Final Exam

Final Exam

When Paralegal Jenny goes to the local courthouse, she can retrieve a list of upcoming home foreclosures. What can Jenny do with this information?

 

A.Her employing law firm can send a direct mail advertising to the people on the list, providing information about the law firm and its services.
B.Jenny has to wait 30 days after the posting but can contact the people on the list after that time.
C.Her employing law firm can call the people on the list and offer to represent them.
D.Jenny can go door-to-door and talk to the people on the list about her law firm and what they can do to help     After working on the defense side of asbestos litigation for many years, Paralegal Kawika decides he wants to work for a small firm and branch out away from asbestos into real estate or family law. Kawika sends out some resumes and gets a call from a law firm that does primarily real estate and family law but does represent some asbestos plaintiffs. Kawika should   A.interview with this firm but bring a list of his current clients with him so they can check for conflicts.   B.interview with this firm and accept an offer from them only after getting a written waiver of the conflict from his current employer   C.not bother to interview with this firm because the conflict of interest is obvious and no asbestos plaintiffs lawyer would hire him.   D.interview with this firm and accept an offer from them only after getting a written waiver of any potential conflicts from the new employer       2.5 Points   Paralegal Bryce prefers freelance work. In order to get clients, Bryce may   A.advertise his services in any publication.   B.advertise his services in publications that target lawyers and law firms.   C.not advertise because it is illegal for paralegals to advertise.   D.not advertise in publications but he can call law firms and ask for employment.         Lara Lawyer’s standard advertising says: “Contingency fee arrangements available in personal injury cases. No Recovery, No Fee!” This ad is   A.misleading and deceptive if clients are held responsible for paying costs even if they lose.   B.not permissible because it is illegal for lawyers to advertise fees.   C.perfectly fine and a fairly typical ad.   D. misleading and deceptive only if clients are held responsible for paying costs when they lose.             Question 5 of 25 2.5 Points   Patty Paralegal’s job requires her to call all 250 of the firm’s corporate clients twice each year and give them some information. Most of these telephone calls take less than 2 minutes, especially if she can just leave a voicemail. The smallest billable amount at Patty’s law firm is .1 or 6 minutes. If Patty makes 30 phone calls per hour, but bills them at 6 minutes, Patty’s one hour becomes 3 hours. Therefore, at the end of an 8 hour day, Patty can bill 24 hours! Patty should   A.ask her supervising lawyer for permission to not bill clients for this service but ensure that the time she spends at this task is added to her annual cumulative billable hours.   B.bill each call at a full hour because no one is going to know.   C.ask her supervising lawyer for permission to just not bill clients for this service.   D. bill each call at 2 minutes and let the accounting department deal with it.                 Question 6 of 25 2.5 Points   Rhonda Lawyer has agreed to take on the criminal defense case of the famous rap star: Bent Nikel. Bent has been arrested for the murder of his 3rd wife. As part of the fee agreement, Rhonda, a budding writer, wants to secure the literary rights to the entire story. Bent has no objections to this agreement. As Rhonda’s trusty paralegal, you should   A.advise Rhonda that you would like to help her with her book.   B.advise Rhonda that she should make Bent pay her for writing his life story.   C.advise Rhonda privately that this agreement is probably a violation of her ethical duties.   D.advise Rhonda that Bent can give her the literary rights             Question 7 of 25 2.5 Points Laura Lawyer ‘s client Curtis brought a check for $2000 to Laura as an advance payment retainer. Laura instructs you to include the payment in Curtis’s fee agreement and put this money in the firm’s General Operating Account. You   A.should put this money in the trust account so that it can be drawn against as the firm incurs costs and fees on behalf of Curtis.   B.should put this money in the trust account because it belongs to the client until it is earned.   C.can do this because an advance payment retainer is considered earned when Laura receives it. No part of the money belongs to the client so it does not have to be put in the Trust Account.   D.should deposit this check but make no note of it in the fee agreement because it is not proper to make this sort of note in a fee agreement.
Question 8 of 25	2.5 Points

 

Maggie Rudin was accused of murdering her millionaire 4th husband. Because she was denied access to her husband’s money, Rudin needed a pro bono lawyer. Attorney Amador agreed to take the case pro bono in exchange for the right to turn her story into a movie script. Rudin agreed. Each time Rudin met with Amador, Amador made sure the t.v. news media was there so that the public would get a picture of her as the wrongly accused grieving widow. Amador did not interview witnesses, but had all of the documents copied and placed into trial notebooks. Before trial, Amador took a month-long vacation and left Rudin’s case with the public defender assisting on the case. Which of the following can be said of Amador?

