Ethics for paralegals Exam Questions and Answers 100% Pass

Ethics for paralegals Exam Questions and Answers 100% Pass Judiciary -Answer-The branch that regulates the legal profession Integrated bar -Answer-A bar association in which the mandatory and voluntary aspects of bar activities are combined, and membership is required. Model Rules -Answer-Governing rules of conduct for lawyers adopted by all states except NY, CA and ME. Ethics Opinions -Answer-Written opinions issued by a bar association interpreting relevant ethical procedures and applying them to an ethical dilemma. NOT usually BINDING Disbarment -Answer-Most severe sanction; revoking a lawyer's license to practice law. Sometimes allowable to re-admit lawyer if he demonstrates complete rehabilitation. Suspension -Answer-Sanction in which attorney is deprived of right to practice law for a specific period of time Probation -Answer-Sanction where attorney may practice but certain requirements must be met. Reprimand (aka reproval) -Answer-Mildest sanction; a public or private warning that if ethical violations continue to occur more sever sanction will be implemented. Aggravating and mitigating factors (in determining the appropriate sanction) -Answer- The attorney's COOPERATION in investigation and understanding of the SERIOUSNESS, the attorney's REPUTATION, the CIRCUMSTANCES surrounding the event, whether the offense was ONE-TIME or repeated, the degree that the attorney is REMORSEFUL. Contempt -Answer-Improper conduct that impairs the administration of the courts or shows disrespect for the dignity or authority of the court. Motions to disqualify counsel -Answer-Brought by an opposing counsel who claims lawyer has a conflict of interest. Off limits to Paralegals -Answer-These areas are_____ 1. Representing a client in court 2. Taking depositions 3. Signing pleadings 4. Giving legal advice No -Answer-May a paralegal initiate the attorney-client relationship and determine fees? Exceptions to non-lawyers in court -Answer-1. Pro se litigation 2. Marital relationship 3. Law students 4. Paralegals if local, uncontested and they meet requirements Deposition -Answer-Method of discovery in which a witness or party makes statements under oath, in question-and-answer form. Legal advice -Answer-When one recommends a particular course of action to another based on their specific situation and in relation to law. Jailhouse lawyers -Answer-Inmates who help other inmates to prepare post conviction writs. Pitfalls for paralegals -Answer-Will execution Real estate closing shift Negotiating settlements Practice of law -Answer-When action or advice 1 affects legal rights 2 requires skill and knowledge of law greater than average citizen Then it is _______ Attorney-client privilege -Answer-The rule of evidence that protects confidential communications between a lawyer and a client made in the course of the professional relationship Legal (not personal or business) -Answer-What type of advice is covered in the attorney-client relationship? Initial consultations -Answer-Communication between a lawyer and a potential client that are protected by the attorney-client privilege even if lawyer does not undertake representation or take a fee. Loss of Privilege -Answer-If the client waives his or her right to protection of their information by telling friends or 3rd parties or the lawyer or paralegal does not treat information as privileged or the information is shared