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T or F: The NALA dicument that provieds an outline for the proper use of paralegals by attorneys is known as NALA Code of Ethics and Professional Responsibility |
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T or F: In an effort to resolve the situation without a hearing and ath the instructons of the supervising attorney, it is permissible for a paralegal toe review with opposing counsel preliminary objctions to answers to interrogatories submitted by that attorney's client |
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T or F: It is permissible for a busy attorney to undertake representation of a client if she knows that she will not be able to do anything with the case for another nine months, so long as she discloses this fact to the client and so long as the client consents |
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T or F: It is unethical for a lawyer knowingly to offer evidence tha s prejudicial |
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T or F: A paralegal cannot give a presentation of social security law at a senior citizens' center if any portion of the presentation will be devoted to answering specific questions from the audience. |
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T or F: Sharon is a paralegal for Adam Williams and is also a notary public. One morning Adam brings an affidavit to Sharon, which already has been signed by Adam's client, Javier Garcia, and ask Sharon to notarize the affidavit. Sharon should not notarize the signature unless Mr. Garcia calls her and confirms that it is his signature. |
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T or F: It is permissable for a paralegal to propose and to implement a discovery plan in a personal injury case. |
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T or F: If the rules of an administrative agency permit nonlawyer practice, an attorney ethically may not restrict the right of a paralegal employed by her to appear beforethat agency on behalf of the lawyer's client |
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T or F: While interviewing a witness in a personal injury case, the witness relays facts to the paralegal which indicate that our client may have been the cause of the collision. If the paralegal were deposed about this interview, she could refuse to answer questions based upon attorney-client privilage. |
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T or F: Under existing ethics rules, all contingent fee arrangements must be in writing |
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T or F: It is never permissible for a lawyer to represent adverse parties in a case. |
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T or F: It is unethical for a law firm to advise a client's creditors of a settlement made in a case so that the creditor may attach the settlement. |
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T or F: Lawyers are requires to segregate client funds from operating funds because of ethics rules. |
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T or F: Under current ethics rules, a lawyer who is also a licensed insurance broker may join both business activities in the same office |
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T or F: Different ethics rules apply to paralegals who offer their services only to licensed attorneys than to paralegals who are employed full-time by licensed attorneys. |
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T or F: A paralegal who discusses a client's case while at a friend's wedding violates the client's special right to privacy, which is called confidentiality. |
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T or F: A law firm may not be paid by trust company to draft wills in which the trust company is named as trustee |
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T or F: When an attorney knows that her client has committed the criminal offense as charged, she should withdraw from the case because she cannot zealously defend someone who is guilty |
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T or F: Under current ethical rules, sanctions may be imposed upon the supervising attorney when his or her paralegal drafts a frivolous discovery request |
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T or F: If the rules of an administrative agency permit non lawyer practice, a paralegal may establish an independent practice which consists exclusively of representing clients before that administrative agency |
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T or F: If the supervising attorney instructs him to do so, a paralegal ethically may contact opposing counsel and try to determine the possible range of settlement figures that the opposing party might be willing to accept, so long as the paralegal identifies himself and so long as no specific amount is offered in settlement |
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T or F: When statements are sent to clients, the paralegal's time may be billed at the same rate as the supervising attorney's, as long as the profit (the difference between the paralegal's billing rate and theh lawyer's billing rate) is donated to the client loss fund of the state bar association |
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T or F: In Kenny's capacity as a paralegal over the last 20 years, he has seen innumerable people simply plead guilty or no contest to minor criminal charges because they earned too much to have appointed counsel but did not earn enougth to hire a lawyer. Quite troubled in this situation, Kenny prepares a brochure that outlines steps of basic criminal procedure as well as the various options that a defendant may request when he apprears in court. Kenny wants to have the brochure distributed on the sidewalk outside the courthouse. There will be no charge for the brochure, and he plans to use volunteers for distribution. If Kenny distributed the brochure as planned, he will be in violation of most states' UPL statutes |
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T or F: Laura is a paralegal with the O&I Law Firm. Her supervisor has asked her to draft a type of document that she has never drafted before and that is not contained in the firm's form files. While searching some older files, she finds a document published and copyrighted by a real estate company which is exactly what she needs. Because the document comes from an old client file found in the law office, it is permissible for Laura to copy it as her own work product |
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T or F: A grateful client sends a diamond-studded pen holder to a paralegal, as a way to say thanks for a job well done. It is permissible for the paralegal to accept the pen holder |
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