 

A.Amador was negligent in the preparation of Rudin’s defense only if she is convicted.
B.Amador was not negligent because everyone prepares for trial differently.
C.Amador was negligent in the preparation of Rudin’s defense if his action/inaction fell below the standard of care of the reasonable lawyer under the circumstances
D.Amador was not negligent because he was part of a defense team and the rest of the team had an equal obligation to prepare for trial.

 

 

 

 

Question 9 of 25

2.5 Points

 

Attorney Brite represented Martin in a personal injury case for injuries that she received when a kitchen cabinet in her apartment fell on her. The complaint that Brite filed on Martin’s behalf named many defendants, including various subcontractors and others, some of whom later provided evidence that they should not have been named as defendants. Several of the defendants named in the complaint filed motions for summary judgment. Brite delegated responsibility for opposing those motions to a new associate in his office, Gresby. Gresby had minimal legal experience and never opposed a motion for summary judgment. Brite was aware of Gresby’s inexperience, but he assigned the matter to Gresby nonetheless. To respond to the summary judgment motions, Gresby needed to submit documents or affidavits on Martin’s behalf that would show the court that there was a genuine issue of material fact requiring a trial. Rather than doing so, Gresby opposed the motions orally, relying solely on legal arguments. The trial court granted the defense motions. Brite

 

A. will not be found to be incompetent unless Martin loses her case.
B.should be found to be negligent for improper delegation and supervision AND filing a complaint against defendants without first doing enough background on the case to determine the proper defendants
C.should be found to be negligent for improper delegation and supervision of his associate.
D.will not be found to be incompetent because it was Gresby who wrote the losing summary judgment documents.

 

 

 

Question 10 of 25 2.5 Points Sarah has just been made a member of the bar and is going to open her own law office. You will be her first employee! What advice can you give her about professional liability insurance.   A.It would be a good idea to research state law to find out if professional liability insurance is mandatory in your state. She will need a different policy to insure the firm for bodily injury and property damage because professional liability insurance covers direct financial loss and expense to the legal professional that arise from claims of neglect, omissions or errors, but not intentional torts.   B.professional liability insurance does not cover bodily injury or property damage.   C.professional liability insurance covers direct financial loss and expense to the legal professional that arise from claims of neglect, omissions or errors, but not intentional torts.   D. some states require lawyers to have professional liability insurance (so we should go look that up.)

 

 

Question 11 of 25

2.5 Points

 

Attorney Evans lost a motion for a new trial. In his anger, he wrote a letter to the judge accusing him of making the adverse ruling based on religious bias because both the judge and opposing counsel are Jewish, and Evans is not. While appealing the judge’s ruling, Evans wrote to the judge:” I feel that your Ruling was either the result of your incompetence in the matter or perhaps worse and reflected a Jewish bias in favor of the Kaplan firm whose actions were in my judgment inexcusable in this cause. If in fact it represents incompetence I will drop the matter but if it is a Jewish bias I will file a complaint under the Rules for Handling Complaints of Judicial Misconduct or Disability.” Evans:

 

A.will be found to be incompetent to continue to practice law because his letter was discourteous, prejudicial to the administration of justice, and defamatory.
B.may be found to be incompetent to continue to practice law only if he loses his appeal.
C.cannot be found guilty of anything, or incompetent, because his words are protected by the First Amendment.
D. may be found to be rude, but nothing more
Question 12 of 25	2.5 Points

 

Jody and Sam have agreed to end their marriage amicably. They have worked out all of the details of who will get what assets and how their money will be divided. In order to save money, they want to hire one lawyer to write up their agreement. Larry Lawyer

 

