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75 Cards in this Set
- Front
- Back
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True or false?
In an emergency any member (of the Bar Association) may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily. |
True
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True or false?
When a member in a firm has sexual relations with the client but does not participate in the representation of that client, the lawyers in the firm shall not be subject to discipline (under Rule 3-120) solely because of the occurrence of such sexual relations. |
True
Rule 3-120d |
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True or false?
A member shall not seek, accept, or continue employment if the member knows or should know that the objective of such employment is to bring an action, for the purpose of harassing or maliciously injuring any person. |
True
Rules 3-200 |
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True or false?
A member shall not suppress any evidence that the member or the member's client has a legal obligation to reveal or to produce. |
True
Rule 5-220 |
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True or false?
It is okay for a member to represent a client in a matter in which another party's lawyer is a spouse, parent, child, or sibling of the member, lives with the member, is a client of the member, or has an intimate personal relationship with the member. |
False
Rule 3-320 ... unless the member informs the client in writing of the relationship. |
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True or false?
A member shall not enter into an agreement for, or charge, or collect an illegal or unconscionable fee. |
True
Rule 4-200 |
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True or false?
A member whose employment has been terminated shall promptly refund half of any part of a fee paid in advance that has not been earned. |
False
Rule 4-200 The attorney must promptly refund any part of the fee paid in advance that has not been earned. This provision is not applicable to a true retainer fee which is paid solely for the purpose of ensuring the availability of the member for the matter. |
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True or false?
A member shall not directly or indirectly purchased property at a probate, foreclosure, receiver's, trustee's, or judicial sale in any action or proceeding in which such member (or any lawyer affiliated by reason of personal, business, or professional relationship with that member or that member's law firm) is acting as a lawyer for a party or as executor, receiver, trustee, administrator, guardian, conservator. |
True
Rule 4-300 (A) |
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True or false?
A legal assistant needs ongoing education only if his or her firm pays for it. |
False
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True or false?
A legal assistant must protect the confidences of a client. |
True
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True or false?
A legal assistant must do what is necessary to obey the ethics rules of the court. |
True
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True or false?
Code of Conduct written by bar associations are only for attorneys; the codes for legal assistance come ONLY from the NALA. |
False
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Sometimes a client doesn't understand the difference between discussion and legal advice. If the client asks you a question that you know should be answered by an attorney, you should:
a) answer it if you know the answer b) answer it if you know what the attorney would say c) Offer to pass the question to the attorney and return the response d) Tell the client to wait until the attorney can speak with him/her |
c) Offer to pass the question to the attorney and return the response
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All work on the case is confidential, so:
a) you may only discuss the case with those involved, in private. b) you may only discuss the case with anyone in your firm, in private. c) you may discuss the case with your attorney, during lunch. d) you may discuss the case with your spouse, in private. |
a) you may only discuss the case with those involved, in private.
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Courtesy is:
a) more important with clients than with your coworkers b) not necessary when the client is rude c) helpful to build a team effort d) not required when you dislike a coworker |
c) helpful to build a team effort
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It makes sense to:
a) keep your voicemail greeting under 10 seconds b) check the spelling of names when you take a message c) ignore the phone when you're busy d) simply hang up on a rude caller |
b) check the spelling of names when you take a message
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Choose the most appropriate e-mail message:
a) That idea is ridiculous! b) Bob, you are wrong on this. c) Sorry Mr. Anderson, but u r incorrect. d) I'm sorry, Bob, but you are wring on this pint. |
b) Bob, you are wrong on this.
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Suppose the message has been sent to 10 people. Suppose that there is an embarrassing error in that message. You should:
a) Reply to Sender and ignore the error. b) Reply to All and ignore the error. c) Reply to Sender and correct the error. d) Reply to All and correct the error. |
c) Reply to Sender and correct the error.
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E-mail must be handled promptly and accurately. To accomplish both goals, you should:
a) type your reply and send. b) type your reply, proofread it, and send. c) type your reply, do other work for 10 minutes, proofread it, and send. d) do other work for 10 minutes, type your reply, proofread it, and send. |
b) type your reply, proofread it, and send.
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True or false?
It is permissible for an attorney to directly share his legal fees with anyone in his firm. |
False
Rule 1-320 |
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True or false?
It is acceptable for an attorney to assist his clients by paying some of the client's utility and other personal bills. |
false
Rule 4-210a |
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True or false?
A conversation pertaining to a newspaper article about your client or your case in which you enlighten the listener with correct or additional information is unethical. |
True
Rule 5-210 |
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True or false?
An attorney shall promptly communicate to the client all terms and conditions of any offer of settlement, no matter what the offer. |
True
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True or false?
