Legal Ethics Final Ch: 4-8
Terms in this set (100)
Ch 4: The attorney- client privilege ?
A rule of the evidence of law
Attorney Client Privilege provides
The clients with an unqualified privileged not to disclose
The lawyers duty under the priviledge is
To advise the client of the privileged in formation
The privilege applies in which circumstance?
Only if the client is seeking legal advice
Which of the following kinds of material and information is covered by the privilege?
Communications made in the course of the law-client relationship
Which statement reflects on the status of the law on applying the attorney client priviledge to paralegals?
Most states have amended statutes on the privilege to be sure that they cover paralegals
Paralegals who work for coropate law departments have to be concerned about what potential issue regarding the privilege ?
Being found to work autonomously with the consequence tha the privilege does not apply
The privilege can be lostin which of the following circumstancess?
All of the above: client has friend i the room while talking to lawyer on the phone, the client tells a friend infromation that is protected and a lawyer revealing the information to several people
Under which circumstances below does the prviliged information lose its protected status?
The client tells the paralegal information in the reception area where other clients are present
Which of the following kinds of information is normally protected by the privilege ?
None of the above: identity of the client, where abouts of the clients, the fee arangements
What happpens to privileged information if it is in advertently disclosed during the course of a lawsuit?
It depends on the lawsuit jurisdiction - court consideraion, how information was releases, how many times its happend etc.
In which of the following circumstances can an attorney reveal what would otherwise be protected by the privilege?
All of the above: clients sure the lawyer for malpractice, lawyer is prosecuted for a crime related to the representation, the lawyer is charged with ethics violations related to the representation
The crime-fruad exception to the privilege generally:
allows the lawyer to reveal privileged information ig he clients is planning a crime
In some states the privledge applies in the porporate setting to communications between the lawyer and the people who are responsible for menagements relating to the issue involved. This test is called the..
Control group test...
In corporate setting, which of the following us the holder of the privilege?
the corporation itself
The surbanes oxley act
Requires lawyers to report violations of securities law within the corporate chain of commands
If the court orders a lawyer to provide documents that the lawyers believes to be privileged, what should the lawyers do?
Invoke privilege and argue to protect the privilege
An in camera examination is
An examination of the documents in question by the judge without the public or jury
The purpose of the work product rule
Mental impressions and information material
"Metal impressions" include:
Which of the following is a basis for allowing a lawyer to disclose confidential information under the ethics rules
(all of the above) Clients consent, to prevent commision of a crime, to collect a fee
Confidentiality agreements between a law firm and paralegal employee:
The information is protected.
An agreement that is designed to protect confidential information, trade secrets, and other secret data from being revealed during the discovery process in a lawsuit.
If someone intercepts a cell phone call on which privledgeed informaiton is being discussed,
The information is protected
An ABA formal opinion said which of the following about using email with clients?
It is okay to use encrypted email because there is a reasonable expectation of privacy
Conflicts of interest are based on what a principle or principles of ethics
Loyalty and confidentiality
Vicarious disqualification means that:
The conflict of one person in a firm is imputed to all others in the firm
Simultaneous representation is
when a laywer represents two clients whose interests are currently adverse
Requires the lawyer to disclose facts about conflicts, to explain advantages and dsadvantages, requires the lawyers to pose alternatives
Issue or positional conflicts
Are and Erthic vilation is one lient would materially be impaired
Which of the following is a concurrent conflict that often prohibits the lawyer fro representing both parties?
(all of the above) Representing spouses in a dissulition of marriage, passenger and driver in a car accident, two criminal defendants in one case.
Lawyers often refrain from serving on the board of corporations that they represent because:
B and C, the interests of shareholders and board memebers sometimes diverge and Lawyers then have dual sets of obligations to the corporporation.
Which of the following is a concurrent conflict?
(All of the above)
The lawyer served as the meditator in the case before it went to litigation
the Lawyers is representing the buyer and seller of real estate
The lawyer represents a bankrupt company and one of is creditors.
