LOM Chapers 1-6 Midterm Flashcards
Which law sets the perimeters of exempt and nonexempt employees?
Fair Standards Labor Act (FSLA)
What is leveraging?
to make money from the work of others.
What’s the difference between office manager and legal administrator?
Administrator attends partnership and committee meeting but has no right to vote. Administrator has authority to hire and fire staff and administer salaries. Administrator has authority to make major purchases and make financial decisions for the firm.
What are the C’s of team approach?
Commitment Competency Constructive Feedback Cooperation Creativity
Scrivener?
clerical
Pro se?
represent oneself
Difference between an equity partner and nonequity partner?
Equity partner is considered to have ownership stakes and share in the profits.
Nonequity partners are often granted certain limited voting rights with respect to firm operatons.
What in LinkedIn?
A network site dedicated to professionals to further their careers.
What are soft skills?
Interpersonal skills that govern how a person interacts with supervisors, coworkers, and clients.
Four steps of the hiring process?
Planning
Recruiting
Selection
Training
___ essential for success of a solid team
Cooperation
What does CEMEC stand for
Communication Education Motivation Evaluation Compensation
Four factors or elements contributed to the paralegal profession are?
Promotion by bar associations
Restructuring of other professions
Organization of paralegals and managers
Growth of paralegal education
What is the unauthorized practice of law?
Giving legal advice and representing a client in court or government agency that does not authorize nonlawyer representation. It is also preparing legal documents without the supervision of a lawyer.
What are “Danger Signals”
Job hopping Long commute to work Poor health Improper termination notice Questionable reasons for leaving Negative relationship with previous employer
Define paralegal manager
A senior paralegal with many years of experience. A paralegal manager is responsible for overseeing other paralegals.
NALA defines a paralegal as
A person, qualified by education, training, or work experience who is employed or retained by a lawyer, law office, cooperation, governmental agency, or entity.
Technology contributes to a paralegal’s thoroughness.
True or False
False
A paralegal may not
All of the above
A legal malpractice case may be tried either through the court system or without court involvement through arbitration.
True or False
True
Clients have listed communication to their case as the most important element of the attorney-client relationship.
True or False
False
The attorney-client privilege
A: applies only to communications between attorney and his legal assistant
B: does not include legal assistants
C: includes information that an attorney learns through investigation
D: none of the above
D
Which of the following forms of discipline is also known as public censure? admonition reprimand probation suspension disbarment
Reprimand
A goodwill letter is
E none of these
Legal referral services are exempt from solicitation accusations.
True or False
True
The attorney sets the objective of the attorney-client relationship. T or F
False
The attorney-client privilege will allow a client to testify, but will keep his or her attorney from testifying in a legal proceeding about communications made between the two in strict confidence. T or F
False
If an e-mail is sent to a client on an unsecured server, what is jeopardized?
Attorney-Client privilege
