Question : An attorney could lose his/her license or have it suspended as a result : 2162283
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
41) An attorney could lose his/her license or have it suspended as a result of a legal assistants' act or failure to act.
42) Legal assistants may draft interrogatories.
43) When the firm they provide services to states there is no conflict of interest, the freelance paralegal has no obligation to check for conflicts of interest.
44) A legal assistant who does not work under the supervision of an attorney and gives legal advice to a client may be charged under the state statutes with the unauthorized practice of law.
45) Candor means the attorney and members of the legal team should do nothing that misleads the court with false statements of the law or facts.
46) A legal assistant may attend a real estate closing with a lawyer, make computations, witness the signing of documents, and keep forms in order, but always under the attorney's direction and supervision.
47) A legal assistant may reveal a client's information about assets, liabilities, and intended gifts to members of the client's family who will receive those gifts.
48) Representing both husband and wife in a divorce proceeding is a conflict of interest.
49) Fairness in litigation is the obligation of the attorney and the legal team to destroy evidence that does not support their case.
50) Having a romantic relationship with a client is a conflict of interest.
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
51) A paralegal may do the following:
A) Quote a fee pursuant to the established fee schedule in the office
B) Sign a letter informing the client of the time and location to be at a deposition
C) Agree to a settlement with an insurance adjuster
D) None of the above
52) A local lending agency calls and requests information regarding a lawsuit in which your firm represents the defendant. The lender is concerned that if, as plaintiff, it obtained a large judgment, your client would default on a loan with the agency. The legal assistant should:
A) Inform the lending agency it must speak with the attorney
B) Inform the lending agency that this is privileged information and cannot be divulged without the consent of the client
C) Tell the lending agency to "roll the dice," as they will surely lose
D) Give the lending agency their opinion of the case
53) One of your firm's clients has an annoying trait: The man is old and hard of hearing and resents being corrected, no matter how wrong he is. He brings a friend with him during a visit to the office and, in front of you, tells the friend that you are one of the associate attorneys. As a legal assistant you should:
A) Correct him immediately even though it means some embarrassment
B) Quietly explain to the friend that you are a legal assistant and explain your position, even though the client cannot hear what you are saying
C) Go along with it, as it's quite the compliment he has paid you
D) Advise your attorney of the situation and have him explain your position to the client
54) Your attorney calls from out of town and asks you to prepare a motion in a case on which you are working and further tells you to sign his name to the motion and get it filed with the court today. As the legal assistant you should respond to this request as follows:
A) Follow the instructions since the instructions are direct from the attorney
B) Tell the attorney it is improper for you to sign his name to the motion and that an attorney must review the motion before it is duly filed
C) Prepare the motion but take it to a lawyer in another firm for review before you sign the attorney's name
D) All of the above
55) A friend who is employed as a legal assistant by another law firm calls you to inquire if your firm has handled a recent litigation suit in the local court. There have been major changes in procedure in the court in the past three months and your friend is uncertain about drafting and filing pleadings. You have just completed your first case under the new rules. You may ethically:
A) Tell your friend where to find the rules
B) Provide your friend procedural information
C) Provide your friend procedural information and tell your friend where to find the rules
D) Provide your friend a copy of the pleadings you used
56) With respect to a nonlawyer employed by an attorney, the attorney:
A) Should make the reasonable effort to ensure that the person's conduct is compatible with the professional obligations of the lawyer and is relieved of responsibility for misconduct of a nonlawyer assistant
B) Should make the reasonable effort to ensure that the person's conduct is compatible with the professional obligations of the lawyer and is responsible for conduct of such a person that would be a violation of the Model Code of Professional Responsibility if engaged in by a lawyer
C) Is responsible for conduct of such a person that would be a violation of the Model Code of Professional Responsibility if engaged in by a lawyer and is relieved of responsibility for misconduct of a nonlawyer assistant
D) None of the above
57) Paralegals are bound to the following principles:
A) Not to speak to others about client issues
B) A paralegal has no ethical obligations, as they are not attorneys
C) Confidentiality of client information
D) Confidentiality of client information and not to speak to others about client issues
58) If a coworker in your office asks you to prepare his will and you prepare most of the wills in your office for your attorney, as the legal assistant you should:
A) Prepare the will but do not supervise the execution thereof
B) Prepare the will and supervise the execution thereof
C) Give him forms to use to prepare his will
D) Suggest that he talk to your attorney regarding the will
59) A local newspaper reporter calls to inquire whether your attorney is representing a person charged with misappropriating funds in connection with a recent charitable fund-raising project. How do you answer the question?
A) Tell him your attorney is representing the client but that you cannot give him any information.
B) Tell him your attorney is representing the client but that the plan of defense has not yet been determined.
C) Tell him you are not ethically permitted to give out any information about clients past or present.
D) Tell him your attorney is not representing the person.
60) Which term below refers to a situation where the loyalties of the lawyer are adverse to the representation of the client?
A) Unauthorized practice of law
B) Candor to the court
C) Conflict of interest
D) None of the above
61) A lawyer may permit his/her legal assistant to perform services for him in his representation of a client, provided that which of the following is true?
A) The services performed by the legal assistant do not require exercise of independent professional legal judgment, the lawyer maintains a direct relationship with the client, and the lawyer supervises the legal assistant's performance of duties.
B) The services performed by the legal assistant do not require exercise of independent professional legal judgment and the lawyer maintains a direct relationship with the client.