The rules about conflicts in successive representation:
Prohibit representation if the clients are truly adverse and the past and current matters are substantially related
Which of the following groups has been allowed to represent clients in cases of successive representation with screening in place?
None of the above
So not laternal partners, first year associates, or government lawyers
A lawyer cannot take a case where he/she is likley to be a witness if:
The lawyer stestomony is deemed nessesary
The rules prohibitin lawyers from engaging in business transations with clients:
Can be consented by the client only if fair and reasonable to the client
A lawyer cannot generally lend money to a clients
Except for advancing consts of litigation
Lawyers are permitted to get clients to sign which of the following kinds of agreements?
Agreements to pay a monthly retainer fee.
Third party payments of legal fees is allowed in which of the following kinds of agreements?
All of the above; Parents paying for a childs legal fee's, Public defender's office paying for salary of a public defender, Anytime unless third party interferes with the representation
The priciples of vicarious disqualitification are based one
The idea that everyone is a law firm has confidential information about all the clients and matters
Guarding against confidential information being revealed
Concerns about financial incentives
If a law firm does not honor the rules on conflicts of interest, which of the following can happen?
The law firms has to disgorge fees
The law firm is sued for malpractice
The lawyer is disciplined by the authorities
The rule son screens and conflict situations
Allow the firm to continue representation on the two clients
What is another name for a screen?
Cone of silence, Chinese wall, ethical wall
What is required in order for a screen to be effective?
The paralegal sings an agreement vowing not to disclose confidential information about the matter
In most states, paralegals that have a conflict:
Can be hired of retained if a proper screen is erected and is effective
When should law firm conduct a conflicts check?
when it is ready for to offer a a paralegal a position
When the firm conducts a conflicts check and discoverers a potential conflict, what course of action should it take?
Try to get consent of the clients involved and establish a screen
Paralegals loking for work should be prepared to do...?
Provide a record of all the clients matters the have worked on at the time of the job offer.
Essay: nae and discuss five factors that a court will examine in deciding if a client consent to a conflict will be upheld?
Until 1977, what did the roles on advertising require?
Lawyers could not advertise
The changed in the ethics rules about advertising were brought about becase
The US supreme court overturned state ethics rules
In Bates v. State Bar of Arizona...
Two layers challenged their discipline for adverising
As a result of changes in the ethics rules,
Bars can adopt reasonable time , place, an matter restrictions on ads.
Since the changes in the ethics rules about lawyer advertising,
Lawyer advertising has become widespread throughout the legal community
The U.S Supreme Court has decided several cases on lawyer advertising. What are some rules that have come out of those cases?
-Lawyers can state the jurisdictions in which they are licenced to practice,
- they can only advertise areas of law they practice in if they are certified in those areas,
-they are prohibited from sending ads to victims within 30 days of an accident.
-direct mail advertising is okay.
What is typically prohibited by state ethics rules?
Claims about quality
Under lawyer advertising rules, what is most likely to violate ethics rules?
Paralegal name without title in an ad
Which title is most likley to be NOT acceptable for a paralegal?
What best described the ethical situation when a prespective client send email with confidential information to a lawyer?
The lawyer has no duty of confidentiality unless the lawyers website gave a reasonable expectation that there would be one.
What is most likely to violate the ethics rules on advertising?
A lawyer sends a spam ad that goes to people all over the world.
What should be on a law firm website?
Disclaimers about not forming a lawyer-clients relationship
The jurisdiction in which the lawyer is licences to practice
The real names of the lawyers
Solicitation is defined as:
Direct requested contact with a prospective client to obtain employment
Rules prohibiting solicitation:
Are essentially the same as they have been for 30 years
Exceptions against solicitation are provided for:
Relatives, Former clients. and Persons reasonably believed to be as clients
The rules against solicitation by lawyers:
Prohibit a paralegal from soliciting for the lawyer
Is it ethical? Expain
"Fast divorces. Guaranteed. Certified Family Law Specialist. Fee 500$ for default divorce." Then lists lawyers name, address, website, and phone number.
