Exam 2: Ethics and Professional Responsibility in a Technology Age

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Many nonlawyer members of the legal team may not be familiar with what ethical obligations they have and how the ethics rules are to be followed and enforced.

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Why is the attorney-client privilege extended to others working for the attorney?

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The attorney-client privilege is extended to facilitate efficient and effective representation of the client.It would be difficult,if not impossible,for the attorney to perform every task in legal representation.

In a completely virtual law practice,

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_____________ or "e-lawyering" are terms used to describe a law practice that exists online,as opposed to the traditional "storefront" law office.

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Privilege is an ethical obligation.Confidentiality is a rule of evidence.

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Explain whether paralegals are expected to comply with the rules of professional conduct?

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The ethical duty of fairness is violated if in a criminal case if a prosecutor does not turn over exculpatory evidence that might show a defendant is innocent.

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In a completely _______________,the lawyer and client may never actually meet face-to face; all communication is electronic through the Internet or by telephone.

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Would documents created by the client during the ordinary course of business and transmitted to the attorney be protected under a claim of privilege?

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Automatic waiver is a doctrine that looks at several factors when faced with an inadvertent disclosure of documents,including: (1)the nature of the methods taken to protect the information; (2)the efforts made to correct the error; (3)the extent of the disclosure; and (4)fairness.

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Ethical guidelines require lawyers to provide competent representation.In the technology age,lawyers need to be able to communicate with clients:

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A lawyer can still represent a client when the attorney has a financial interest in the subject matter of the case.

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The basis of the rule of confidentiality is the belief that a person cannot be loyal to two clients.

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The efficient administration of justice requires lawyers to engage _________ such as legal assistants,accountants,and other experts,to assist in the vigorous representation of the client.

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Documents prepared for internal investigations and audits:

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The supervising attorney will suffer any sanctions that result from a failure of the members of the legal team to follow and enforce the ethical rules.

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The concept that in the legal field,any information with regard to a client,learned from whatever sources,is to be kept in confidence by the legal team.

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Describe some of the unique ethical challenges that arise from a virtual law office:

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________ codes or rules typically set forth the minimum in ethical behavior-the very least each professional should do.

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The ethical obligation to keep client information ______________ is founded on the belief that clients should be able to tell their attorneys everything about their case so that the attorneys can give proper legal advice to their client.

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