Deck 4: Ethics and Professional Responsibility

Question 1

Who will be affected if a paralegal violates a rule governing attorneys?

A) The paralegal
B) The attorney
C) The client
D) All of these choices are correct.

Answer 1

D

Question 2

How does the regulation of attorneys protect the public?

A) By ensuring that an attorney is competent to practice
B) By creating state bar associations
C) By imposing specific ethical requirements
D) By ensuring that an attorney is competent to practice and by imposing specific ethical requirements

Answer 2

D

Question 3

Compared to lawyers, paralegals

A) are subject to less regulation.
B) are subject to more regulation.
C) are not regulated at all.
D) receive higher salaries.

Answer 3

A

Question 4

State authorities ensure that anyone practicing law is competent by

A) charging a fee to become a lawyer.
B) establishing educational and licensing requirements.
C) requiring membership in an national association of lawyers.
D) All of these choices are correct.

Question 5

are involved in determining what rules should govern attorneys.

A) Bar associations
B) State supreme courts
C) State legislatures
D) All of these choices are correct.

Question 6

Which of the following directly regulate paralegals?

A) Professional paralegal organizations
B) The American Bar Association (ABA)
C) State bar associations
D) None of these choices is correct.

Question 7

Rules limiting who can practice law are mainly written by

A) paralegals.
B) the state supreme courts.
C) lawyers.
D) senators.

Question 8

Compared to lawyers, paralegals

A) receive higher salaries.
B) are subject to more regulation.
C) are not regulated at all.
D) None of these choices is correct.

Question 9

States have educational and licensing requirements for lawyers to ensure that

A) only smart people become lawyers.
B) lawyer salaries remain high.
C) anyone practicing law is competent to do so.
D) None of these choices is correct.

Question 10

Paralegals are not indirectly regulated by which of the following?

A) Professional paralegal organizations
B) The ABA
C) State bar associations
D) None of these choices is correct.

Question 11

State authorities protect the public against unethical attorney behavior by

A) requiring a course in classical ethics at all law schools.
B) defining specific ethical requirements for attorneys.
C) requiring all attorneys to have a paralegal employed at their firm.
D) All of these choices are correct.

Question 12

Why do states have rules regulating attorneys?

A) To protect the public interest by defining specific ethical requirements for attorneys
B) To ensure that anyone practicing law is competent to do so by establishing licensing and educational requirements
C) To ensure that each attorney has graduated from a local law school
D) To protect the public interest by defining specific ethical requirements for attorneys and to ensure that anyone practicing law is competent to do so by establishing licensing and educational requirements

Question 13

Who will not be affected if a paralegal violates a rule governing attorneys?

A) The paralegal
B) The attorney
C) The client
D) None of these choices is correct.

Question 14

Features that distinguish professions from other types of occupations include which of the following?

A) Indirect regulation
B) Self-regulation
C) Nonregulation
D) Indirect regulation and nonregulation

Question 15

Professions that have established minimum standards and levels of competence for their members include which of the following?

A) Lawyers
B) Engineers
C) Physicians
D) All of these choices are correct.

Question 16

Paralegals are indirectly regulated by which of the following?

A) Professional paralegal organizations
B) The ABA
C) State bar associations
D) All of these choices are correct.

Question 17

is best described as regulation of the conduct of a professional group by members of the group themselves, by establishing ethical or professional standards of behavior with which members of the group must comply.

A) Licensing
B) Self-regulation
C) Certification
D) Regulation

Question 18

In many states, the ultimate regulatory authority is the state

A) trial court.
B) bar association.
C) supreme court.
D) legislature.

Question 19

are not involved in determining what rules should govern attorneys?

A) Bar associations
B) State supreme courts
C) State legislatures
D) None of these choices is correct.

Question 20

Licensing of attorneys is accomplished at what level?

A) Each state sets licensing requirements for attorneys.
B) The federal government sets licensing requirements for the states.
C) Licensing requirements are set by a consensus of the states and federal government.
D) Local bar associations regulate licensing of attorneys.

Question 21

The United States Supreme Court has decided issues relating to attorney conduct, such as removing the prohibition against

A) advertising.
B) free speech.
C) the unauthorized practice of law.
D) self-regulation.

