Solving a client's problems professionally as a lawyer involves: - ✔✔NONE OF THESE ANSWERS:
- trusting that the first reasonable solution that occurs to you is likely the best
- convergent, but not divergent thinking
divergent, but not convergent thinking
In order to generate the largest number of possible solutions for a client, a lawyer should: -
✔✔Temporarily deactivate his/her skepticism.
In the process of evaluating options for a client, analytical reasoning is more valuable than: - ✔✔Answers
A, B, and C are not correct:
- Emotional Intelligence
- An empathy based understanding of human nature
- A feel for how people make decisions and their reactions
Eliminating options for a client that are impractical or unsupported by law or the facts is an example of: -
✔✔Convergent Thinking
Which cognitive illusion does the following scenario best illustrate? Lawyer met today w/ client who is
the adult child of a very close friend. Lawyer believes that client's father is one of the most honest and
trustworthy people he has ever known. Client tells lawyer his version of a contested event and Lawyers
finds it utterly convincing and does not ask client any probing/difficult questions. - ✔✔Confirmation Bias.
Which cognitive illusion does the following scenario best illustrate? A lawyer recently represented a
cheating spouse in a divorce case. In that case, Judge Jones's rulings were very harsh towards the
cheating spouse. The lawyer is now representing another cheating spouse in a divorce case before Judge
Jones. The lawyer warns the client that Judge Jones will be very harsh towards his new client because he
cheated on his spouse. - ✔✔Anchoring Bias.
Which cognitive illusion does the following scenario best illustrate? While preparing his case, the lawyer,
a criminal prosecutor, interviews several witnesses who were in a convenience store while it was being
robbed. Witness #1 claimed that the perpetrator was wearing a baseball cap while committing the
robbery. Witness #2 and Witness #3 both claim that the perpetrator was not wearing a hat. The lawyer
,now believes that witnesses #2 and #3 should not testify because the lawyer believes that the
perpetrator was wearing a hat. - ✔✔Anchoring Bias
Which cognitive illusion does the following scenario best illustrate? A lawyer is trying to determine why
her client omitted an off-shore back account from a required financial disclosure statement. The client's
accountant told the lawyer that the client was very busy and distracted when he prepared the disclosure
and most likely it was an inadvertent omission. The lawyer accepts this explanation and seeks none
other. - ✔✔Search Satisficing
When assessing the best strategies to accomplish a client's goals, a lawyer should always have a low
tolerance for risk. - ✔✔False.
Because of the duty of zealous advocacy, it is strategically appropriate for a lawyer to adopt a
confrontational style in every case. - ✔✔False.
Which of the following best captures the concept of 'open minded listening'? - ✔✔The willingness of
allowing one's heart and mind to be changed by the speaker.
An inability to stop talking when they should is one of the reasons why some lawyers find it difficult to
listen. - ✔✔True.
A lawyer conducts an initial interview w/ a client who recently lost a child while giving birth due to what
she believed was medical malpractice. The client becomes very emotional and cries when describing her
experience. Before responding to the client the lawyer tries to imagine how she would feel if she had
lost her child while giving birth. The lawyer then responds: "While I have not experienced anything like
you've experienced, it would have devastated me to lose my child at birth. I'm so sorry you're going
through this." The lawyer is showing: - ✔✔Empathy
A lawyer who does not actually feel empathetic should pretend to be empathetic because this is better
than only showing sympathy to the client or not saying anything at all in response to a client's tragic
situation. - ✔✔False.
If a lawyer is uncertain about what specific information from a client will be important, the lawyer
should ask: - ✔✔A broad question.
, Which of the following is a leading question: - ✔✔You weren't at the office working on Saturday,
December 31st, were you?
A lawyer might use story-telling skills in a negotiation. - ✔✔True.
Factors that typically impede open-minded listening include all of the following except: - ✔✔An
overwhelming desire to help the speaker.
Effective lawyers do not always employ their ability to argue. - ✔✔True.
Email, text, and social media are now the preferred modes of communication between lawyers and
clients because of their convenience and accessibility. - ✔✔False.
It is very important for the lawyer to take extensive notes during a client interview to make sure that the
lawyer documents everything that the client tells the lawyer during their time together. - ✔✔False.
When beginning an interview w/ a client, it is best for the lawyer to ask a series of detailed questions to
help both the lawyer and the client to quickly focus on the problem at hand so that the lawyer and client
can work together to solve the problem as efficiently as possible. - ✔✔False.
Client interviewing is a challenging skill to learn because the lawyer must learn to: - ✔✔- Build a
relationship of trust w/ a person who may be under a significant amount of stress
- Diagnose a client's problem while still identifying a client's goals and important facts
Lawyer concludes his initial interview w/ client, and he feels that it didn't go well at all. Although Lawyer
tried to be as congenial, patient, knowledgeable, and competent as possible, he felt like the client was
withholding important information that would enable him to help the client more effectively, even after
he explained his duty to maintain confidentiality. He knows that this was the first time his client has
hired a lawyer. Common reasons for why this initial interview did not go as well as the Lawyer hoped
include: - ✔✔- Client was embarrassed to reveal facts that made client look incompetent
- There were social barriers that caused client to feel uncomfortable with Lawyer