Deck 3: Compiling a Family History
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Deck 3: Compiling a Family History
1
Client representation in family law cases requires a presentation of options to the client and not simply a carrying out of the legal solution the client initially asks for.
True
2
Determining how long the client has been a resident may be important for determining proper venue and the court's in rem jurisdiction.
True
3
Which of the following is not a technique of attentive listening?
A)repeating back a portion of what the client has just said
B)avoiding eye contact
C)referring back to what the client said earlier in the interview
D)letting the client to do most of the talking
A)repeating back a portion of what the client has just said
B)avoiding eye contact
C)referring back to what the client said earlier in the interview
D)letting the client to do most of the talking
B
4
The health of a party can be relevant to many issues in a divorce case, such as the need to pay for future medical expenses, the need for alimony, the ability to care for a child, and the capacity to understand agreements signed before and during the marriage.
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5
To encourage attentive listening, do not take notes during the first interview of a client.
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6
What should a paralegal do if a client asks a legal question that calls for legal advice?
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7
Red flags about the client that an interviewer should bring to the attention of the supervising attorney include vengefulness, inconsistency with the facts, not answering questions, and unrealistic objectives.
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8
Major credit report companies include TransUnion, Experian, and Equifax.
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9
Identifying the race of the parents and children can be relevant to a court's decision on child custody because the decision can be based solely on race.
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10
When is an attorney most likely to seek a comprehensive life history from a family law client?
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11
What assumptions can often be made about new family law clients?
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12
If violence has occurred or is threatened, the law office may need to help the client obtain a protective order as soon as possible.
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13
What are some techniques of attentive listening?
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14
What should a paralegal's response be to a client's question about the client's chances of winning the case and what danger exists if an inappropriate answer is given?
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15
How should a paralegal describe his or her role to a new client?
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16
When you take notes during a client interview:
A)try not to let the client see that you are taking notes
B)do not explain to the client why you are taking the notes
C)tell the client why you will be taking detailed notes
D)ask the client to read over your notes to check for accuracy at the end of the interview
A)try not to let the client see that you are taking notes
B)do not explain to the client why you are taking the notes
C)tell the client why you will be taking detailed notes
D)ask the client to read over your notes to check for accuracy at the end of the interview
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17
Try to avoid taking calls during the interview and do not handle or look at any electronic devices
(e.g., iPhone) during the interview even if the client decides to use his or her own devices.
(e.g., iPhone) during the interview even if the client decides to use his or her own devices.
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18
At the beginning of the interview:
A)give the client your business card, stating your name, title, street address, e-mail address, and phone number
B)repeat your name even if you provided it at an earlier date when you first met the client
C)assume that clients will not remember the names of everyone they meet in a law office
D)all of the above
A)give the client your business card, stating your name, title, street address, e-mail address, and phone number
B)repeat your name even if you provided it at an earlier date when you first met the client
C)assume that clients will not remember the names of everyone they meet in a law office
D)all of the above
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19
Even if the cause of the breakdown of the marriage may not be relevant to whether a court will grant a divorce, facts on causation should still be obtained because such facts may be relevant to the court's decision on child custody.
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20
A legal interviewer should interpret the body language of a client during the interview. Which of the following is not an example of body language?
A)sitting posture
B)eye contact
C)tone of voice
D)facial expression
A)sitting posture
B)eye contact
C)tone of voice
D)facial expression
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21
A useful technique of listening is to repeat back a portion of what the client has told you.
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22
Avoid comments about the opposing attorney or about the client's spouse.
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23
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
communication with opponent only through his or her attorney
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
communication with opponent only through his or her attorney
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24
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
application of law to specific facts of a person
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
application of law to specific facts of a person
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25
What are some of the documents a client can be asked to bring to the office, if available?
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26
Do not give , which is the application of the law to the facts of a specific person's legal problem.
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27
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
repeat back something the client has said
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
repeat back something the client has said
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28
A primary objective of the interview is to establish a relationship of and trust with the client.
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29
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
equivalent of a guarantee
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
equivalent of a guarantee
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30
During an interview, you do not want to violate the of other clients by allowing the client you are interviewing to see anything in the files of other clients.
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31
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
date of separation
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
date of separation
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32
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
client #1 sees open case file of client #2
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
client #1 sees open case file of client #2
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33
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
conflict of interest
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
conflict of interest
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34
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
disputed
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
disputed
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35
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
body language
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
body language
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36
Match each numbered entry with the most relevant lettered entry below.
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
"I am not an attorney"
a.legal advice
b.breach of confidentiality
c.attentive listening
d.conflicts check
e.sitting posture
f.effective communication of paralegal status
g.prediction of outcome
h.contested
i.anticontact rule
j.DOS
"I am not an attorney"
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37
Some attorneys will ask a new client to fill out a lengthy on his or her married life.
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38
Give examples of some of the emergency concerns that the office must find out about early in the representation of a client.
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