A.can take this representation so long as both parties sign a waiver of the conflict.
B.should not take this representation because, even if Jody and Sam have agreed to all of the details of their agreement, there is a conflict of interest between the two people.
C.is obligated to take the representation because lawyers have a duty to take cases regardless of how they feel about the clients.
D.can take this representation so long as both parties pay him an equal amount.
Question 13 of 25	2.5 Points

 

Bronson Paralegal is writing a motion that will be filed with the state court. He has located a case that holds exactly the opposite of the point he is trying to make. In order to rectify what Bronson sees as a losing motion, Bronson simply quotes from the case’s ruling and inserts the word “not” at the appropriate place. Now the quote stands for the proposition that Bronson needs. “Unless the judge reads very carefully, he will never notice this small insertion,” thinks Bronson. Just to be sure his supervising attorney doesn’t get into trouble, though, Bronson tells the attorney what the case really says. Which of the following is likely to happen next?

 

A.Bronson may be told to fix the sentence back to an accurate quote, even if it means losing the motion.
B.Bronson may be fired for attempting to mislead the court but, at the very least, he will be in alot of trouble.
C.Bronson may be demoted from doing legal research to organizing documents.
D. Bronson will be told to fix the sentence back to an accurate quote, he may be demoted or he may be fired for attempting to mislead the court
Question 14 of 25	2.5 Points

 

The plaintiff, Leandro Rizzuto, climbed a ladder manufactured by the named defendant, Ladders, Inc. while shopping at a Buy-It-All store. The ladder collapsed suddenly and the plaintiff fell to the floor, incurring serious physical injuries. The plaintiff filed a product liability action against Ladders and the defendant, Buy-It-All, alleging that the ladder had been manufactured and designed improperly, and had been sold without proper warnings. Thereafter, the plaintiff asked the defendants repeatedly to preserve the ladder and to afford him an opportunity to examine the ladder. The defendants’ expert examined the ladder and concluded that it was not defective. The defendants thereafter destroyed the ladder, despite the fact that the plaintiff had never had an opportunity to inspect it. Plaintiff will bring a motion for

 

A.spoliation of evidence.
B.tortious interference with prospective business advantage.
C.suppression of evidence.
D. pretexting of evidence.

 

 

Question 15 of 25 2.5 Points Betty Plaintiff’s law firm has hired an associate from an out-of-town office of Defendant #1’s law firm. When Defendant #2’s law firm discovers this conflict of interest, they (Defendant #2’s law firm) brings a Motion to disqualify Plaintiff’s law firm. The ruling of the court will probably be   A.There is no problem unless the newly hired associate is working on the case.   B.Defendant #1 is the harmed party. Unless that party brings the motion,the court will not rule against Plaintiff because only Defendant #1 is potentially harmed by the conflict.   C.There is no problem because the associate is from an out-of-town office.   D.Everyone involved in the case is harmed so Plaintiff’s counsel will be disqualified.

Question 16 of 25

2.5 Points

 

Attorney Fleamer is the Executive Director of a non-profit organization: Homes for Kids. This organization works in conjunction with state agencies that find permanent, adoptive homes for foster children. Fleamer’s assistant, Paralegal Lara, suspects that Fleamer has used agency money to fund personal vacations and purchase a new personal automobile. Lara should

 

A.speak with the local police.
B.maintain her loyalty to her employer by saying nothing.
C.speak with Fleamer personally or, if she does not feel comfortable doing that, report Fleamer to the appropriate authorities.
D.quit. Find a new job working for more honest people.
Question 17 of 25	2.5 Points

 

Attorney Howard has just gotten a “letter of reproval” from his state’s lawyer disciplinary authority. He’s cleaning out his desk, assuming he is no longer authorized to practice law. You, his trusty paralegal, have one thing to say to him. What is it?

 

A.A letter of reproval doesn’t mean you are disbarred!
B.Put your stuff back in the drawers, my friend. You can still do paralegal work.
C.Don’t call us. We’ll call you.
D.Dude. Take care and have a nice life.
Question 18 of 25	2.5 Points

 

Paralegal Beverly is researching a point of law dealing with whether or not a law firm’s website can use a suedoname for the URL. In other words, can her law firm use the web address “www.terrificlawyers.com”? She cannot locate any state statute on point but has conflicting information from other states. What is her best course of action now?

