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97 Cards in this Set
- Front
- Back
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Which professional organizations agree on a definition of a paralegal?
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NALA, ABA
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Which professional organization voted to remove the term "legal assistant" from their definition of a paralegal?
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NFPA
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What are the tasks paralegals spend the most time performing?
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Document management
Client relations Research` |
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As a paralegal getting a case ready for trial, you will not spend time:
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Taking depositions
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Who were the first paralegals?
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Legal secretaries
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What was the reason for the growth of paralegal education programs?
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The demand for lower-cost legal services
The lawyers realized the benefits |
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The NFPA is:
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A paralegal association
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NALA and NFPA are:
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The two leading national paralegal associations
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Substantive law is law that:
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Creates legal rights
Creates legal obligations |
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An example of substantive law is:
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A law prohibiting environmental contamination
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An example of procedural law:
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A law requiring that a complaint be filed to begin a lawsuit
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Paralegal students study:
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Procedural law, substantive law, bankruptcy law (answer is "all of the above")
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A CLA is:
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A legal assistant who has passed the NALA certification exam
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The CLAS designation means that:
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A legal assistant has passed a test demonstrating competence in a legal specialty.
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Which of the following organizations administers the CLA and teh CLAS exams?
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NALA
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What does the designation "RP" behind a paralegal's name stand for?
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PACE-Registered paralegal
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Legal assistants must be able to keep confidences because:
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It is an ethical rule imposed on attorneys.
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Communication skills include which of the following?
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Reading skills
Oral communication skills Listening skills Writing skills (all of the above) |
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According to the text, at a minimum, with which computer softward should paralegals have experience?
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Word-processing software
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According to the text's featured guest article, Ten Tips for Effective Communication, which of the following will help a paralegal communicate effectively?
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Establishing comunication equality
Planning for time and space Aiming for satisfactory closure |
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Generally, paralegal organizations are in favor of:
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Voluntary certification programs
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According to the U.S. Department of Labor, what is true about the legal assistant profession through the year 2010?
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It is expected to grow much faster than average.
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What are places where paralegals work?
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Law firms
Corporations Government agencies |
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What is a disadvantage of working for a small law firm?
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Smaller salaries and benefit packages, if any
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For paralegals working in law firms, paralegal compensation:
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Increases by the number of attorneys
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Which of the following are disadvantages of working for a corporation?
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(NONE OF THE ABOVE)
Receiving higher salaries Working more regular hours Experiencing less stress No billable hours required |
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Paralegal compensation is affected by a number of factors including
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Firm size
Geographic location Years of work experience Area of practice (ALL OF THE ABOVE) |
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Most paralegals are compensated primarily by:
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Salaries
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What is a major issue in the paralegal profession?
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Exempt versus nonexempt employee status
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Exempt employee status is important because:
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Exempt employees are not paid overtime wages.
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In the case U.S. Department of Labor v. Page & Addison, P.C., a federal court found that paralegals were ___ employees.
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Exempt
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Paralegals in which region are generally receiving more in compensation?
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Northeast
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What is true about paralegals classification under labor laws?
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The question of how paralegals should be classified for labor law purposes continues to divide the profession.
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In locating potential employers, which of the following sources are helpful?
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Legal directories such as the Martindale-Hubbel Law Directory
Online employment ads The Yellow Pages Web home pages (ALL OF THE ABOVE) |
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According to the March-April 2002 issue of Legal Assistant Today, what percentage of paralegals are classified by their employers as exempt?
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47 percent
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Networking is:
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The process of making personal business connections in your field or profession
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Students can begin networking by:
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Cultivating relationships with instructors
Joining paralegal associations allowing student members Cultivating connections during an internship (ALL OF THE ABOVE) |
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Networking is:
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The process of making personal business connections in your field or profession.
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Students can begin networking by:
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Cultivating relationships with instructors
Joining paralegal associations allowing student members Cultivating connections during an internship (ALL OF THE ABOVE) |
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More paralegals find employment through what means?
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Networking
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When looking for a job, marketing your skills involves which steps?
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The application process
Interviewing Following up on job interviews (ALL OF THE ABOVE) |
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What is true about resumes?
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They should not include personal data.
They should be prepared with a computer if possible They should be carefully proofread (ALL OF THE ABOVE) |
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The purpose of a cover letter is:
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To capture the attention of a recruiter
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When providing professional references to a potential employer, which source should not be included on that list?
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Family members
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Before going to a job interview, you should do your "homework" by doing which of the following?
