Deck 2: Ethics and Professional Responsibility in a Technology Age

Question 1

Ethics are:

A) laws that all must follow
B) an individual's sense of right and wrong.
C) minimally accepted standards of conduct within a profession.
D) all of the above

Answer 1

C

Question 2

The term that refers to a person authorized to act on behalf of another is:

A) principal
B) juror
C) agent
D) bespoke

Answer 2

C

Question 3

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.

A) VoIP
B) Confidentiality
C) Online Collaboration
D) Remote Access

Answer 3

B

Question 4

Which of the following is not one of the three traditional views involving the inadvertent disclosure of documents:

A) automatic waiver
B) seldom waiver
C) balancing test
D) no waiver

Question 5

Lawyers should use their best skills in presenting a case,but avoid destruction or tampering with evidence.Which ethical rule is this?

A) fairness to opposing party/counsel
B) conflict of interest
C) duty to supervise
D) competency

Question 6

Ethics are enforced by:

A) the highest court of the jurisdiction in which the attorney practices.
B) the police of the jurisdiction in which the attorney practices
C) the state bar association of the jurisdiction in which the attorney practices
D) the governor of the jurisdiction in which the attorney practices.

Question 7

The ethical obligation to not mislead the court or opposing counsel with false statements of law or facts is:

A) competence
B) confidentiality
C) conflict of interest
D) candor.

Question 8

The self-defense exception:

A) allows the attorney to waive the attorney-client privilege.
B) allows the client to waive the attorney-client privilege.
C) does not apply to the attorney-client privilege.
D) none of the above

Question 9

In a completely virtual law practice,

A) all communication is electronic through the Internet or by telephone
B) the lawyer and client may never actually meet face-to-face
C) the practitioner may never enter a traditional law office
D) all of the above

Question 10

The ethical duty of competence requires:

A) loyalty to the client
B) advocating a legal position to the court.
C) preventing the disclosure of confidential communications.
D) the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation

Question 11

Documents prepared for internal investigations and audits:

A) are protected based on client confidentiality.
B) are not protected by client confidentiality.
C) are not protected by the work product doctrine.
D) are protected based on the work product doctrine.

Question 12

Which of the following prevents the disclosure of confidential information as evidence:

A) conflict of interest
B) claim of privilege
C) duty of candor
D) duty of fairness

Question 13

Who must follow the rules of ethical behavior in the legal profession:

A) lawyers only
B) information technologists only
C) paralegals only
D) every member of the legal team

Question 14

Documents prepared in the normal operation of the client's business that are given to the legal team:

A) are not protected by the work product doctrine.
B) are not protected by client confidentiality.
C) are protected based on work product doctrine.
D) are protected based on client confidentiality.

Question 15

Ethics are the minimally accepted standards of conduct in a profession.For lawyers,ethics are determined by state law,which is primarily based on the following:

A) The Model Rules of Professional Conduct
B) The Federal Rules of Evidence
C) The Federal Rules of Judicial Conduct
D) The Federal Rules of Civil Procedure

Question 16

The person responsible for ensuring compliance with ethical rules is:

A) the fiduciary.
B) the agent
C) the supervising attorney
D) the technology staff

Question 17

Which of the following is NOT one of the recognized privileges under the rules?

A) police officer-accused
B) participants in settlement negotiations
C) priest-penitent
D) attorney-client

Question 18

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

A) about how electronic documents are created
B) the sources of electronic documents
C) the methods used to retrieve the documents
D) all of the above

Question 19

Confidentiality,the ethical obligation to keep client information confidential,is founded on the belief that:

A) attorneys can give the client 100% assurance of a not guilty or not liable verdict.
B) clients should be able to tell their attorneys everything about their case, so proper legal advice can be given.
C) clients have the right to remain silent.
D) clients often forget to tell their attorney all about their case.

Question 20

Which of the following is true?

