Deck 4: Technology and the Paralegal

Question 1

All of the following statements are FALSE. State why they are false and then rewrite them as true statements, without just making a statement negative by adding the word "not."
The attorney-client privilege requires that the attorney not reveal any information about her client relating to her representation.

Answer 1

Attorney-client privilege stands for the client's right in which confidential communications between attorney and client is prevented from getting disclosed by any party.
The correct statement is-
The attorney-client privilege requires that an attorney should not reveal secret and confidential information about her client relating to her representation.
This is because an attorney is responsible for maintaining all the secrets of his clients so that no one could make undue advantage of it during court's proceedings. An attorney is liable to keep a secret of communications that take place between client and attorney and also to restrict himself from speaking about those matters to anyone else and it is just like keeping a duty of confidentiality towards a client so that information of client and this case is kept secret.

Question 2

The attorney-client privilege

A) requires the attorney to keep all his client's secrets.
B) attaches to all private work prepared by the attorney in preparation for litigation.
C) restricts the attorney from speaking to anyone about his client's matters.
D) is the same as the attorney can use that testimony in her closing statement.

Answer 2

A, b, c, and d
Attorney-client privilege stands for the client's right in which confidential communications between attorney and client is prevented from getting disclosed by any party.
The correct answer is- a, b, c, and d.
This is because an attorney is responsible for maintaining all the secrets of his clients so that no one could make undue advantage of it during court's proceedings. An attorney is liable to keep a secret of communications that take place between client and attorney and also to restrict himself from speaking about those matters to anyone else and it is just like keeping a duty of confidentiality towards a client so that information of client and this case is kept secret.

Question 3

If a client insists on taking the stand and the attorney thinks the client will commit perjury

A) the attorney can permit narrative testimony.
B) the attorney must withdraw from the case.
C) the client doesn't have to take an oath.
D) the attorney can use that testimony in her closing statement.

Answer 3

A and d
Perjury stands for the intentionally telling of untruth and making misrepresentation even after oath taking.
The correct answer is- a and d.
This is because when an attorney doubts that the client might undergo perjury in a particular case, then in this case, the attorney could undertake testimony of the client and his statements. In this, the attorney could permit the client to undergo narrative testimony and justify his statements, and if the client comes out to be truthful then this testimony could be used by the attorney in making her false statement. This will prevent any kind of perjury from the client's side.
While, options b and c are incorrect because by withdrawing the case, the truth will not come into light; and also an attorney has to take oath before going for any court case.

Question 4

All of the following statements are FALSE. State why they are false and then rewrite them as true statements, without just making a statement negative by adding the word "not."
An attorney must be absolutely sure his client will commit a crime before he can reveal that information.

Question 5

In defense of a professional malpractice claim,

A) an attorney can hand over all his files to the judge for an in camera inspection.
B) the attorney may not testify.
C) the attorney may disclose confidential information about the client.
D) the attorney may disclose confidential information that relates to the relationship and actions taken in the matter.
E) all of the above

Question 6

All of the following statements are FALSE. State why they are false and then rewrite them as true statements, without just making a statement negative by adding the word "not."
Opposing counsel can seek to obtain privileged documents, and the court must allow them to see the information if they have performed an in camera inspection of the materials.

Question 7

All of the following statements are FALSE. State why they are false and then rewrite them as true statements, without just making a statement negative by adding the word "not."
Once confidential information is inadvertently disclosed, opposing counsel may use it in their case.

Question 8

All of the following statements are FALSE. State why they are false and then rewrite them as true statements, without just making a statement negative by adding the word "not."
All communications between an attorney and a client are protected by the attorney-client privilege.

Question 9

All of the following statements are FALSE. State why they are false and then rewrite them as true statements, without just making a statement negative by adding the word "not."
Electronic communications are not protected by either the rules of confidentiality or attorney-client privilege.