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Learning as much about the employer as possible
Learning the full name and position of the interviewer Anticipating possible questions and preparing answers Checking out the organization's Web site (ALL OF THE ABOVE) |
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Being on time is extremely important for a job interview. When preparing for an interview, you should:
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Allow enough time so that you arrive at least ten minutes before the interview
Be sure you know where the interviewer's office is located and how to get there Find out whether parking is available nearby |
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During a job interview, the interviewer asks you, "Have you ever assisted during trial?" This is an example of a:
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Closed-ended question
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During a job interview, the interviewer asks, "What would you do if a client asks you to give legal advice?" This is an example of a:
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Hypothetical question
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During a job interview, the interviewer says, "From your resume, I see that you were only at your last job for three months. Did you leave voluntarily or were you asked to leave?" This is an example of a:
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Pressure question
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The purpose of a record-keeping system created during a job search is to:
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Help you stay abreast of your job-search activities
Create a resource for networking after you have obtained a position Provide information for future career changes |
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Unless you are familiar with the salaries paid by a law firm, you should do what?
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Research the compensation paid to paralegals in similar jobs in your community
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The options for paralegal career advancement include:
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Being promoted to another job within the firm
Transferring to another department within the firm Taking a job with another firm |
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Which are ethical rules created by the ABA?
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The Model Code of Professional Responsibility
The Model Rules of Professional Conduct |
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___ representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.
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Competent
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Paralegal Samantha discusses confidential client information over the telephone in a reception area where several other clients can hear her. As a result, the client files a grievance with the state bar association and Samantha's supervising attorney is disciplined by the state bar. Samantha has breached the rule regarding client confidentiality? What other ethical rule is involved in this situation?
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Responsibilities regarding nonlawyer assistants
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___ is a serious disciplinary sanction in which the attorney is prohibited from practicing law in the state for a given period of time, such as one month or one year, or for an indefinite period of time.
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Suspension
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___ is a severe disciplinary sanction in which an attorney's license to practice law in the state is revoked because of unethical or illegal conduct.
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Disbarment
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A(n) ___ is a paralegal who offers services directly to the public for a fee without attorney supervision, usually by supplying forms and procedural information relating to simple or routine legal procedures.
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Independent paralegal
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Another term for an independent paralegal:
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Legal technician
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Anne Marie is a paralegal who sells "do-it-yourself" divorce and will kits to the public. She offers assistance in the form of typing services. According to your textbook, this type of practice is:
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Allowed in some states
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The legal consequences of violating legal ethical rules include:
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Exposure of attorneys and paralegals to legal liability
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A client must be able to confide in his or her attorney so that they can communicate openly and the attorney can best represent the client's interests. This is the:
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Rationale for the rule of client confidentiality
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The ABA Model Rules state what regarding the ethical rule of confidentiality?
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Paralegals should regard all information about a client or client's case as confidential.
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Mr. McMillan comes to attorney Robinson's office to file bankruptcy. Mr. McMillan provides attorney Robinson with considerable confidential information regarding his financial position, business dealings, and bank accounts. Attorney Robinson subsequently gives Mr. McMillan's file to his paralegal to use in drafting a bankruptcy petition. This is an example of:
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An impliedly authorized disclosure of confidential client information.
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Paralegal Jane and legal secretary Allison are eating lunch in a local restaurant that is popular among legal professionals. During lunch they discuss a well-known client's case and his poor financial condition. Their conversation is overheard by a paralegal who works for a bank where the client maintains his accounts and loans. This is an example of:
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A breach of the client confidentiality rule
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Never discuss a client's case in a common area (such as a hallway, elevator, cafeteria, or a restaurant) where a conversation might be overheard is a rule of thumb to follow to avoid what?
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Violating the rule of client confidentiality
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What are the consequences of violating legal ethics?
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A disciplinary proceeding against the attorney
A malpractice lawsuit against the attorney, paralegal, and other members of the firm A paralegal losing her job (ALL OF THE ABOVE) |
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Linda and Karen, both paralegals for the same attorney in a small general practice office, are riding home from work together on the bus. During their ride, they discuss a client who was in the office that day seeking to file for divorce. The client, who works in their building, is someone whom they have known for a long time, and they are shocked. What they don't know is that the client's wife is sitting in the seat behind them. The client's wife learns of the divorce and successfully hides $200,000 from a bank account so that it cannot be located and divided up as part of the property settlement. Once the divorce is final, the client says to his wife, "You must have known that I was planning to divorce you or you wouldn't have been able to hide that money." Without admitting that she hid the money, the client's wife says, "If you're so upset about losing the $200,000, why don't you sue your attorney and those two big mouths who work for him and ride my bus?" Which of the following actions can the client take?
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Seek to have disciplinary action brought against the attorney for violation of the client confidentiality rule
Bring a malpractice lawsuit against the attorney and his two paralegals Demand that the attorney pay him the $200,000 and fire his paralegals (ALL OF THE ABOVE) |
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An attorney's mental impressions, conclusions, and legal theories regarding a case being prepared for trial on behalf of a client are protected from disclosure by which of the following rules?
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The work product doctrine
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The Environmental Protection Agency demands copies of all files containing information on the Clean-Waste Company's violations of a the hazardous waste regulations. The EPA sued the Clean-Waste Company for these violations several months ago, and the case will go to trial in a few weeks. The attorneys employed by the Clean-Waste Company refuse to turn over their files, claiming protection under which rule?