A) Confidentiality is an ethical obligation; privilege is a rule of evidence.
B) Confidentiality is a rule of evidence; privilege is a rule of evidence.
C) Confidentiality is an ethical obligation; privilege is an ethical obligation.
D) Confidentiality is a rule of evidence; privilege is an ethical obligation.

Question 21

The work product doctrine provides a limited protection for material prepared by the attorney,or those working for the attorney,in anticipation of litigation or for trial.

Question 22

Agents of lawyers are not covered by the attorney client privilege

Question 23

________ to the client is the essence of Rule 1.7,Conflict of Interest,of the ABA Model Rules of Professional Conduct.

A) Attention
B) Listening
C) Devotion
D) Loyalty

Question 24

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.

Question 25

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

Question 26

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.

Question 27

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.

Question 28

The basis of the conflict of interest rule is the belief that a person cannot be _________ to two clients.

A) Providing Payment
B) Listening
C) Delegating
D) Loyal

Question 29

The conflict of interest doctrine requires that an attorney not mislead the court or opposing counsel with false statements of law or facts that the lawyer knows to be false.

Question 30

Another phrase used to describe a virtual law practice is:

A) E-Lawyering
B) Trusts and Estates
C) Domestic Relations
D) Civil Litigation

Question 31

Lawyers,paralegals,other members of the legal team,and the members of the technology support team must learn each other's language because understanding such differences in terminology is essential to working together effectively and meeting the needs of clients.

Question 32

Inadvertent disclosure of confidential information:

A) is admissible in court.
B) may be admissible in court depending on the rule adopted in the jurisdiction.
C) is inadmissible if the attorney promptly tries to retrieve it.
D) is not admissible in court.

Question 33

The legal team must competently research and present the current statutory and case law,even when the most current version is not favorable to the position taken.

Question 34

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

Question 35

The use of the Internet and other forms of electronic communication do not change the rules regarding the unauthorized practice of law.

Question 36

Competent representation means providing the legal knowledge,skill,thoroughness,and preparation reasonably necessary for the representation of a client.

Question 37

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

Question 38

The quantity of documents is decreasing in litigation.

Question 39

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.

Question 40

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

Question 41

Jim Cassidy was a new paralegal at a small litigation firm.He was unfamiliar with the computer system used to record important deadlines.Jim's supervising attorney,Jack Parsons,over an hour in detail about her case.However,the following week Jane called Jack and told him she had decided to hire a different attorney to handle the matter.Bob Schnagle called Jack to make an appointment to discuss the dispute and possible representation.Can Jack accept the case on behalf of Bob? Explain your reasoning based on the relevant ethical rules.

Question 42

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.

Question 43

All communication between the client and the lawyer for the purpose of obtaining legal
advice is protected by the _________________.

Question 44

Under the Model Rules of Professional Conduct,the _________________has the obligation to supervise all who work on the case for him or her,including their ethical conduct.

Question 45

The ethical rule of ________ to opposing parties and counsel is an attempt to ensure that justice is done even if one's client loses the case.

Question 46

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

Question 47

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

Question 48

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.

Question 49

The admissibility of inadvertently disclosed documents may hinge on the steps the firm takes before and after the disclosure.

Question 50

The_________________ provides a limited protection for material prepared by the attorney,or those working for the attorney,in anticipation of litigation or for trial.

Question 51

_____________ requires that an attorney not mislead the court or opposing counsel with false statements of law or facts that the lawyer knows to be false.

Question 52

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

Question 53

Under the fundamentals of agency law,the principal and the agent have a fiduciary relationship to each other.

Question 54

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

Question 55

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

Question 56

The ____________________ 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.

Question 57

The work product doctrine does not cover documents prepared in the normal operation of the client's business.

Question 58

While confidentiality is an ethical obligation________ is a rule of evidence.

Question 59

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

Question 60

Explain the potential consequences of an inadvertent disclosure of confidential information.

Question 61

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

Question 62

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

Question 63

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