Description

INSTANT DOWNLOAD COMPLETE TEST BANK WITH ANSWERS

 

ISBN-13 9781133935629
ISBN-10 1133935621

 

Paralegal Today The Essentials 6th Edition by Roger LeRoy Miller –

Test Bank

 

Sample  Questions

 

 

TEST BANK

CHAPTER 1: CAREERS IN TODAY’S PARALEGAL PROFESSION

TEST BANK

MULTIPLE CHOICE

Identify the choice that best completes the statement or answers the question.

____ 1.     Experienced paralegals earn average compensation around:

 

____ 2.     Which of the following professional organizations agree on a definition of a paralegal?

0 NALA
1 NFPA

2 ABA
3 NALA and ABA
4 NFPA and ABA

5 NALA and NFPA

____ 3.     The term paralegal is often used interchangeably with the term:

23 Legal secretary
24 Law clerk
25 Legal assistant

26 Partner

____ 4.     In addition to legal assistant, a paralegal may be referred to as a(n):

23 Legal technician

24 Legal research specialist
25 Official legal specialist

26 Legal technician or legal research specialist

____ 5.     Which of the following is true of paralegals?

23 They may practice law
24 They may not practice law
25 They only do secretarial work
26 They are granted a license to work by the state

____ 6.     A paralegal is employed by a:

23 Doctor
24 Lawyer
25 Building contractor

26 Private individuals

239

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
23 Chapter 1 Careers in Today’s Paralegal Profession

____ 7.     The tasks that paralegals perform today were traditionally performed by:

5888 Doctors
5889 Law professors
5890 Low-paid secretaries
5891 Attorneys
5892 Law professors and low-paid secretaries

____ 8.     Paralegals typically obtain their training through:

0 Experience
1 Education
2 Undergraduate courses

3 Law school
4 Experience and education

____ 9.     Today paralegals often work in:

23 Corporations
24 Government agencies
25 Courts
26 Insurance companies

27 All of these choices are correct

____ 10.    Which of the following is not a place a paralegal is likely to work?

5888 A corporation
5889 An insurance company

5890 A farm
5891 A real estate firm
5892 None of these choices are correct

____ 11.    Today paralegals often work in:

0 Restaurants
1 Schools
2 Courts
3 Farms

____ 12.    Today paralegals often work in nontraditional places such as:

0 Restaurants
1 Schools

2 Farms
3 None of these choices are correct

____ 13.    Which of the following are tasks that paralegals may perform?

4 Draft legal documents

5 Conduct legal research
6 Interview clients and witnesses
7 Conduct legal investigations
8 All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
241

____ 14.    Which of the following is a task that paralegals may not perform?

4 Draft legal documents

5 Conduct legal research
6 Interview clients and witnesses
7 Conduct legal investigations
8 Paralegals may perform all of the listed tasks

____ 15.    What are the tasks paralegals spend the most time performing?

0 Drafting legal documents
1 Client relations
2 Research

3 All of these choices are correct

____ 16.    As a paralegal getting a case ready for trial, you will not spend time:

 

____ 17.    Who were the first paralegals?

0 Legal secretaries
1 Law clerks
2 Defunct lawyers
3 College graduates

____ 18.    When did the first formal paralegal education programs begin?

23 In the early 1950s
24 In the late 1960s

25 In the mid 1970s
26 In the early 1980s

____ 19.    What was the reason for the growth of paralegal education programs?

23 The demand for lower-cost legal services

24 The public started using paralegals
25 The lawyers realized the benefits

26 The demand for lower-cost legal services and the lawyers realized the benefits

____ 20.    How many paralegal education programs exist today in the United States?

23 Over 300
24 Over 500
25 Over 1,000

26 Over 2,000

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
23 Chapter 1 Careers in Today’s Paralegal Profession

____ 21.    Where would you be likely to find a paralegal education program?

5888 At a community college

5889 At a four-year college
5890 At a business school
5891 All of these choices are correct

____ 22.    Paralegal programs at community colleges are typically:

Two years long, requiring about 60 semester hours
Six-week short courses
One year long, requiring about 30 semester hours
Four years long

____ 23.    Substantive law is law that:

Creates procedures for enforcing rights
Creates legal rights

Creates legal obligations
Creates court rules
Creates legal rights and legal obligations

____ 24.    An example of substantive law is:

Court rules specifying the documents needed to begin a lawsuit
A law prohibiting employment discrimination
A rule specifying when a document must be filed with a court
All of these choices are correct