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The work product doctrine
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The duty of competence can be breached by:
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Missing filing deadlines with the court
Including incorrect information in a legal document Inadequate attorney supervision of paralegals (ALL OF THE ABOVE) |
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A situation in which two or more duties or interests come into conflict is a definition of which of the following legal ethical rules?
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Conflict of interest
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Attorney Mitchell is approached by Jane Moore and Bob Danes, brother and sister, to handle the estate of their deceased mother. All goes well until it becomes clear that the mother's will favors the daughter, Jane. At this point, the son, Bob, decides to challenge the validity of the will. What type of ethical situation does attorney Mitchell face?
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A breach of the conflict of interest rule
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Attorney Smithers represented Computers Inc. in its initial incorporation five years ago. Today, Ms. Perkins has asked him to represent her in a patent-infringement action against Computers Inc. As a result of his former representation of Computers Inc., attorney Smithers is very knowledgeable about its products and their patents. May attorney Smithers represent Ms. Perkins in a patent-infringement action against Computers Inc.?
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No, because it would breach the conflict of interest rule
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Rhonda Robertson has taken a job with the law office that represents Silicon Valley Computers Inc., which is suing Computers Inc., her former employer, in a breach of contract case. Will Rhonda lose her job?
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No, if walling-off procedures are used.
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The simplest form of a business, in which one individual owns the business, is entitled to any profits, and is personally liable for all debts or obligations:
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A sole proprietorship
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What is true of working for a sole proprietorship?
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The work typically emcompasses a wide variety of tasks.
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A __ is an association of two or more persons to carry on, as co-owners, a business for profit, where each owner owns a share of the business and is personally liable for the firm's profits or losses.
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Partnership
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__ is a business entity in which the shareholders are members of the same profession, purchase the corporation's stock, own the firm, share in the profits and losses of the firm in proportion to the number of shares they own, and have limited personal liability.
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Professional corporation
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Rosa Sufuente is a paralegal working in a large law firm. Because of her experience, she has been promoted and now coordinates and oversees paralegal staffing, paralegal assignments, and paralegal professional development. Which of the following best describes Rosa Sufuente's position in the firm?
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Legal-assistant manager
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When first taking a job in a law firm, it is important for paralegals to know the status of law-firm personnel because:
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Paralegals should know to whom they are accountable and who, in turn, is accountable to them.
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Employment policies relating to compensation, employee benefits, performance evaluations, employment termination, and other rules of the work place are usually spelled out in a(n):
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Employment policy manual
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A typical law firm has what kind of files?
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Client files
Work-product files Forms files Personnel files (ALL OF THE ABOVE) |
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An efficient filing system:
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Helps to ensure that important documents will not be lost or misplaced
Ensures that important documents will be available when needed |
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Files containing copies of research projects, legal memoranda, pleadings, and other documents prepared by the firm's legal professionals are known as:
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Work-product or reference materials files
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You destroy old files no longer needed by:
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Shredding
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A set fee for a specific legal service, such as $500 for a simple will, is known as a(n):
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fixed fee
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Marta Greiner meets with her attorney, Norm Abrams, to incorporate her florist shop. The bill for the attorney's services is $1,500 -- three hours at $500 per hour. This is an example of which of the following types of legal fees?
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Hourly fee
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A __ is a signed document stating that the attorney or the law firm has been hired by the client to provide legal services and that the client agrees to pay the fees set forth in the contract.
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Retainer agreement
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An advance payment made by a client to a firm or attorney to cover part of the legal fees and/or costs that will be incurred on the client's behalf is a(n):
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Retainer
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Billing more than one client for the same billable time is:
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Double billing
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Attorney Michaels is a personal-injury attorney who represents Mary Roberts in an automobile accident case for which he charges a total of $3,000. Attorney Michaels then represents Karen Hoffman in a similar case and is able to reuse much of the research and documents for Mary's case. As a result, he is able to complete the work for Karen Hoffman's case in about half the time. Attorney Michaels charges Karen Hoffman $2,000. Attorney Michaels' billing practice is an example of:
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Value billing
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A __ is a bank or escrow account in which one party holds funds belonging to another party and which is ethically required for client funds.
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Trust account
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A __ is a record documenting, for billing purposes, the hours or fractions of hours that an attorney or paralegal worked for each client, the date on which the work was performed, and the type of work that was undertaken.
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Time slip
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A slip of paper used to record any expense or cost that is incurred on behalf of a client is called:
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An expense slip
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Time spent on tasks such as administrative work, staff meetings, or performance reviews is __ time.
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Nonbillable
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Law firms keep track of billable time by requiring legal professionals to submit time slips and usually require attorneys or paralegals to generate a minimum number of billable hours per year. The reason for requiring a minimum number of billable hours is:
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The financial well-being of the firm depends on the number of billable hours generated by its employees.
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