Question 22

An attorney may not legally practice law if he or she does not

A) belong to a national bar association.
B) belong to a local bar association.
C) pass the state bar exam.
D) All of these choices are correct.

Question 23

Restrictions on lawyers advertising their services to the public were relaxed because

A) state supreme courts determined them to be unconstitutional.
B) the United States Supreme Court determined them to be an unconstitutional limitation on attorneys' rights to free speech.
C) the United States Supreme Court determined them to be an unconstitutional limitation on attorneys' rights to freedom of religion.
D) the ABA decided the restrictions were interfering with lawyers' business.

Question 24

Lawyers join together in professional groups called at the local, state, and national levels to discuss issues affecting the legal profession and to decide on standards of professional conduct.

A) bar associations
B) courts
C) legislatures
D) clubs

Question 25

State bar examinations test knowledge of which of the following?

A) State law
B) Multistate law
C) Statistics
D) State law and multistate law

Question 26

Which of the following choices is a basic requirement to obtain a license to practice law?

A) Receive a bachelor's degree from a college or university
B) Graduate from an accredited law school
C) Take and pass a state bar examination
D) All of these choices are correct.

Question 27

An attorney must receive a bachelor's degree from a college or university, graduate from an accredited law school, take and pass a state bar examination, and pass an extensive background investigation in order to

A) be directly regulated.
B) obtain a license to practice law.
C) be indirectly regulated.
D) All of these choices are correct.

Question 28

In which of the following states must a prospective attorney pass a state bar examination before being admitted to practice?

A) Texas
B) Alabama
C) Ohio
D) All of these choices are correct.

Question 29

An attorney does not need to take a state bar examination to practice law in which of the following states?

A) Wyoming
B) Oklahoma
C) New Jersey
D) None of these choices is correct.

Question 30

In which of the following states must a prospective attorney pass a state bar examination before being admitted to practice?

A) Oklahoma
B) Kentucky
C) Ohio
D) All of these choices are correct.

Question 31

The ABA is a(n)

A) mandatory national bar association.
B) voluntary national bar association.
C) international bar association.
D) bar association for paralegals.

Question 32

With regard to advertising their services to the public, lawyers

A) may put whatever they want in an ad.
B) cannot advertise their services to the public.
C) can advertise on TV, billboards, radio, and the Internet, but with some restrictions.
D) can only advertise in print.

Question 33

Engaging in actions defined by a state legislature as constituting the "practice of law" without the legal authorization to do so describes which of the following?

A) Licensing
B) Malpractice
C) Unauthorized practice of law
D) Self-regulation

Question 34

Which of the following might prevent a prospective attorney from being permitted to practice law?

A) An illegal act committed by the candidate in the past
B) A bad grade in an important course in law school
C) Marital status
D) Sexual orientation

Question 35

Which of the following describes the role of most state supreme courts in regulating the legal profession?

A) The justices determine the licensing requirements.
B) The justices determine when an attorney's license will be suspended or revoked.
C) The justices issue orders requiring that ethical rules become the law within the state.
D) All of these choices are correct.

Question 36

The state bar association is called a(n) bar.

A) unified
B) joint
C) complete
D) required

Question 37

Entities that are key participants in the regulation of attorneys include which of the following?

A) State bar associations
B) State supreme courts
C) State legislatures
D) The United States Supreme Court
E) All of these choices are correct.

Question 38

In which of the following states is it unnecessary for a prospective attorney to pass a state bar examination before being admitted to practice?

A) Texas
B) Alabama
C) Ohio
D) None of these choices is correct.

Question 39

An attorney must pass a state bar examination to practice law in which of the following states?

A) New York
B) Illinois
C) Ohio
D) All of these choices are correct.

Question 40

All states require that prospective lawyers before being admitted to practice.

A) join a local bar association
B) pass a state bar exam
C) obtain a Ph.D. in a law-related subject
D) work as a paralegal for at least a year

Question 41

The ABA Model Code of Professional Responsibility has canons.