 

A.She should advise the firm to go ahead with the plan because if there is no law against it, it is probably okay.
B.She should advise the firm to ask their state’s appropriate authority (such as the state bar’s ethics committee) for an advisory opinion on using the trade URL name.
C.Beverly should advise the firm that she is not qualified to do this assignment because there is no clear law on the subject.
D. She should advise the firm to not use the trade URL because if there is no law authorizing what they want to do, it is probably illegal.
Question 19 of 25	2.5 Points

 

Drake Paralegal’s cell phone rang. When he answered it, his best friend, who lives in another state, said: “Drake! I’ve just been stopped by the police! What should I do?” Drake responded: “Keep your mouth shut except to ask for a lawyer.” Then the phone connection was lost. Which of the following is true?

 

A.Drake’s response was not UPL because his friend did not specifically ask for legal advice.
B.Drake’s response was not UPL because it was not legal advice, just common sense advice.
C.Drake’s response was UPL because he assessed his friend’s legal need, applied his knowledge of the law to it, and gave a response.
D. Drake’s response was UPL because he gave advice in a criminal matter.
Question 20 of 25	2.5 Points

 

Connie Paralegal is divorcing her husband. She hired a lawyer but has decided that she does not want to pay for a lawyer. She fires the lawyer and makes a court appearance by herself against her husband’s lawyer. Connie

 

A.has committed UPL because she must have a lawyer represent her.
B.has not committed UPL because she has the right to represent herself.
C.has committed UPL because paralegals cannot make appearances in court.
D.has committed UPL but will not get in trouble for it unless the lawyer complains.
Question 21 of 25	2.5 Points

 

Paralegal Samson has just completed the legal case of his life being part of the team that represented Mrs. Incredibly Rich in her divorce from Mr. Incredibly Rich. Now that the case is closed, Samson is looking forward to telling his wife all about it. Samson

 

A.can tell his wife about the parts of the case that are likely to not come up again if the parties end up back in court.
B.can tell his wife all about the case because, now that the case has closed, his duty of confidentiality has ended.
C.must keep his client’s confidences forever so he can never tell his wife about the case.
D.can tell his wife about the case after the time for an appeal has passed.

 

 

Question 22 of 25 2.5 Points Paralegal Beverly was sitting with Client Morrie, reading through Morrie’s interrogatory answers from last year in preparation for Morrie’s upcoming deposition. After reading one particular interrogatory response, Morrie declared: “OMG, Beverly! I can’t believe we wrote that answer! That’s completely wrong!” and then, mumbling to himself, Morrie said, “or maybe that was the lie I decided would be better than telling the truth. Hmmm.” When Beverly asks you what you make of that conversation with Morrie, you   A.tell her that it is not protected by any privilege because it is potentially a confession to a crime.   B.tell her that Morrie’s words are completely covered by the attorney/client privilege so she will never have to repeat it to anyone outside of the office, but she should report the potential perjury to a supervising attorney.   C.tell her that it is not a protected communication because she is not an attorney.   D.tell her that it is protected confidential information so she cannot be called upon to testify about it.

 

 

Question 23 of 25 15.0 Points Do law firms need to advertise? When can potential clients be contacted and what is the rationale behind the law governing it? This essay is a large percentage of your Final exam grade.  Please remember that an essay is comprised of paragraphs not two or three sentences.  Also you must include a Bluebook citation to your source even if it is our textbook.  An outside source is required for full credit.

 

 

Question 24 of 25 15.0 Points Describe the “duty of integrity” and its purpose. Explain if it is permissible to merely threaten to report misconduct. Why or why not? This essay is a large percentage of your Final exam grade. Please remember that an essay is comprised of paragraphs not two or three sentences. Also you must include a Bluebook citation to your source even if it is our textbook. An outside source is required for full credit.

 

 

Question 25 of 25 15.0 Points What makes a claim frivolous? Give an example of a frivolous claim, and explain what some possible penalties are in detail. Remember to use proper Bluebook citation format and answer each part of the question. This essay is a large percentage of your Final exam grade. Please remember that an essay is comprised of paragraphs not two or three sentences. Also you must include a Bluebook citation to your source even if it is our textbook. An outside source is required for full credit.

 

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