Midterm Exam Review for Legal Ethics: Key Concepts and Tips

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 1/21 * Some questions not yet graded Midterm Exam Due Nov 19 at 11:59pm Points 200 Questions 43 Available Oct 30 at 12am - Nov 26 at 11:59pm Time Limit 120 Minutes Instructions Attempt History Attempt Time Score LATEST Attempt 1 63 minutes 152 out of 200 * Score for this quiz: 152 out of 200 * Submitted Nov 19 at 9:20pm This attempt took 63 minutes. You will have two hours to complete this exam over Modules 1-4. It is open book, open notes. There are 43 questions of various types. Good luck! The test will automatically submit when the time limit is up. Please read each question carefully and completely and select or enter the best response. When you are ready to begin, click the "Take the Quiz" button. Click "Submit" when you are finished. 4 / 4 pts Question 1 Alice has just completed her paralegal education! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You could suggest that she moves to: New York or New Jersey Delaware

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 2/21 California Mars - Perhaps there is paralegal licensing there - there are currently no states that license paralegals in the US. Correct! Correct! 4 / 4 pts Question 2 Chris is the owner of Chris's typing and legal services. Sophia goes to Chris and says "I have to file bankruptcy because my house went into foreclosure. Where do I start? Chris replies "If you pick out the form and fill it out, I will type it for you for $25. You don't have to have it typed. You can just buy the form for $5, fill it out in pen and file it yourself. Chris: commite UPL if he sells a form to Sophia has not yet committed UPL in this hypothetical Correct! Correct! commits UPL when he tells Sophia that the form does not have to be typed because court procedure is legal advice commits UPL when he tells Sophia to pick out a form 4 / 4 pts Question 3 Client Mark confessed to paralegal Beverly that he lied on an answer to interrogatories. Beverly reported the lie to her supervising attorney and wrote a memorandum to the file about it as well. When Mark later sues Beveryl's law firm for malpractice, the firm:

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 3/21 can use the information without regard to its confidential nature because the malpractice action makes Mark adverse to the law firm cannot use the information that Mark lied against him because it is confidential can use the information only if it is relevant to the defense of the malpractice claim Correct! Correct! cannot use the information that Mark lied in the malpractice case because it is attorney/client privileged information. 4 / 4 pts Question 4 The activities of a paralegal do not constitute the practice of law as long as they are _____. limited to work of a preparatory nature Correct! Correct! educated at a certified paralegal school incidental to the client’s case correct in the legal advice they provide to a client 4 / 4 pts Question 5

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11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 4/21 If a client asks a paralegal how her case or matter is progressing, the paralegal should _____. respond with an opinion about the chance of winning. tell the client that as a paralegal he does not know this information tell the client that he cannot guess because juries are unpredictable tell the client the procedural steps that have been taken in the case Correct! Correct! 4 / 4 pts Question 6 A paralegal may appear in court on behalf of the client if _____. the client consents to the appearance the paralegal's representation is on the paralegal's own behalf the paralegal's representation is permitted administratively or statutorily Correct! Correct! the client has no other legal representation 4 / 4 pts Question 7 If a paralegal prepares a letter that contains information that might be construed as legal advice, he/she should _____. ask another more experienced paralegal to sign the letter sign the lawyer's name and initial it

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 5/21 give it to the lawyer for his/her review and signature Correct! Correct! sign the letter 4 / 4 pts Question 8 To avoid unintended unauthorized practice of law through misrepresentation, a paralegal has the responsibility to _____. identify the attorney for whom he/she works identify him/herself as a nonlawyer Correct! Correct! provide a business card that states he/she is an associate, as opposed to an attorney, at a legal firm inform an attorney of any legal work he/she is performing 4 / 4 pts Question 9 The reason behind state regulation of activities of paralegals to ensure they are not mistaken for lawyers is _____. to protect the stature of licensing in the legal field to ensure paralegals are consistent in the manner by which they advertise to establish revenue opportunities in support of the ABA

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 6/21 to protect the public from innocent mistakes regarding those tasks a paralegal may perform Correct! Correct! 4 / 4 pts Question 10 Respondeat superior in the context of UPL means _____. the lawyer is responsible for the acts of his/her paralegal Correct! Correct! the lawyer must make reasonable efforts to see that the paralegal’s conduct conforms to the ethical obligations of the lawyer paralegals are responsible for the acts of the attorneys that they assist the lawyer is not responsible for the acts of his/her paralegal 4 / 4 pts Question 11 Which of the following is an example of a business relationship between a paralegal and a lawyer that exhibits unauthorized practice of law? The lawyer includes the paralegal in a compensation or retirement plan in a practice of law. The attorney directs or controls the professional judgment on behalf of the client in a practice of law.