An attorney may keep funds held for the benefit of the client to pay for cost advances in his office account. |
False
Rul 4-100 A |
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True or false?
After being retained, the attorney may lend money to the client upon the client's promise in writing to repay such a loan. |
True
Rule 4-210 A 2 |
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True or false?
Copying copyright protected material without permission is usually allowed for the purposes of of criticism, comment, news reporting, teaching, or research. |
True
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True or false?
As long as it is before the trial begins, an attorney connected with the case may communicate directly or indirectly with anyone the member knows to be a member of the venue from which the jury will be selected for trial for that case. |
False
Rule 5-320A |
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True or false?
A lawyer may accept a gift from the lawyer's client, subject to general standards of fairness and absence of undue influence. |
True
Rule 4-400 |
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True or false?
It is not necessary for an attorney who is serving as a temporary judge, referee, or court-appointed arbitrator, and a subject under the Code Judicial Ethics to Canon 6D to comply with the terms of that Canon. |
False
Rule 1-710 a member who is serving as a temporary judge... and his subject under the Code of Judicial Ethics to Canon 6D, shall comply with the terms of that Canon. |
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True or false?
If an attorney does not have sufficient learning and skill when the legal service is undertaken, the attorney may nonetheless perform such services competently by associating with consulting another lawyer reasonably competent. |
True
Rule 3-110 |
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True or false?
When a lawyer in a firm has sexual relations with a client but does not participate in the representation of that client, the lawyers in the firm shall not be subject to discipline solely because of the occurrence of such sexual relations. |
True
Rule 3-120 D |
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True or false?
A lawyer may form a partnership with a person who was not a lawyer so long as the activities of that partnership consists of the practice of law. |
False
Rule 1-310 a member shall not form a partnership with a person who is not a lawyer if any of the activities of that partnership consists of the practice of law. |
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True or false?
A lawyer shall not contract with a client prospectively limiting the lawyer's liability to the client for the member's professional malpractice. |
True
Rule 3-400 |
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True or false?
While representing a client, an attorney shall not communicate directly or indirectly about the subject of the representation with a party the member knows is represented by another lawyer in the matter, unless the party agrees to the communication. |
False
Rule 2-100 ... unless the member has the consent of the other lawyer. |
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True or false?
All persons being appointed as a notary public, no matter how many commission terms that person has held in the past, are required to take the initial six hour course of study. |
True
Gov. Code 8201 |
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True or false?
A notary public is limited to providing services only in the county where his or her old and bond are on file. |
False
Notary Handbook p. 6 |
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True or false?
In all client matters, you are advised to keep your client's interests paramount in the course of your representation of them. |
True
Rule 3-120 |
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Your attorney service has called from court at 3:30 p.m. to advise you the motion papers that must be filed today are being rejected because one of the papers has an incorrect case number on it. You ask the attorney service (or the court clerk) to line out the incorrect case number and right in the correct one, then file the papers.
Your actions would be considered: a) Good Judgment b) Inappropriate c) Unethical |
a) Good Judgment
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You work at a law firm that represents plaintiffs in personal injury lawsuits. A friend who is a chiropractor has referred several patients to your firm for possible representation in a lawsuit. To thank him, you have referred several clients to his office for treatment of injuries suffered as a result of accidents. Your conduct shows/is:
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Rule 1-320 |
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You just received your notary commission and your attorney has asked you to know to write his signature on a personal note. He also asked you to notarize his wife's signature and he offered to take your notary book home for her signature. Since you are familiar with her signature, you agree to the request.
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Gov. Coe 8206a |
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One of the firm's largest and most long-standing clients calls to talk with your attorney, who happens to be out of the office. Not only has the client known you for some time, but your lawyer has told the client that he admires your competence and respects your judgment. The client asks your personal opinion on a deal that he is contemplating. You should:
a) give him your personal opinion, after explaining that you are not a lawyer and cannot give legal advice b) explain to him that you are not an attorney and that even a personal opinion would constitute practicing law c) advise him that you will think about it and let him know later in the day what you think d) if you know what your employer would say, pass along the information, after telling the client that you are not a lawyer and cannot give legal advice |
b) explain to him that you are not an attorney and that even a personal opinion would constitute practicing law
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True or false?
