Ethics

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Author:
tismeinaz
ID:
153391
Filename:
Ethics
Updated:
2012-05-18 23:19:49
Tags:
Ethics Paralegal
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Description:
Ethics
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  1. Most states require corporations to be represented by attorneys in court because
    The corporation is not a person and cannot be self-represented.
  2. Who is responsible for identifying paralegals as non-lawyers?
    The paralegal
  3. Confidential information is all information relating to the representation of a client regardless of the source. T/F
    True
  4. It is ethical for a lawyer to pay court costs and expenses of litigation on behalf of indigent clients. T/F
    True
  5. Emily works as a tax accountant. She provides legal advice to a client about how to protect his money from US taxes. As a result of giving this advice, Emily is guilty of UPL? T/F
    False
  6. A paralegal can write about a case after a client has died if he has permission from the client or or the client's heirs to release confidential information gained while working on a case T/F
    True
  7. If a defendant destroys evidence despite the fact that the plaintiff did not have a chance to inspect it - it is called...
    spoilation of evidence
  8. If a paralegal paid a witness to testify falsely on behalf of a client, they are guilty of......
    Subornation of perjury
  9. Interest on client trust fund accounts is sometimes paid to the client directly. T/F
    True
  10. A paralegal memo of law and trial strategy recommending how to handle a case if the firm gets a client is not covered under the work product doctrine. T/F
    True
  11. A paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.
    Canon 1
  12. A paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.
    Canon 2
  13. A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; and (b) establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court or agency; and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety.
    Canon 3
  14. A paralegal must use discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. The services of an attorney are essential in the public interest whenever such legal judgment is required.
    Canon 4
  15. A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general public. A paralegal must act prudently in determining the extent to which a client may be assisted without the presence of an attorney.
    Canon 5.
  16. A paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal service.
    Canon 6
  17. A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney.
    Canon 7
  18. A paralegal must disclose to his or her employer or prospective employer any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients.
    Canon 8
  19. A paralegal must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court.
    Canon 9
  20. A paralegal's conduct is guided by bar associations' codes of professional responsibility and rules of professional conduct.
    Canon 10
  21. Paralegals cannot
    • accept cases
    • set fees
    • give direct legal advice
    • negotiate legal matters
    • represent clients in court
  22. A paralegal committing UPL may incur
    • criminal prosecution
    • civil liability
    • termination of employment
  23. Are business cards permissible for paralegals employed by a law firm?
    Yes as long as the non lawyer status is displayed prominently.
  24. May a paralegal's name appear on the law firm's stationery?
    Yes, as long as the paralegal title is shown clearly.
  25. May a paralegal sign letters prepared on firm stationery?
    Yes, provided (1) the letter contains no direct legal advice or opinions and (2) the paralegal status is shown clearly.
  26. Which of the following represent(s) unethical conduct by a paralegal?
    a. drafting correspondence to a client to be signed by the paralegal.
    b. arranging a deposition with opposing counsel.
    c. performing legal research.
    d. two of the above.
    e. All of the above.
    f. None of the above.
    f. None of the above.
  27. A Chinese Wall is known as a code of silence. T/F
    True
  28. The ABA Model Rules of Professional Conduct prohibit an attorney from entering into an agreement granting the attorney publication, literary, or media rights pertaining to a current case before the conclusion of that representation. T/F
    True
  29. During a witness interview, the witness provides convincing information to Lulu Legal Assistant indicationg her firm's client may hve intentionally run over his former business partner. If Lulu is later deposed concerning this interview, she could refuse to answer questions based on confidentiality principles. T/F
    False
  30. Under the ABA Model Rules of Professional Conduct, there is a precise definition of the "practice of law." T/F
    False
  31. To seek further clarification during a witness interview, it is permissible to misstate information provided by the witness in order to generate more narrative. T/F
    True

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