Exam 1: Ethics and Real Property Practice
The professional code of ethics treats the entire body of attorneys in a firm as one for conflict of interest purposes.
True
What conduct or practices constitute engaging in the unauthorized practice of law?
The unauthorized practice of law includes such practices as advising a client of his or her legal rights and remedies, representing a client in court, making strategy decisions in client matters, negotiating settlements, accepting cases, and setting fees.
Provide three examples of problematic situations that may confront a real estate attorney.
Possible answers:
(1) a seller who hires an attorney to represent him or her in a closing and a buyer who requests that the attorney represent both the buyer and the seller,
(2)an attorney who is hired by one party and agrees to prepare closing documents for the other party for a small fee,
(3)a buyer or seller retains an attorney who is then requested to represent the lender financing the transaction,
(4)an attorney who is also a title agent where the attorney represents the seller but also prepares the title policy for the buyer who pays for the policy, and
(5)an attorney representing one party who is asked for legal advice by an unrepresented party.
A ____________ is a method of keeping track of priorities and deadlines.
What tasks or responsibilities may a paralegal perform under the supervision of an attorney?
What steps should be taken after the initial client conference if
(a) the client decides to hire your firm,
(b)the client is undecided about whether or not to proceed, or
(c)the client declines representation?
Paralegals are permitted to draft and sign letters to clients confirming the client's decision to decline representation.
The tactic whereby an attorney or paralegal is isolated from all contacts with a client's case is called a ____________.
The American Bar Association's Model Code of Professional Responsibility and the American Bar Association's Model Rules of Professional Conduct are, together, commonly referred to as ____________.
Confidentiality is a rule of evidence law that prevents a court from compelling the revelation of communications between attorney and client.
To act ____________ means that an attorney not only must have the necessary legal skill but also must devote adequate time and thorough preparation to a client matter.
What is meant by the term conflict of interest? Define the term, and provide an example.
In a contingency fee matter, a client pays for costs incurred on behalf of the client, whether or not the client wins the case.
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