An attorney can, without the informed written consent of each client, accept representation of more than one client in a matter in which the interest of the clients may potentially conflict. |
False
Rule 3-310 |
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A California attorney must return privileged legal papers that were inadvertently faxed.
a) show the document to your attorney and ask for his direction b) read the document and put it in the file c) call opposing counsel and let them know about the document |
a) show the document to your attorney and ask for his direction
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A client fired your law firm. The managing attorney has the client file copied and gives you specific instructions not to release the file until the 90 days plus a past due account is paid in full. The attorney's instructions show/are:
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Rule 3-700 D |
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Your attorney has received a settlement offer. The problem is that the offer is very, very low. He decides not to tell his client about the offer because he is afraid that the client will question his abilities if you can't obtain a better offer from the defendant.
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Rule 3-510 |
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Your attorney asks that you write a client's signature without the client being present to sign your book. You agree to do this.
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
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Your employer asks you to maintain your notary seal and stamp in a locked drawer in your desk at work. Your employer maintains the keys to your drawer. You agree to this arrangement.
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
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A new secretary discloses to you that she recently ended a long-term personal relationship with one of your firm's biggest clients. The relationship ended before the secretary started work at your firm. You tell the secretary that since the relationship is over, there is no need to tell anyone in the firm about the past relationship.
a) Good Judgment b) Inappropriate c) Unethical |
b) Inappropriate
Rule 3-120 C |
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You offer to help your boyfriend's mother prepare a form and record it.
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
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Your attorney's client has a very large amount of money in a bank account in a local bank. Your attorney advises the wife to move the money into a new account that would be unknown to the husband. Your lawyer's actions are:
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Rule 3-210 Rule 4-400 |
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You refer a friend to the corporate section of your firm. Your firm pays you a $250 referral fee. Your firm's actions were:
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Rule 1-320 B |
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The law firm you work with is part of the local county lawyer referral service. Your firm has an agreement to pay $200 annual registration fees to the lawyer referral service for their participation. Your firm's actions are considered:
a) Good Judgment b) Inappropriate c) Unethical |
a) Good Judgment
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A commercial that says, "bring your workers compensation case to ask, we will review it for free and we promise to win your case for you!" The commercial is considered to be:
a) Good Judgment b) Inappropriate c) Unethical |
c) Unethical
Rule 1-400 F1 |
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You notice that one of the clauses in a settlement agreement demands that your a firm no longer represent any water agencies. You bring this to your attorney's attention. Your actions are considered to be:
a) Good Judgment b) Inappropriate c) Unethical |
a) Good Judgment
Rule 1-500 |
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Your attorney tries to prevent a client from committing a criminal act that will likely result in a death or substantial bodily harm; however he fails in his attempts. Your attorney remains quiet and waits for the fallout. Your attorney's actions were:
a) Good Judgment b) Inappropriate c) Unethical |
b) Inappropriate
Rule 3-100 B and E |
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You have no proof that a coworker is abusing alcohol at work, but you decide to confide your suspicions to your boss. Your actions are:
a) Good Judgment b) Inappropriate c) Unethical |
b) Inappropriate
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True or false?
A lawyer should help maintain the integrity and competence of the entire legal profession. |
True
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True or false?
A lawyer should not care if a defendant cannot afford an attorney. |
False
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True or false?
A lawyer should not care if another person practices law without authorization. |
False
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True or false?
A lawyer may share a client's secrets if it is off the record. |
False
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True or false?
A lawyer should always use independent professional judgment for his or her client. |
True
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True or false?
A lawyer should represent his or her client competently. |
True
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True or false?
A lawyer may bend the law to zealously represent a client. |
False
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True or false?
A lawyer should consider that the legal system is the best it could possibly be. |
False
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True or false?
As long as a lawyer obeys rules of professional propriety, appearances do not matter |
False
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True or false?
A legal assistant may perform an attorney's duty as long as he or she knows what the attorney would do. |
False
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True or false?
If ethics prevent an attorney from taking an action, the legal assistant may do it because he or she is not an attorney. |
False
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True or false?
If an attorney has the proper attorney/client relationship and responsibility, a legal assistant may perform any task that the attorney delegates to him or her. |
True
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True or false?
A legal assistant may negotiate fees with a client. |
False
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True or false?
A legal assistant may represent a client before the court if the court has authorized the assistant to do so. |
True
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True or false?
As long as an assistant strictly follows the rules of ethics, appearance doesn't matter. |
False
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True or false?
A legal assistant may give legal advice to his or her friends. |
False
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True or false?
A legal assistant may render independent legal judgment if he or she has enough knowledge and experience to do so. |
False
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True or false?
A legal assistant must make sure the client understands that he or she is not an attorney; that is, if the client needs advice that only an attorney may provide, the legal assistant must defer to an attorney. |
True
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True or false?
If the court clerk assumes that a legal assistant is an attorney, then the legal assistant doesn't have to correct that error. |
False
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