Exam 3: Preliminary Considerations and Procedures

An attorney or paralegal should not make direct contact with an opposing party who is represented by an attorney.

A cause of action is a legally recognized right to relief.

Written fee agreements are often called ________ agreements.

The doctrine known as laches requires plaintiffs to present written claims to defendants prior to filing lawsuits.

In professional malpractice cases, statutes of limitations often begin to run on the date of ________ of the wrongdoing.

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. -Assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest, and Fenton should not be allowed to work on the Kramer case.

An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.

Fenton works as a paralegal in a law firm that represents Kramer in a claim for damages resulting from an automobile accident. Kramer was a passenger in a car driven by DiSalvo. The accident occurred when DiSalvo negligently ran a stop sign. DiSalvo is represented by the law firm of Ogawa and Robles. -Assume that Fenton's brother-in-law once worked for DiSalvo. This would create a conflict of interest and the law firm should refer Kramer to another attorney.

An efficient tickler system is essential for keeping track of time limitations on cases.

If a case is not filed within the appropriate statute of limitations, the case will be dismissed regardless of the merits of the case.

Ogawa and Robles are most likely handling this case on a contingent fee basis.

Funds belonging to a client should be kept in ________.

Both NALA and NFPA have developed ethical guidelines to govern ________.

A tickler system is ________.

Knowing the elements of a cause of action in a case enables the paralegal to ________.