Question 1

The professional code of ethics treats the entire body of attorneys in a firm as one for conflict of interest purposes.

Accepted Answer

A) True 
 B)False  True

Question 2

What conduct or practices constitute engaging in the unauthorized practice of law?

Accepted Answer

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.

Question 3

Provide three examples of problematic situations that may confront a real estate attorney.

Accepted Answer

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.

Question 4

A ____________ is a method of keeping track of priorities and deadlines.

Accepted Answer

The answer of A ____________ is a method of keeping...

Question 5

What tasks or responsibilities may a paralegal perform under the supervision of an attorney?

Accepted Answer

The answer of What tasks or responsibilities may a paralegal...

Question 6

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?

Accepted Answer

The answer of What steps should be taken after the...

Question 7

Retainer amounts may be put toward fees, costs, or both.

Accepted Answer

A) True 
 B)False

Question 8

Each client project is assigned its own ____________.

Accepted Answer

The answer of Each client project is assigned its own...

Question 9

Paralegals are permitted to draft and sign letters to clients confirming the client's decision to decline representation.

Accepted Answer

A) True 
 B)False

Question 10

The client is the individual or entity:

Accepted Answer

A)  who hires the attorney. 
B)  paying the legal fees. 
C)  requiring the legal representation.

Question 11

The tactic whereby an attorney or paralegal is isolated from all contacts with a client's case is called a ____________.

Accepted Answer

The answer of The tactic whereby an attorney or paralegal...

Question 12

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 ____________.

Accepted Answer

The answer of The American Bar Association's Model Code of...

Question 13

Most real estate litigation is billed:

Accepted Answer

A)  on a flat fee. 
B)  at hourly rates. 
C)  on a contingency fee.

Question 14

Confidentiality is a rule of evidence law that prevents a court from compelling the revelation of communications between attorney and client.

Accepted Answer

A) True 
 B)False

Question 15

The unauthorized practice of law includes:

Accepted Answer

A)  negotiating settlements and conducting client interviews. 
B)  making strategy decisions in client matters and setting fees. 
C)  accepting cases and assisting at depositions

Question 16

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.

Accepted Answer

The answer of To act ____________ means that an attorney...

Question 17

What is meant by the term conflict of interest? Define the term, and provide an example.

Accepted Answer

The answer of What is meant by the term conflict...

Question 18

The following must be deposited in a client trust account:

Accepted Answer

A)  deposit money and retainer fees. 
B)  closing proceeds 
C)  both a and b

Question 19

In a contingency fee matter, a client pays for costs incurred on behalf of the client, whether or not the client wins the case.

Accepted Answer

A) True 
 B)False

Question 20

A routine real estate closing may be handled on:

Accepted Answer

A)  a fat fee or hourly fee, but not a contingency fee. 
B)  a fat fee or contingency fee, but not an hourly fee. 
C)  an hourly fee or contingency fee, but not a fat fee

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.

What conduct or practices constitute engaging in the unauthorized practice of law?

Provide three examples of problematic situations that may confront a real estate attorney.

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?

Retainer amounts may be put toward fees, costs, or both.

Each client project is assigned its own ____________.

Paralegals are permitted to draft and sign letters to clients confirming the client's decision to decline representation.

The client is the individual or entity:

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 ____________.

Most real estate litigation is billed:

Confidentiality is a rule of evidence law that prevents a court from compelling the revelation of communications between attorney and client.

The unauthorized practice of law includes:

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.

The following must be deposited in a client trust account:

In a contingency fee matter, a client pays for costs incurred on behalf of the client, whether or not the client wins the case.

A routine real estate closing may be handled on: