requirement?

While litigation is pending, a lawyer may make certain public statements under the Model Rule on trial publicity. Which of the following is NOT a permitted public statement by a lawyer?