C) The services performed by the legal assistant do not require exercise of independent professional legal judgment and the lawyer supervises the legal assistant's performance of duties.
D) The services performed by the legal assistant do not require exercise of independent professional legal judgment, the lawyer supervises the legal assistant's performance of duties, and the lawyer is not responsible for such representation.
62) The paralegal advises that the new client is his ex-spouse. The lawyer should:
A) Refuse representation of the client
B) Accept representation of the client
C) Accept representation of the client after advising and obtaining consent of the client in writing and if necessary, erecting an ethical wall around the paralegal
D) Accept representation of the client after advising the client of the conflict and erecting an ethical wall around the paralegal
63) A prosecutor in a criminal case is required to turn over ________ evidence that tends to prove the innocence of the accused or prove the facts of the defendant's case.
64) You are a paralegal in a small law firm and your attorney has prepared a will for a client. The client dies and his son from out of town calls. The call is referred to you because the attorney is out of town. The son asks what information he needs to bring in to get the estate probated and what the fees will be. Which of the following statements is true?
A) You may tell him the fees but he must discuss the items required for probate with the attorney.
B) You may answer all his questions.
C) You may tell him the items needed to probate the will, but he must discuss the fee with the attorney.
D) You may not answer any of his questions.
65) An attorney employs a paralegal. A complaint has been filed against the attorney by a client for missing a statute of limitations deadline. The attorney's defense is the paralegal did not properly record the statute of limitations date. The paralegal knew nothing about the case and, in fact, had never heard of the case. The paralegal has just received notice to attend a deposition regarding the case. The paralegal must:
A) Protect the attorney and the firm from being in serious trouble by saying it was the paralegal's fault
B) Hire an attorney outside the office to represent the paralegal at the deposition, and go to the deposition and tell the truth
C) Attend the deposition with an attorney from the law firm and tell the truth
D) Go to the deposition and tell the truth
66) Which function should not be performed by a paralegal because of ethical restrictions or because it constitutes the unauthorized practice of law?
A) Take depositions
B) Interview clients to gather information
C) Conduct legal research
D) All of the above
E) None of the above
67) Which of the following should not be performed by a legal assistant because of ethical restrictions or because it constitutes the unauthorized practice of law?
A) Summarize legal documents
B) Attend depositions and trials with the attorney
C) Appear in administrative hearings before the Workers Compensation Board
D) All of the above are prohibited.
E) None of the above are prohibited.
68) The legal profession in considered "self-reporting." This means
A) Lawyers have a duty to report unethical conduct of other lawyers they personally observe
B) Lawyers have a duty to report the unethical conduct of other lawyers
C) Lawyers have a duty to report unethical conduct of other lawyers which they personally observe and which calls into questions the fitness of the other lawyer
D) Lawyers have a duty to report unethical conduct of other lawyers if it will give them a competitive advantage in a case
69) You work for a firm of attorneys with primary responsibility to one lawyer, who is presently out of town and tells you to meet with his clients to sign a contract of sale for real estate. The clients are the sellers and the purchasers do not have an attorney. During the course of the conversation, after the parties read the agreement, you realize there was a misunderstanding on the part of your clients as to terms suggested by the purchasers, although the contract is drawn in accordance with your clients' wishes. Your clients are elderly people, and it appears the purchasers may succeed in convincing them to change the terms to the detriment of your clients. The legal assistant should:
A) Make the changes to the contract that benefit your client and have them sign it
B) Tell the clients they should not sign anything that would change the terms from those presently in the contract
C) Advise all parties that the matter will have to wait until your employer returns in two weeks' time
D) None of the above
70) Kara became a paralegal after working as a legal secretary for many years in a general practice law office. After she received her paralegal degree, the law firm placed her name on letterhead, gave her business cards, and put her name on her office door. In each instance, she is clearly identified as a paralegal.
Kara felt she could prepare wills and simple deeds in her sleep, because she had typed so many of them in her secretarial days. Although her boss was not involved, she was sure her boss appreciated her taking care of these things for some of the regular clients, who often praised her ability and were glad her hourly rates were so much less than a partner's hourly rates.
Because she is so well known in her local legal assistant organization, Kara often was asked to speak at seminars and at some of the legal assistant classes. She always took this opportunity to brag about her firm, its areas of practice, and some of its larger clients. Once she even defended a client's good name, using information she learned from letters and memos between the client and her attorney.
From time to time, she receives job offers from other firms. She thinks if her office really appreciates her, they could split some of the fees with her from the cases on which she worked. She plans on mentioning this idea to the office manager.
Which of the following acts are violations or are potential violations of ethics by Kara or by the firm she works for?
A) Including Kara's name on letterhead, Kara's final preparation of wills and deeds without supervision of the attorney, splitting fees on certain cases with Kara, and allowing Kara's name to appear on her office door
B) Including Kara's name on letterhead
C) Allowing Kara to have business cards, Kara's speaking at legal assistant classes without an attorney present, Kara's defending a client's good name by using inside information, and allowing Kara's name to appear on her office door
D) Kara's final preparation of wills and deeds without supervision of the attorney, allowing Kara to have business cards, splitting fees on certain cases with Kara, Kara's speaking at legal assistant classes without an attorney present, Kara's discussing some of the firm's larger clients in public, Kara's defending a client's good name by using inside information, and allowing Kara's name to appear on her office door
E) Kara's final preparation of wills and deeds without supervision of the attorney, splitting fees on certain cases with Kara, Kara's discussing some of the firm's larger clients in public, and Kara's defending a client's good name by using inside information