Exam 4: Attorney-Client Relationship and Dispute Resolution

In all states, communications made by the client to the attorney are _______________ , meaning the client has the right to have such communications remain confidential. This is called the_______________ .

A person in a position of trust who undertakes to act for another with scrupulous good faith and honesty is called a _________________ .

A broad term used to describe methods of resolving disputes through means other than the traditional judicial process is __________________ .

Frequently, non-lawyers perform many tasks under the supervision of attorneys. Which of the following functions can a non-lawyer perform without creating the risk of practicing without a license?

In civil litigation the party who loses the case is normally responsible for payment of the winner's attorney fees.

Yaleta is a country of two hundred thousand people on a medium size island in the South Atlantic. Legal matters are decided by elected Law Gurus. The people of Yaleta over one thousand years ago wrote a comprehensive code to guide the Gurus. When subjects bring cases before them, the Gurus Control the flow of information and ask questions of the parties, consult the codes, and make binding decisions. The rulings are recorded but the reasons are not; the Gurus believe the only law they need to consult is the code. Often the traders in Yaleta will consult these codes to determine probable legal outcomes. This system most closely resembles

Which of the following would be an unethical action by an attorney at law?

Is lying under oath a justifiable tactic in the adversary system?

One variation of arbitration called ____________ combines mediation and arbitration.

Contingency fees, once a common method of charging attorney's fees in tort cases, are now illegal under federal law.

A party to a case can gain financial backing for a lawsuit through the ADR method called partnering.

Is it an ethical practice for an attorney to incur the costs of a client in a lawsuit?

___________________is the use of a neutral third party to encourage and assist parties to voluntarily resolve their dispute. The person conducting the process is called a __________________.

Mediation

In most states, to practice law a person must

The typical arbitration is a binding proceeding. That means it cannot be appealed, except for very limited reasons. What are the negative aspects to arbitration because of this limited right of appeal?

The attorney-client privilege identifies the right an attorney has to garnish a client's wages if a client fails after 30 days to pay a fee bill.

Which of the following behaviors would be considered unethical behavior by an attorney?

Consider this statement: "Non-lawyer 'legal assistants or paralegals' should be authorized to offer legal services directly to the public." What are the pros and cons of this proposition?

Attorney Jimmy Blue represented the plaintiff in a contract dispute that was nearing trial. To encourage a compromise, Blue e-mailed the defendant, Christina Tapia, instead of contacting Tapia's attorney. Blue told Tapia that $12,500 would be a fair settlement for the case and indeed Blue did believe it would be. Blue has acted ethically.