A) ten
B) twelve
C) nine
D) three

Question 42

The mildest sanction imposed for attorney violations of the rules governing professional conduct is a

A) disbarment.
B) warning.
C) reprimand.
D) scolding.

Question 43

are compensation in the form of money awarded to a person who is injured by another's wrongful or careless act.

A) Damages
B) Compensation dollars
C) Injury fees
D) Recoveries
E) Torts

Question 44

A major step toward ethical regulation was taken in 1908, when the ABA approved the , which consisted of thirty-two ethical principles.

A) Model Code of Professional Responsibility
B) Canons of Ethics
C) Rules of Law
D) Common Law Ethics

Question 45

States that have developed their own rules rather than using the Model Code of Professional

A) California
B) Maine
C) California and Maine
D) New York

Question 46

Professional misconduct or negligence-the failure to exercise due care-on the part of a professional, such as an attorney or a physician, is called

A) disbarment.
B) malpractice.
C) suspension.
D) damages.

Question 47

Damages in a civil lawsuit are

A) compensation in the form of money.
B) compensation in the form of services.
C) payments for the lawyer representing the plaintiff.
D) None of these choices is correct.

Question 48

In the ABA Model Code of Professional Responsibility, the "Ethical Considerations" describe behavior

A) that is required by law.
B) that is ideal but not necessarily required by law.
C) for all nonattorneys involved in legal practice.
D) None of these choices is correct.

Question 49

is a severe disciplinary sanction in which an attorney's license to practice law in the state is revoked because of unethical or illegal conduct.

A) Disbarment
B) Suspension
C) A reprimand
D) Disbarment or a reprimand

Question 50

States that use the Model Code of Professional Responsibility include which of the following?

A) California
B) Maine
C) New York
D) All of these choices are correct.

Question 51

Ethical rules created by the ABA include which of the following?

A) The Model Code of Professional Responsibility
B) The NALA Code of Ethics and Professional Responsibility
C) The Model Rules of Professional Conduct
D) The NFPA Model Code of Ethics and Professional Responsibility
E) The Model Code of Professional Responsibility and the Model Rules of Professional

Question 52

is a serious disciplinary sanction in which the attorney is prohibited from practicing law in the state for a given period of time, such as one month or one year, or for an indefinite period of time.

A) Disbarment
B) Suspension
C) A reprimand
D) Disbarment or a reprimand

Question 53

Under law, one who is injured by another's wrongful or careless act can bring a civil lawsuit against the wrongdoer for damages.

A) civil
B) tort
C) criminal
D) damages

Question 54

Formal sanctions imposed on attorneys for violations of the rules governing professional conduct include which of the following?

A) Reprimand
B) Suspension
C) Disbarment
D) All of these choices are correct.

Question 55

is a disciplinary sanction in which an attorney is scolded for his or her violation of the ethical rule; it is the mildest sanction for an ethical violation.

A) Disbarment
B) Suspension
C) A reprimand
D) Disbarment or a reprimand

Question 56

Canons are

A) generally accepted principles.
B) laws derived from ancient religious traditions.
C) laws governing professional ethics only.
D) None of these choices is correct.

Question 57

Most states have adopted ethical codes based on the

A) Model Code of Professional Responsibility.
B) Ethical Considerations.
C) Model Rules of Professional Conduct.
D) Disciplinary Rules.

Question 58

New York still follows the

A) Model Code of Professional Responsibility.
B) Ethical Considerations.
C) Model Rules of Professional Conduct.
D) Disciplinary Rules.

Question 59

Tort law allows

A) paralegals to practice law in emergencies.
B) attorneys to prevent unqualified persons from entering the profession.
C) one who is injured by another's wrongful or careless act to bring a civil lawsuit against the wrongdoer for damages.
D) one who is injured by another's wrongful or careless act to bring a criminal lawsuit against the wrongdoer for damages.

Question 60

To protect themselves against possible claims of malpractice, freelance paralegals and independent paralegals should obtain insurance.

A) health
B) disability
C) property
D) liability

Question 61

A client must be able to confide in his or her attorney so that the attorney can best represent the client's interests. This is the

A) rule of client confidentiality.
B) exception to the rule of client confidentiality.
C) rationale for the rule of client confidentiality.
D) None of these choices is correct.