____ 25.    A law prohibiting employment discrimination is an example of:

Procedural law
Substantive law

Employment law
All of these choices are correct

____ 26.    Procedural law is law that:

Creates legal rights

Defines how rights are enforced
Creates legal obligations
All of these choices are correct

____ 27.    An example of procedural law is:

A law prohibiting employment discrimination
A law making stealing a crime
A law requiring that a complaint be filed to begin a lawsuit
A law requiring a person to be 16 years old to obtain a driver’s license

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 28.    A law requiring that a complaint be filed to begin a lawsuit is an example of:

Procedural law

Substantive law
Employment law
All of these choices are correct

____ 29.    Paralegal students study:

Procedural law
Substantive law
Specialties within substantive law
All of these choices are correct

____ 30.    Which of the following is a professional association responsible for setting educational standards for paralegals?

NFPA

AAfPE
NALA
LAMA

____ 31.    The AAfPE was formed by __________ in 1981.

Judges
Educators
Lawyers
Students

____ 32.    The AAfPE was formed in 1981 in order to:

Promote high standards of paralegal education
Unionize paralegals

Increase paralegal wages
Regulate the paralegal profession

____ 33.    California was the first state to:

Promote high standards of paralegal education

Unionize paralegals
Require a paralegal to meet certain minimum educational requirements
Regulate the paralegal profession

____ 34.    The NFPA is:

An association of attorneys
A state bar association
A legal secretary’s association
A paralegal association

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 35.    Which of the following statements is true?

Paralegal schools must meet ABA standards to be certified

Paralegals from non-ABA schools are not certified
Paralegal schools are not required to get ABA approval
Paralegal schools without ABA approval do not give credit

____ 36.    Since __________ the ABA has had an established set of educational standards for paralegal training programs.

1960

1974
1984
1994

____ 37.    Which of the following is true of NALA?

It is an attorney’s association

It is a paralegal association
It is a legal secretary’s association
All of these choices are correct

____ 38.    Which of the following states requires paralegals to be certified?

Texas
California
New Jersey
No state requires paralegals to be certified

____ 39.    Which of the following states has implemented a voluntary statewide certification program for paralegals?

Arizona

Michigan
Texas
New Jersey

____ 40.    NALA and NFPA are:

Affiliate paralegal associations
State bar associations
The two leading national paralegal associations
None of these choices are correct

____ 41.    Educational options for paralegals include:

Postgraduate certificates
Paralegal certificates
Associate’s degrees

Bachelor’s degrees
All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 42.    The difference between a paralegal certificate and a postgraduate certificate is:

A paralegal certificate is awarded to those with an associate’s degree

A paralegal certificate is awarded to those with a bachelor’s degree

A paralegal certificate is awarded to those with a high school diploma or its equivalent
None of these choices are correct

____ 43.    An associate’s degree signifies:

Completion of a two-year program, usually at a community college
Completion of a four-year program at a college or university

Completion of a paralegal program of study at a private business or trade

school
d.  Completion of a paralegal program by someone with a bachelor’s degree

____ 44.    A CLA is:

A legal assistant who has passed the bar exam
A legal assistant who has passed the NFPA certification exam
A legal assistant who has passed the NALA certification exam
A licensed paralegal

____ 45.    The APC designation means that:

A legal assistant has passed a test demonstrating general legal competence
A legal assistant has passed a bar exam

A legal assistant has passed a test demonstrating competence in a legal

specialty
d.  A legal assistant is a member of APC—a legal assistant organization

____ 46.    Which of the following organizations administers the CLA and the APC exams?

State bar associations
NFPA
NALA
PLA

____ 47.    The Paralegal Advanced Competency Exam (PACE) can be taken by paralegals who:

Have at least two years of work experience and meet specific educational requirements

Belong to a paralegal union
Have at least a year of work experience
Are sponsored by their employer

____ 48.    A paralegal who has at least two years of work experience and meets specific educational requirements can:

Take the Paralegal Advanced Competency Exam (PACE)
Obtain a special certificate
Take continuing education classes for free

Join an elite paralegal union

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 49.    Which organization voted to establish the Paralegal Advanced Competency Exam (PACE)?