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11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 7/21 The paralegal directs or controls the professional judgment of the attorney. Correct! Correct! All business relationships between a paralegal and a lawyer represent unauthorized practice of law. 4 / 4 pts Question 12 The Model Rule says that members of the legal profession should assist laypeople in recognizing their legal problems because _____. it provides needed income to the news and advertising media legal problems are not always obvious to laypeople Correct! Correct! it is a good idea to keep lawyers' names out in the public it does not harm anyone 4 / 4 pts Question 13 The widening gap between the need for legal representation and satisfaction of that need stems from the cost for legal assistance and _____. legal assistance requirements the desire to have legal assistance the ignorance of the need for legal assistance Correct! Correct! the ignorance of paying for legal services

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 8/21 4 / 4 pts Question 14 One reason why the practice of law is limited to lawyers is because _____. non-lawyers are not current on law and legal procedure lawyers are subject to disciplinary regulations as set out by each state, which offers clients certain protections Correct! Correct! lawyers ensure their clients that their services are aligned with the cost of authorized representation non-lawyers are subject to disciplinary action, which may offer clients certain protections 4 / 4 pts Question 15 When a legal opinion comes from a legal professional other than a lawyer, the legal professional is providing access to justice but, at the same time, providing _____. information that is authorized and appropriate a disservice to the legal protection of the public Correct! Correct! free legal services

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 9/21 assurances that he/she is competent in the practice of law 4 / 4 pts Question 16 The duty of all legal professionals is to protect the public, which is reinforced by _____. free legal services providing access to justice through advertising providing access to justice through authorized practitioners of law Correct! Correct! allowing paralegals to provide legal opinion to clients who otherwise cannot afford a lawyer 4 / 4 pts Question 17 In general, information paralegals gain about a client from that client _____. is protected work product is confidential information Correct! Correct! is not protected by the attorney-client privilege must be documented to be confidential

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11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 10/21 4 / 4 pts Question 18 Confidential information is all information _____ regardless of the source of that information. relating to the client's history relating to a case relating to the client's business-related activities relating to the representation of a client Correct! Correct! 4 / 4 pts Question 19 Information is confidential only if _____. the information relates to criminal activities the information relates to representation of the client Correct! Correct! the information is provided by the client the court deems the information confidential 4 / 4 pts Question 20 Information that is obtained from public records is still considered confidential if _____. the information in the public record relates to representation of the client Correct! Correct!

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 11/21 the public record is provided by the client the court seals the public record the public record has not been seen 4 / 4 pts Question 21 Once a client has retained a lawyer to represent him _____. all information obtained in the course of representing that client is confidential Correct! Correct! only information about this particular matter is confidential only information coming directly from the client is confidential only that information that the client requests to be confidential is confidential 4 / 4 pts Question 22 The duty of confidentiality terminates _____. never Correct! Correct! once the case is completed once the client dies if the information is available publicly

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 12/21 4 / 4 pts Question 23 A client gives a public statement about information pertaining to his case. At this point, the attorney and legal team _____. is allowed to publicly confirm the client's information continues to be bound by the duty of confidentiality Correct! Correct! is required to reveal details of the information provided by the client is no longer bound by the duty of confidentiality 4 / 4 pts Question 24 Information obtained on behalf of the firm's client must be kept confidential by a paralegal _____. except if the client is a minor except if the client advises the paralegal on the phone that permission to release it is granted except if the adversary requests the information in a formal legal notice except if the attorney advises that the paralegal may release it Correct! Correct! 4 / 4 pts Question 25

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11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 13/21 If a paralegal overhears a conversation between a lawyer he does not know and that lawyer's client in a public place, _____. the paralegal has no obligation to keep that information confidential Correct! Correct! the client has waived the privilege of confidentiality the issue of waiving confidentiality will need to be decided by the courts the paralegal must maintain confidentiality 4 / 4 pts Question 26 Confidential information may be released _____. to convince the client to reveal other information if the party receiving the information does not know the client if the law firm is defending another client who could benefit from the information if the law firm must use the information in its defense against a negligence claim by the client Correct! Correct! 4 / 4 pts Question 27 A paralegal tells a friend, " Mr. Jones, our firm's new client, has never paid income taxes." The paralegal has _____.

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 14/21 done nothing wrong violated her duty of confidentiality Correct! Correct! violated the attorney-client privilege violated the work product doctrine 4 / 4 pts Question 28 A paralegal attends an office conference about Mr. Jones, a client who has not been paying taxes. Mr. Jones is not present. The supervising attorneys discuss how best to get Mr. Jones cleared of any potential tax fraud charges. The paralegal should _____. talk to a higher supervising attorney about this conversation tell her office manager that the lawyers are planning a cover-up call the state bar and report conduct anonymously not be concerned because the conversation was perfectly ethical Correct! Correct! 4 / 4 pts Question 29 A paralegal is supporting the defense of a client in a highly publicized case. A friend asks about the details of the case. The paralegal should respond _____. by emphasizing that he/she should not discuss the case due to his/her duty of confidentiality

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 15/21 with minimal details that are already available in the newspapers in a manner that demonstrates no knowledge of the client Correct! Correct! with information that corrects errors in the public information 4 / 4 pts Question 30 Attorney-client privilege applies only to information that _____. is known only by the client, his attorney, and at most one other person relates to the representation of a client is shared only between a client and his/her legal representation Correct! Correct! is not public information 4 / 4 pts Question 31 An attorney cannot be called upon to testify about information provided exclusively to him by his client because of _____. work product privilege attorney-client privilege Correct! Correct! duty of confidentiality subpoena