Question 62

Routine paralegal tasks, such as drafting and filing a motion and brief with the court, would involve which of the following ethical responsibilities?

A) The duty of confidentiality
B) The duty of competence
C) The attorney's duty of adequate supervision
D) All of these choices are correct.

Question 63

One of the oldest and most important rules of the legal profession is the rule of

A) competence.
B) attorney-client confidentiality.
C) disbarment.
D) conflicts of interest.

Question 64

Attorneys both instruct and supervise nonlawyer employees concerning the appropriate ethical conduct and can be held personally responsible for the ethical violations of their subordinates.

A) must
B) should
C) are advised to
D) can

Question 65

If a paralegal's breach of a professional duty causes a client to suffer substantial harm, the client may sue

A) the attorney only.
B) the paralegal only.
C) both the attorney and the paralegal.
D) neither the attorney nor the paralegal.

Question 66

When using e-mail as a method of communication it is important to

A) print, proofread, and edit.
B) show every e-mail to your supervisor before sending it.
C) use an informal, chatty style of writing.
D) make a digital voice recording as well.

Question 67

Paralegal Samantha discusses confidential client information over the telephone in a reception area where several other clients can hear her. As a result, the client files a grievance with the state bar association and Samantha's supervising attorney is disciplined by the state bar. Samantha has breached the rule regarding client confidentiality. What other ethical rule is involved in this situation?

A) Competence
B) Communication with clients
C) Conflicts of interest
D) Responsibilities regarding nonlawyer assistants

Question 68

representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.

A) Confidential
B) Diligent
C) Competent
D) Fair

Question 69

To violate a legal duty by an act or a failure to act is called

A) damage.
B) harm.
C) breach.
D) incompetence.

Question 70

Which of the following is often the cause of an inadvertent breach of the duty of competence?

A) Inadequate research
B) Missed deadlines
C) Errors in legal documents filed with the court
D) All of these choices are correct.

Question 71

Paralegal Sam carelessly performs legal research by failing to update a court's decision to find out if the state court of appeals or state supreme court reversed the decision that he found.

A) Conflict of interest
B) Competence
C) Diligence
D) Fairness toward opposing counsel

Question 72

Which of the following would be appropriate if your supervising attorney is not adequately supervising your work?

A) Improve communications with the attorney.
B) Ask the attorney for feedback on your work.
C) Attach a note to a document you have prepared for the attorney requesting him or her to review the document before signing it.
D) All of these choices are correct.

Question 73

Inadequate research is often the cause of breach of the duty of

A) competence.
B) confidentiality.
C) fairness.
D) completeness.

Question 74

A lawyer's duty to supervise nonlawyer assistants applies to lawyers in which settings?

A) Private law firms
B) Corporate legal departments
C) Government agencies
D) All of these choices are correct.

Question 75

Improperly filed court documents are often the cause of breach of the duty of

A) competence.
B) confidentiality.
C) fairness.
D) completeness.

Question 76

Lawyers in do not have a duty to supervise nonlawyer assistants.

A) private law firms
B) corporate legal departments
C) government agencies
D) None of these choices is correct.

Question 77

Missed deadlines are often the cause of breach of the duty of

A) competence.
B) confidentiality.
C) fairness.
D) completeness.

Question 78

Attorney Chapman assigns paralegal Hughes a complex brief and tells her to research the law, prepare the brief, proofread it, and then sign attorney Chapman's name to the brief and submit it to the court. Attorney Chapman will not be available to review or sign the brief, because she is going on a business trip and will not return before the deadline for filing the brief. Attorney Chapman has violated the ethical rule regarding

A) fairness to opposing party and counsel.
B) candor toward the tribunal.
C) expediting litigation.
D) adequate supervision of a nonlawyer assistant.

Question 79

The legal consequences of violating legal ethical rules include which of the following?

A) An unhappy client
B) An unhappy supervising attorney
C) Exposure of attorneys and paralegals to legal liability
D) An unhappy judge

Question 80

Competency requires which of the following?

A) Knowledge of the law
B) Careful research to ensure being up-to-date
C) Proper preparation for representation
D) All of these choices are correct.