NALA
AAfPE
NFPA
ABA

____ 50.    What does the designation “RP” behind a paralegal’s name stand for?

Registered Professional
PACE-Registered Paralegal
Responsible Paralegal

None of these choices are correct

____ 51.    Which of the following states requires minimum CLE hours from all individuals who work as paralegals?

Texas
Florida
Hawaii
California

____ 52.    Which of the following are skills needed by paralegals?
Organizational skills
Analytical skills
Computer skills

All of these choices are correct

____ 53.    Which of the following is part of professional paralegal behavior?

Objectivity

Courtesy under pressure
Responsibility and reliability
All of these choices are correct

____ 54.    Legal analysis is critical to a paralegal’s duties because:

It is integral to helping lawyers formulate arguments
The Paralegal Code says it is
Paralegals must be able to offer unique legal advice to clients
All of these choices are correct

____ 55.    Poor communication can:

Damage a case
Destroy a client relationship
Harm a legal professional’s reputation

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 56.    Communication skills include which of the following?

Reading skills

Oral communication skills
Listening skills
Writing skills
All of these choices are correct

____ 57.    Which of the following is part of good speaking skills?

Facial expression
Correct grammar
Posture

All of these choices are correct

____ 58.    Paralegals with which of the following skills will have an edge in the job market?

Copying skills

Basic word processing skills
Current technology skills
Secretarial skills

____ 59.    One of the most important areas to become familiar with during paralegal training is:

Online communications
Written communications
Fax machine operation

Sustainability

____ 60.    Legal assistants must be able to keep confidences because:

Clients do not like their secrets told

Paralegals should not gossip
It is an ethical rule imposed on attorneys

Clients do not like their secrets told and it is an ethical rule imposed on attorneys

____ 61.    Paralegals may discuss client information with:

Spouses
Immediate family members
The group working on the case

All of these choices are correct

____ 62.    As a paralegal, you will be judged based on:

Your actions
Your appearance

Your attitude
All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 63.    Which of the following is an important attribute for modern legal professionals?

Being personable

Being collaborative
Being entrepreneurial
All of these choices are correct

____ 64.    Generally, paralegal organizations are in favor of:

Voluntary certification
State licensing programs
Mandatory certification programs
Technical licensing programs

____ 65.    A paralegal educational program that has satisfied the standards for paralegal training set forth by the ABA is called:

A NALA-approved program

An ABA-approved program
An ABA-accredited program
A NALA-accredited program

____ 66.    Which of the following are places where paralegals work?

Law firms

Corporations

Government agencies

All of these choices are correct

____ 67.    Which of the following is not a place where paralegals work?

Law firms

Corporations

Government agencies

None of these choices are correct

____ 68.    Which of the following entities do most paralegals work for?

Law firms

Corporations

Government agencies

Nonprofit businesses

____ 69.    When paralegals first established themselves in the legal community in the 1960s, they mostly worked in:

Law firms

Corporations

Government agencies

None of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
249

____ 70.    __________ of all paralegals work in law firms.

One-fourth

Two-thirds

One-third

One-half

____ 71.    Most paralegals work in settings with:

More than 25 lawyers

Fewer than 25 lawyers

More than 50 lawyers

Fewer than 5 lawyers

____ 72.    One of the main reasons that most paralegals start out in small law firms is that:

Small law firms outnumber large ones

Only small law firms use paralegals

Employment laws require inexperienced paralegals to start with small companies

None of these choices are correct

____ 73.    Which of the following is a benefit of working for a small law firm?

A formal work environment

Office procedures and employment policies are clearly defined and often set forth in a written manual

Greater opportunities for promotions and advancement, and better salaries and benefits

The opportunity to gain a variety of work experience in many areas of the law

____ 74.    Which of the following is not a benefit of working for a small law firm?

A less formal work environment

The opportunity to gain a variety of work experience in many areas of the law

Greater flexibility

All of these choices are correct

____ 75.    Which of the following is not a benefit of working for a small law firm?

A formal work environment

A less formal work environment

Greater flexibility

The opportunity to gain a variety of work experience in many areas of the law

____ 76.    Which of the following is a disadvantage of working for a small law firm?

More specialized work

Formal work environment

Smaller salaries and benefit packages, if any

More overtime

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 77.    Which of the following is a disadvantage of working for a small law firm?