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11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 16/21 4 / 4 pts Question 32 Any individual who is used as a conduit of secret information between the client and his attorney are protected by attorney-client privilege and _____. cannot be called to testify about the privileged information Correct! Correct! may discuss the information only after the case is completed may be subject to subpoena will be required to document the privileged information to establish the protection 4 / 4 pts Question 33 Which of the statements below is most accurate regarding what is considered confidential information by legal professionals? Information does not need to relate to the representation of the client to be considered confidential. Information that relates to the representation of the client is to be considered confidential. Correct! Correct! For information to be considered confidential, it must be information that was learned from the client. Attorney work product is not considered confidential.

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 17/21 4 / 4 pts Question 34 Which of the statements below is most accurate regarding attorney/client privilege and confidential information? There are no differences between the concept of confidentiality and the attorney/client privilege. The attorney/client privilege is a duty legal professionals owe to their clients. The attorney/client privilege prevents disclosure anywhere at anytime to anyone. The attorney/client privilege only prevents disclosure inside the judicial process. Correct! Correct! 4 / 4 pts Question 35 Information a paralegal obtained through personal activities outside of the office about the representation of a client by the firm at which you are employed _____. is not confidential because it is available to the public is confidential because it is about the representation of the client Correct! Correct!

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 18/21 is arguably confidential and should be discussed with the supervising attorney is not confidential 4 / 4 pts Question 36 An exception to the confidentiality rule is which of the following? A legal professional in the course of undergoing psychiatric care may not discuss a client or a case with their psychiatrist. A legal professional may discuss their clients with their spouse because the spousal communication is a protected class. The law firm may use some confidential information to defend itself against a criminal claim by the client. Correct! Correct! There are no exceptions to the confidentiality rule. 4 / 4 pts Question 37 Attorney work product is _____. only work produced by attorneys work produced by a legal professional for a client’s case. Correct! Correct!

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11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 19/21 the law school assignments of law students. not research notes 4 / 4 pts Question 38 The work product privilege may be waived for information provided by a witness if _____. it is easier to obtain the work product than to conduct another interview there is substantial need for interview notes from a deceased witness Correct! Correct! the adversary requires the information the adversary has inadvertently disclosed other information Not yet graded / 10 pts Question 39 Your Answer: Explain who generally oversees and regulates paralegals and why? Up to 10 pts possible The lawyers/attorneys that the paralegal works for. Paralegals are usually regulated by voluntary or mandatory registration, statutory regulations passed by the state bar association or legislature, or rules administered by the state bar association of the state where the paralegal is employed. The Paralegal can get a job with an attorney and that attorney can regulate them, they act as the attorney assistant.

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 20/21 Not yet graded / 10 pts Question 40 Your Answer: Would it ever be ethical to engage in an intimate relationship with a client - explain yes or no and why or why not in detail (up to 10 pts) It would unethical to be engaged in an intimate relationship with a client. Lawyers can be disciplined for doing so. Model Rule 1.8 imposes a per se ban on attorney-client sex. The ban carves out only sexual relationships that predate the attorney-client relationship. Only time that it can be considered ethical would be a lawyer representing their spouse. Clients come to their lawyers for help in solving their legal problems and want to be able to trust them. Not yet graded / 12 pts Question 41 Your Answer: Discuss 3 possible penalties for the Unauthorized practice of law in detail (up to 12 pts) Three possible penalties for unauthorized practice of law could be incarceration, restitution, and probation. Incarceration would occur if someone was convicted of the crime of unauthorized practice of law. A misdemeanor conviction can lead to a one-year sentence in county jail, whereas a felony conviction could be a year or more in prison. Restitution would occur if someone was convicted and charged a victim a fee for the services, the courts would make them pay restitution payment. It would a separate penalty from any fines they would be forced to pay. Probation would occur if they were convicted of practicing law without a license. Not yet graded / 10 pts Question 42

11/26/23, 8:22 PM Midterm Exam: 50P-Fall 2023-Legal Ethics https://ivylearn.ivytech.edu/courses/1215436/quizzes/4304364 21/21 Your Answer: Explain the differences between attorney/client privilege, work product doctrine and client confidentiality (up to 10 pts) Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client a secret. The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. Client confidentiality is the principle that an institution or individual should not reveal information about their clients to a third party without the consent of the client or a clear legal reason. Not yet graded / 6 pts Question 43 Your Answer: Should paralegals be regulated by the state government like lawyers are? Why or why not? I do think paralegals should be regulated by the state government like lawyers. Paralegals take it upon themselves to earn professional credentials voluntarily, and the attorneys that hire them are responsible for screening them for job positions. A paralegal job is no joke, they have serious duties and they are practically doing the work for the lawyer. They have direct client interaction, handle documents, and have to follow the same rules as an attorney. Quiz Score: 152 out of 200

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Midterm Exam_ 50P-Fall 2023-Legal Ethics

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