Are as on the internet more like mail of phone call?
Solicitation of advertisements. Mail. You can choose to read it or not. Just advertisement. Free to advertise on the internet. Not directly asking from clients.
Flat fees are typically used in what kind of legal matters?
Wage- earner bankruptcy
In what kinds of cases are contingency fee prohibited?
Divorce and Criminal
Under ABA model roles what kind of fee agreements have to be in writing and signed?
The most common method of billing is
The practive of billing clients for paralegal time
is endorsed by the ABA
the following restrictions are placed on legal fees by ethics rules
Fees cannot be for illegal activity; fees cannot be excessive, fees cannot be unconscionable
Most state have ethics rules on fees that
consider the number of factors in determining if a fee is excessive
Paralegals in firms with guidlines or goals on annual billing are expected to bill about how many house a year?
Because of problems with billing abuses, some corporate clients now:
Request firms to make proposals for services, use task based- billing , check bills more carefully
If you are traveling for clients A and do work on the plane for clients B, how should you bill your time?
Deduct the time you spent for client B from clients A's bill
what is the proper roles for the paralegal in the matter of a client's fee?
The paralegal can quote typical fees and can prepare the fee agreement
Which costs should be covered in the fee agreements?
Court filing fees, deposition transcripts, and telephone charges (all of the above)
A retainer is:
a non refundable fee paid to guarantee the lawyers is available
Fee shifting statues are
enacted to promote a public policy
The landmark in the case of Missouri v. Jenkins, the u.s supreme court decided that attorney fee awards under a federal statute:
could include paralegal time at market rates
The decision in Missouri v. Jenkins was important because it
Provided an incentive for lawyers to use paralegal services
As a result of Missouri v. Jenkins
Thousands of fee awards that include market-level compensation for paralegal time have been made in federal courts
A few states have not followed the reasoning of Missouri v. Jenkins as they interpret and apply state fee award statutes on the basis of which argument?
Compensation should be for cost, not market rates
What should be included in a fee petition to the court?
the paralegals credentials and experience, detailed descriptions of the work preformed, firm and market rates and practices
What is a reason that a fee petition will be reduced by court?
The petition covered clerical or secretarial tasks and the petition based for a rate that is above a market rate
the lawyer and paralegal included compensation for the same task
(all of the above)
What is the preferred way of addressing paralegals rates in a fee petition?
A range of rates for paralegals depending on experience and task
If a lawyer includes a request for compensation at lawyers rates for work that he or she did that paralegal could have done, the court is most likely to :
reduce the fee for those tasks that would normally be paid to a paralegal
The rules prohibiting fee splitting are based on which of the following ethical principles?
UPL, Interference with independent professional judgement , solicitation
Under the roles about fee splitting,
Lawyers can sometimes split fees with another lawyer
NEVER WITH PARALEGALS
Referral fees are:
Fees paid for referring a case to a lawyer and are usually unethical
The rules against fee splitting have been interpreted to mean that:
Non lawyers can be included in law firms retirement and bonus plans
A lawyer can circumvent the ethics rules on referral fees by:
TICK QUESTION! the answer is None of the above
While partnership between lawyers and non lawyers for the practice of law are generally prohibited:
The District of Columbia allows some professionals to be partners in law firms
Which of the following best describes the general rules about client funds?
Client funds should be deposited into the client trust account and the disbursed to the client and other who are entitles to a portion of the money
The program of Interest on Lawyers' Trust account:
Produces money to pay for legal services or client security funds
Mixing of clients funds with the lawyers funds
Wjat are the basic ethical duties of clients property?
Notify the clients of receipts of funds, deliver funds promptly, and provide a full accounting