More specialized work

Formal work environment

Substantial amounts of secretarial or clerical work

More overtime

____ 78.    Which of the following is not a disadvantage of working for a small law firm?

More specialized work

Substantial amounts of secretarial or clerical work

Smaller salaries and benefit packages, if any

None of these choices are correct

____ 79.    Although smaller law firms may pay lower salaries, it is also important to consider

_________ when thinking about compensation differentials.

Free parking

Location

A relaxed dress code

All of these choices are correct

____ 80.    In contrast to small law firms, large law firms:

Are more formal

Offer lower salaries

Offer few benefits

Tend to provide free parking

____ 81.    Paralegals working for large law firms typically:

Receive lower salaries

Get few benefits

Have free parking

Have responsibilities limited to specific, well-defined types of tasks

____ 82.    Which of the following would probably not be true for a paralegal working at a large law firm?

She would receive a lower salary than a paralegal working at a small law firm

She would have more benefits than a paralegal working at a small law firm

She would have a wide range of responsibilities

She would have responsibilities limited to specific, well-defined types of tasks

____ 83.    The advantages of a large law firm include:

An informal work environment

Less access to research resources

Unclearly defined office procedures and policies

Greater opportunities for promotions and advancement and better salaries and benefits

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 84.    Which of the following is not an advantage of working for a large law firm?

Better salaries

Better benefits

Clearly defined office procedures and policies

Greater opportunities for promotions and advancement

All of these choices are correct

____ 85.    Problems from stress in the workplace include:

Health problems

Mistakes in work

Missed deadlines

All of these choices are correct

____ 86.    Which of the following is a way to reduce stress problems?

Prioritize tasks through consultation with your supervising attorney

Ask your supervisor to assign another person to help you

Complain about your workload to a family member

Prioritize tasks through consultation with your supervising attorney and ask your supervisor to assign another person to help you

____ 87.    To reduce the likelihood of stress in the office, it is important to be:

Organized

Clear about responsibilities

Productive

All of these choices are correct

____ 88.    For paralegals working in law firms, paralegal compensation generally:

Decreases by the number of attorneys

Increases by the number of attorneys

Decreases the more years the paralegal works

None of these choices are correct

____ 89.    Paralegals who work for corporations usually work under:

In-house attorneys

CEOs

Other paralegals

All of these choices are correct

____ 90.    Paralegals working for corporations:

Organize corporate meetings

Maintain meeting records

Draft employee contracts

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 91.    Paralegals working for corporations:

Make purchasing decisions

Give legal advice to employees

Draft employee contracts

All of these choices are correct

____ 92.    Paralegals working for corporations:

Make purchasing decisions

Give legal advice to employees

Prepare financial reports

None of these choices are correct

____ 93.    When a corporation is involved in a lawsuit, a paralegal employed by the corporation:

Will not be involved

May be assigned duties related to the lawsuit

Will act as an attorney for the corporation

None of these choices are correct

____ 94.    __________ of paralegals work for corporations.

One-fifth

One-third

Two-thirds

One-half

____ 95.    One-fifth of all paralegals work for:

Law firms

Corporations

The government

Family businesses

____ 96.    Which of the following are advantages of working for corporations?

Higher salaries and better benefits

More regular hours

Less stress

No billable hours required

All of these choices are correct

____ 97.    Which of the following may be a disadvantage of working for a government agency?

Irregular work hours

Greater overtime hours

Billable hours required

Lower salaries

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 98.    Benefits of working for government agencies include:

Higher salaries

More vacation time

Comprehensive employment benefits

More vacation time and comprehensive employment benefits

Higher salaries and comprehensive employment benefits

____ 99.    Paralegals working for government agencies typically:

Conduct legal research

Investigate welfare eligibility

Examine loan applications

All of these choices are correct

____ 100.   Which of the following is not a task that a paralegal working for a government agency would undertake?

Conduct legal research

Offer legal advice to the head of the agency

Examine loan applications

Investigate welfare eligibility

____ 101.   Which of the following is not a task that a paralegal working for a government agency would undertake?

Conduct legal research

Investigate welfare eligibility

Examine loan applications

All of these choices are correct

____ 102.   A position working for the Environmental Protection Agency is an example of a paralegal job with:

A corporation

A law firm

A government agency

None of these choices are correct

____ 103.   Which of the following government agencies employs the most paralegals?

The U.S. Department of Justice

The Social Security Administration

The Department of the Treasury

The Environmental Protection Agency

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 104.   The U.S. Department of Justice:

Employs the most paralegals of any federal government agency

Does not employ any paralegals

Employs about one-third of the paralegals who work for the government

None of these choices are correct

____ 105.   The best place to find out about employment positions in particular administrative agencies is in:

The Guide to Paralegal Positions

The local courthouse records

The United States Government Manual

Wikipedia

____ 106.   Paralegals may work for:

Public prosecutors

Public defenders

Public prosecutors and public defenders

None of these choices are correct

____ 107.   Public prosecutors are:

Paralegals paid by the government

Government officials paid by the government

Private attorneys

None of these choices are correct

____ 108.  Public defenders are:

Paralegals paid by the government

Attorneys paid for by the state to ensure that criminal defendants are not deprived of their constitutional right to be represented by counsel

