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NALA Testing > Ethics > Flashcards

Ethics Flashcards

1
Q

The American Bar Association prefers what term to be used for a new employee screen

A

Under the ABA Model Rules of Professional Conduct, the preferred term is “screen” or “to screen”

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2
Q

A paralegal cannot bill for ..

A

clerical items

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3
Q

Conduit theory

A

A theory that allows paralegals to pass along to clients legal advice or information given to them from their supervising attorney

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4
Q

ABA model guidelines 10 states that a lawyer shall…

A

Provides paralegals with CLE

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5
Q

Champerty

A

an illegal agreement in which a person with no previous interest in a lawsuit finances it with a view to sharing the disputed property if the suit succeeds

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6
Q

Laham Act

A

REGARDS TO ADVERTISMENT

  • No false advertisement
  • No substantiated claims
  • Pricing did not disclose all charges
  • Inaccurate country of origin markings
  • Claiming that something meets a certain guideline or standard when no testing was conducted
  • Claiming a product is better than another is fine as long as the claim is accurate and substantiated
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7
Q

Most common malpractice

A
  1. Poor communications
  2. Fee misunderstanding
  3. Substance abuse and stress
  4. Management incompetence
  5. Substantive incompetence
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8
Q

How is the negligence of by an attorney proven

A

Expert testimony within the legal profession in the community

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9
Q

What is the statute of limitations for legal negligence

A

One year

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10
Q

Integrity is an…

A

Umbrella duty

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11
Q

Reporting misconduct

A
  1. Fink Rules: An attorney reports another attorney’s misconduct
  2. Judges: reports made it to disciplinary authority in the state
  3. Rule 8.3: Lawyers dishonest
    - Cannot use this as a threat
    - Should not encourage client to report
    - Paralegals do not have to report; There is no law requiring a paralegal to report
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12
Q

Since 2004 the US Department of labor has considered paralegals…

A

Nonexempt employees (People who are paid overtime)

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13
Q

Most paralegals are regulated by…

A

The state’s regulation of employing lawyer:

  1. The laws that regulate lawyers say that the lawyer is responsible for non-lawyers under his supervision and
  2. Caselaw says that paralegals and lawyers are bound by the same ethical duties (Richard v. Jain)
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14
Q

What are the different types of regulatory schemes for paralegals

A

Licensing
Certification
Registration
Title schemes: Some states are looking at regulation from the point of view of restricting the use of terms paralegal and legal assistance to those people with certain qualifications

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15
Q

UPL has a definition in three parts:

A
  1. The application of a rule of law
  2. To a particular persons fact pattern and
  3. Giving a response or answer
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16
Q

What activities look like the on authorized practice of law but aren’t…

A
  1. Self representations
  2. Law student practice (Especially in the area of indigent representation)
  3. Lay participation in certain administrative proceedings
  4. Lay participation in the exercise a federally protected rights
17
Q

Rule 5.4 prohibits lawyers and non-lawyers..

A

From being in business together if any part of that business will be the practice of law

18
Q

Multi-disciplinary practices

A

A partnership, professional corporation, or other association that includes lawyers and non-lawyers and they provide both legal and not legal services

19
Q

What confidential information can be divulged

A
  1. Doing your job (Rule 1.6 exempts from the nondisclosure rules “Disclosures that are impliedly authorized in order to carry out the representation”)
  2. Need to know (People in the need to know Circle)
  3. Express waiver (Clients expressly waived the duty of confidentiality regarding some info)
  4. Defending against client actions
  5. Commission of a crime (rule 3.3 When a law firm becomes part of the clients crime, that information is not covered by the rules of confidentiality)
  6. Preventing a crime (To prevent the client from committing a serious criminal act)
  7. Client information (Things that you may witness while in the law office may not be client information so they may not be covered by the duty of confidentiality)
  8. (Maybe) Seeking help from other professionals who have a duty of confidentiality
20
Q

The attorney client privilege is a rule of

A

Evidence

21
Q

Can paralegals advertise

A

Paralegals cannot deliver legal services directly to the public so they cannot advertise directly to the public; They can however advertise their services to lawyers and law firms through letter advertisements, legal directories and legal periodical publications

22
Q

Aviation disaster Family Assistance Act says…

A

that legal representation cannot contact families until 45 days after an incident

23
Q

Direct Mail

A

aka “direct mail advertising” sometimes referred “direct mail solicitation: used in foreclosure matters, mass disaster cases, and many other types of legal matters in which a list of prospective clients can be obtain (wise to follow rules of your state)

24
Q

contingency fees

A

prosecution of most personal injury cases is taken on a contingency fee basis - meaning the law firm’s recovery of legal fees is contingent upon the outcome of the case
- at the conclusion of a contingency fee case, the client is entitled to an “accounting” - a detailed listing of the money that came in and went out

25
Q

value billing

A

an agreement with the client whereby the client will be charged a flat rate for certain task

26
Q

fixed fee billing

A

an arrangement with the client where by the client is charge one flat rate for the representation regardless of how long it takes or how much work is involved

27
Q

blended rate billing

A

rather than paying $250 an hour for the partner, $180 an hour for the associate, and $75 an hour for the paralegal, the client agrees to pay ONE hourly rate, a blended rate of, for ex. $150 an hour for all billing employees

28
Q

classic retainer

A

aka pure retainer, ensures the firm’s availability over time - what the client is paying for is the reservation, not necessarily any work (reservation fee)

29
Q

nonrefundable retainer

A

the type of retainer that is earned upon receipt regardless of services actually rendered

30
Q

unbundling legal services

A

aka limited scope representation: the lawyer will represent the client for a limited portion of the client’s matter - generally falls into 3 categories:

  1. consultation - giving advice and direction
  2. document preparation
  3. limited representation in court
31
Q

multiplier fees

A

in addition to regular fees, the prevailing party may ask the court to apply: multiplier laws were enacted to help incentivize lawyers to take up the cases for disenfranchised people - the multiplier is a formula that allows attorneys to multiply their fees up to two and a half times the normal rate bases on the strength of the case and the ability of the plaintiff to obtain counsel

32
Q

lodestar

A

in addition to regular fees, the prevailing party may ask the court to apply: a method by which a court can increase the attorney feeds b/c of the risky nature of the case and how difficult it was for the pltf to find reprsentation

33
Q

charging lien

A

secures the legal fees by attaching a lien to future judgement or settlement in the case - in cases where a law firm is hired on a contingency fee basis and the client fires that firm and hires a 2nd firm, the first firm may file a charging lien in the lawsuit; no money should be disbursed to the client or the 2nd law firm before the percentage are all decided upon

34
Q

ILOTA

A

client trust accounts must be interest-bearing accounts; the interest is accrued and put into a fund called IOLTA; the bank collects all of the interest and sends the money to the state bar of each state; the state bar sues that money to fund the free legal service providers throughout the state

35
Q

the states that require lawyers to have a duty to report their own misconduct is…

A

California and Ohio

NALA Testing (11 decks)

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