Legal Ethics Ch.8

Question 1

Define legal ethics

Answer 1

a tradition of do’s and don’ts applied in the legal profession. Most states
have adopted the ABA Model Rules and Guidelines as ethics rules.

Question 2

In what year did the American Bar Association (ABA) created its first set of ethnic rules

Answer 2

1908

Question 3

When did the ABA update its rules

Answer 3

2003

Question 4

Define multistate professional responsibility exam (MPRE)

Answer 4

A national ethics exam must be passed to get licensed

Question 5

Define multistate bar exam (MBE)

Answer 5

200 multiple choice exam covering 7 subject areas

Question 6

Define multistate performance test (MPT)

Answer 6

Intended to evaluate and examinee’s fundamental lawyering skills, rather than measuring substantive legal knowledge

Question 7

Define uniform bar exam (UBE)

Answer 7

uniformly test knowledge and skills required to practice law

Question 8

Who regulates lawyers

Answer 8

The highest appellate court in the state

Question 9

What are the 4 Things the highest appellate court in the state does

Answer 9

1. Regulates lawyers conduct
2. Adapts or creates a set of legal ethnic rules
3. Investigate accusations of lawyers misconduct
4. Has adapted the ABA model rules as the operating conductor rules in all states (except California)

Question 10

What are the 2 largest paralegal and legal assistant organizations

Answer 10

National Federation of paralegal Association (NFPA)

National Association of legal assistance (NALA)

Question 11

Do the NFPA and the NALA have their own set ethnic rules

Answer 11

Yes

Question 12

Define model rule 1.1

Answer 12

It is a mandatory duty that lawyers provide competent representation

Question 13

Define Competent

Answer 13

Lawyers may not take or engage in litigation where the area of law is beyond the lawyers knowledge base or skill

Question 14

Define model rule 1.3

Answer 14

It requires a lawyer to act with reasonable diligence and promptness

Question 15

Define Diligence

Answer 15

Diligence is an important of competence

Question 16

What are the 2 prohibitions

Answer 16

1. Dishonesty includes failing to disclose one’s status as attorney or paralegal and engaging in ex parte communication
2. Lawyers are also prohibited from bringing frivolous suits and frivolous appeals

Question 17

Define legal assistant

Answer 17

Often synonymous with paralegal, but some attorneys consider them to be less educated than a paralegal

Question 18

What does attorney-client privilege do

Answer 18

1. It protects lawyers from having to testify against their clients, even when issued a subpoena
2. It applies when the attorney is asked to divulge a confidential communication
3. Confidential communication conversations or writing expressing personal or private information that a client had with his or her attorney

Question 19

What are guidelines

Answer 19

a set of guidelines pertaining to legal ethics, adopted by many states for the
use by lawyers on how to ethically use their employees in the support of client needs

Question 20

Define costs

Answer 20

Expenses associated with a legal matter, such as filing fees

Question 21

Define hourly billing

Answer 21

Lawyers using hourly billing may not charge to clients for the same amount of time

Question 22

Define nonbillables

Answer 22

Overhead expenses that lawyers may not charge for directly

Question 23

Define Contingency (contingent) fee

Answer 23

Agreement must be in writing and signed by the client

Question 24

Define model rule 1.5

Answer 24

Contingency fees are not allowed in criminal and divorce cases

Question 25

Define Diligence

Answer 25

a component of competence that requires a lawyer to keep a client reasonable informed about the status of his or her matter, and responding to client requests for information

Question 26

Under model rule 1.6 lawyers must protect their clients information

Answer 26

1. Statements given to lawyers 2. Documents given to lawyers 3. Other information lawyers learn about clients, whatever the source

Question 27

Define hourly billing

Answer 27

a lawyer’s hourly rate times the lawyer’s billable hours. Firms may bill hourly charges for paralegal work also provided that the client is aware and approves

Question 28

Define Contingency (contingent) fee

Answer 28

a fee a lawyer charges with an agreement is in writing and signed by the client which is a percentage of the plaintiff’s awarded damages.

Question 29

Written solicitations must say on envelopes and letters written to potential clients

Answer 29

Advertising material

Question 30

Define grievance

Answer 30

A written accusation of a lawyer's misconduct against a client file to the jurisdiction disciplinary commission

Question 31

Define paralegal

Answer 31

a nonlawyer employee of a lawyer who has received training and education on how to engage in substantive legal work, while not practicing law, including giving legal advice

Question 32

Define legal assistant

Answer 32

a nonlawyer employee of a lawyer who may be less educated than a paralegal, but who could engage in substantive legal work while not being allowed to practice law.

Question 33

Define nonbillables

Answer 33

law firm overhead expenses (rent, paperclips, utilities) that law firms may not charge for in client billing

Question 34

Define private reprimand

Answer 34

a sanction issued by a jurisdiction’s disciplinary commission when a lawyer is found to have violated his or her jurisdiction’s rules of professional conduct. The lawyer’s name is not included in the official censure

Question 35

Define public reprimand

Answer 35

a sanction issued by a jurisdiction’s disciplinary commission when a lawyer is found to have violated his or her jurisdiction’s rules of professional conduct. The lawyer’s name is listed in the official censure

Question 36

Define license suspension

Answer 36

a limited time period when a lawyer’s license is invalid, preventing the lawyer from practicing law.

Question 37

Define Disbarment

Answer 37

Permanent loss of a law license

Question 38

Define duty of confidentiality

Answer 38

the action of implementing ABA Model Rule 1.6 which requires a lawyer (meaning lawyer’s staff also) to protect his or her client information. The information includes statements made to the lawyer, documents given to the lawyer, as well as other information the lawyer learns about the client, no matter whatever it’s source. Prospective clients are protected by Model Rule 1.18 which prohibits lawyers from using information that they learn from those whose cases they do not take

Question 39

Define ex parte communication

Answer 39

a lawyer in communication with a judge while the other | party’s lawyer is unaware of the communication

Question 40

Define frivolous suits

Answer 40

lawsuits meant to harass someone, or if there is no basis in law or fact for bringing the claim or appeal

Question 41

Define informed consent

Answer 41

acknowledged awareness of the likely consequences for taking a course of action.

Question 42

Define Model Code of Professional Responsibility

Answer 42

a set of ethics rules first adopted in 1969 | by the American Bar Association (ABA)

Question 43

Define Model Rules of Professional Conduct

Answer 43

a set of ethics rules adopted in 1983 and | updated in 2003 to replace the Model Code of Professional Responsibility

Question 44

Define Rules

Answer 44

mandatory rules of ethics formatted in the American Bar Association (ABA) Model Rules

Question 45

Define soliciting

Answer 45

``` live contact (oral or written communication) by a lawyer with a prospective client designed to obtain that prospective client. ```