Professional & Ethical Liability Flashcards
What is one example of conflict of interest?
A - Working at the same law firm where a paralegal’s co-workers were once employed
B - Disclosing details of a high-profile case to one’s neighbors
C - Being employed as a contract paralegal for numerous law firms
D - Working or knowing about a case where one’s prior law firm represented the opposing party
D - Working or knowing about a case where one’s prior law firm represented the opposing party
Conflict of Interest = situation where the consideration of one party is to the detriment of another
Paralegal’s conflict of interest may be with clients they work with, their co-workers, supervisors, etc. - avoid by asking law firm for list of legal cases the firm’s handling and review list to identify clients they may recognize from previous paralegal positions at other law firms/corporations
What is one of the most common complaints about attorneys?
A - They have too many clients to oversee each case individually
B - At times, they fail to communicate with the client regarding the status of their case
C - At times, they are rude to the staff
D - Most are accused of commingling client and general funds
B - At times, they fail to communicate with the client regarding the status of their case
One of the biggest complaints that attorneys encounter is the lack of communication with clients
How can a paralegal assist an attorney with communicating with the clients of their law firm?
A - Remind the attorney that clients are calling several times for case status
B - With the permission and oversight of the attorney, call the clients to discuss case status
C - Write the details of the clients’ request for case status
D - All the above
D - All the above
Paralegals can assist attorneys by exercising due diligence - reminding attorney that client has inquired about the status of their case
With attorney’s permission & oversight, paralegal can convey the case status to clients
What is an example of Unauthorized Practice of Law (UPL)?
A - An attorney giving legal advice to prospective clients
B - An attorney giving legal forms to a client
C - A paralegal giving a legal opinion to a friend
D - A paralegal giving legal forms to a client
C - A paralegal giving a legal opinion to a friend
The practice of law is any act that involves the giving of legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits.
Paralegals cannot:
- Provide direct legal advice to clients
- Represent a client in court
- Accept cases
- Set fees
- Negotiate legal matters on behalf of clients
- Represent clients in court settings
- Tell clients directly which legal forms to use
- Contract with, or be employed by, a natural person other than an attorney to perform paralegal services
What is an ethical wall?
An ethical wall is a screening mechanism that protects…
A - a client from a conflict of interest
B - the public from a conflict of interest
C - the courts from a conflict of interest
D - the client from slander
A - a client from a conflict of interest
Ethical wall is utilized by asking attorney and paralegals regarding any conflicts that may arise from law firm’s client list, such as when a lawyer or paralegal had previously worked for another firm for the same case
What can happen to a law firm if it is discovered that the attorney or law firm did not properly identify and disclose a conflict of interest?
A - The law firm can be disqualified
B - The case would be transferred to another court jurisdiction
C - The case would be expedited
D - The case would be given to another judge
A - The law firm can be disqualified
The Georgia case, Hodge v. Urfa-Sexton, LP, 295 Ga. 136 (2014), provides a scenario where a:
A - Case was adjudicated faster
B - Conflict of interest was discovered at a later time and eventually cause d the law firm to be disqualified
C - Conflict of interest was discovered at a later time and eventually caused the case to be transferred to another jurisdiction
D - Conflict of interest was discovered at a later time and eventually caused the case to be given to another judge
B - Conflict of interest was discovered at a later time and eventually cause d the law firm to be disqualified
Can an attorney be guilty of unauthorized practice of law (UPL)?
A - No
B - Yes, only if the legal advice is not their area of legal expertise
C - Yes, if the state bar association has suspended or disbarred their membership
D - Yes, if the state bar association indicated that the attorney has had prior complaints
C - Yes, if the state bar association has suspended or disbarred their membership
Attorneys can commit UPL if they have been disbarred or suspended from practice, and yet still practice law.
What is a conflict of interest?
A conflict of interest is a situation when the consideration of one party…
A - is the same as the other
B - is realized
C - is ignored
D - is to the detriment of another
D - is to the detriment of another
A conflict of interest is a situation where the consideration of one party is to the detriment of another.
What is one way that a paralegal can ensure their ethical compliance in their own state?
A - Adhere to the local paralegal association’s ethical guidelines
B - Adhere to the local bar association’s ethical guidelines
C - Know about the state’s laws or statutes concerning paralegal requirements
D - Know about the local state bar association’s’ ethical guidelines
E - Locate and understand the state laws or statutes concerning paralegal ethical requirements. If none, then refer to the state bar association’s ethical guidelines.
C - Know about the state’s laws or statutes concerning paralegal requirements
When emailing legal research results, notes, and memoranda, the paralegal should use the term “ATTORNEY WORK-PRODUCT” in the email “Subject” line because:
A - The work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel
B - The work-product doctrine is more exclusive than the attorney-client privilege
C - Where the attorney-client privilege only applies to communications between the attorney and the client, the work-product doctrine includes materials prepared only by the attorney
D - Attorney work-product are the products that paralegals can create for the attorney that are not confidential
A - The work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel
Work Product = the writings, notes, memoranda, reports on conversations with the client or witness, research, and confidential materials that reflect ant attorney or paralegal’s impressions, conclusions, opinions, or legal research, and suggested legal strategies or theories.
Work-product materials are confidential and are not required to be submitted in an answer to discovery requests or subpoenas - they’re the products that paralegals can create for the attorney that are confidential.
Work-product Doctrine = prtoects materials prepared in anticipation of litigation from discovery by opposing counsel and is more inclusive than attorney-client privilege which only applies to communications between the attorney and the client; the work-product doctrine includes materials prepared by people other than the attorney, such as paralegal
A paralegal should be proactive with their communications with all members of the legal team to:
A - Know about the legal procedures and practices that are being implemented and utilized in the law firm
B - Only understand specific directions for their multiple projects
C - Learn about law updates and which legal procedures and practices are being implemented and utilized in the law firm
D - Know about law updates that are being implemented and utilized in the law firm
C - Learn about law updates and which legal procedures and practices are being implemented and utilized in the law firm
A paralegal should be proactive with their communications with all members of the legal team to not just receive specific directions for their multiple projects, but to also learn about law updates and which legal procedures and practices are being implemented and utilized in the law firm.