Private attorneys

None of these choices are correct

____ 109. Attorneys paid for by the state to ensure that criminal defendants are not deprived of their constitutional right to be represented by counsel are:

Paralegals

Public prosecutors

Public defenders

None of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
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____ 110.   District attorneys, state attorneys general, and U.S. attorneys are examples of:

Paralegals

Public prosecutors

Public defenders

None of these choices are correct

____ 111.   Legal aid offices:

Do not employ paralegals

Provide legal services to those who find it difficult to pay for legal representation

Are often funded by the government

Provide legal services to those who find it difficult to pay for legal representation and are often funded by the government

____ 112.   Which of the following is a benefit for a paralegal working in a legal aid office?

Lower salaries

Higher salaries

Shorter hours

Helping needy individuals

____ 113.   Many paralegals working in legal aid offices find their jobs rewarding because:

They receive high salaries

They work flexible hours

They are helping needy individuals

They are working for the government

____ 114.   Paralegals who own their own businesses and perform specified types of legal work for attorneys on a contract basis are called:

Free paralegals

For-hire paralegals

Freelance paralegals

Private paralegals

____ 115.   Paralegals who own their own businesses and perform specified types of legal work for attorneys on a contract basis are called:

Free paralegals

For Hire paralegals

Contract paralegals

Private paralegals

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 116.   Paralegals who own their own businesses and perform specified types of legal work for attorneys on a contract basis are called:

Free paralegals

For Hire paralegals

Independent contractors

Private paralegals

____ 117.   Freelance paralegals are paralegals who:

Work for the government

Own their own businesses and perform specified types of legal work for attorneys on a contract basis

Work part-time

Work for a firm with more than 25 attorneys

____ 118.   Advantages to working as a freelance paralegal include:

The ability to set one’s own schedule

The ability to work at home

The ability to set one’s own schedule and the ability to work at home

None of these choices are correct

____ 119.   Which of the following is a disadvantage to working as a freelance paralegal?

The ability to set one’s own schedule

The ability to work at home

The lack of job benefits such as employer-provided group medical insurance

None of these choices are correct

____ 120.   A legal technician or independent paralegal differs from a freelance paralegal in which of the following ways?

A legal technician can practice law

A legal technician does not work under the supervision of an attorney

A legal technician must have an undergraduate degree from an approved university

None of these choices are correct

____ 121.   A person accused of a crime is prosecuted by a:

Public defender

Defense attorney

Public prosecutor

Private attorney

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 122.   A legal aid office represents:

The needy

The middle class

The upper middle class

The wealthy

____ 123.   A(n) __________ provides services to attorneys on a contract basis.

Independent paralegal

Supervising attorney

Legal technician

Freelance paralegal

____ 124.   Career planning involves all of the following but:

Defining your long-term goals

Reevaluating your career

Identifying your short-term goals

Never deviating from your initial goals

____ 125.   Paralegal compensation is affected by a number of factors including:

Firm size

Geographic location

Years of work experience

Area of practice

All of these choices are correct

____ 126.   Which of the following specialty areas awards the highest compensation?

Criminal law

Intellectual property

Bankruptcy

Medical malpractice

____ 127.   In the specialty area of intellectual property, a paralegal would not:

Apply for trademarks

Seek copyright protection

Research patent rights

Design trademarks

____ 128.   Most paralegals are compensated primarily by:

Hourly wages

Salaries

Bonuses

Overtime

Hourly wages and salaries

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 129.   Paralegals in which region are generally receiving more in compensation?

Northeast

South

West

Midwest

____ 130.   A typical paralegal annual bonus ranges from:

$100 to $500

$1,000 to $1,500

$2,000 to $5,000

$5,000 to $10,000

____ 131.   Which of the following is a key step in planning your career?

Defining long-term goals

Coming up with short-term goals

Reevaluating your career after some time on the job

All of these choices are correct

____ 132. Defining long-term career goals is important because:

It will help you define your short-term goals

It will help you determine job realities

It will help you determine your personal preferences and values and define professional goals

All of these choices are correct

____ 133. In locating potential employers, which of the following sources are helpful?

Legal directories such as Martindale-Hubbell Law Directory

Online employment ads

The Yellow Pages

Web home pages

All of these choices are correct

____ 134.  Networking is:

The process of making friends

The process of being introduced to co-workers at a new job

The process of meeting other students

The process of making personal business connections in your field or profession

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession
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____ 135.   Students can begin networking by:

Cultivating relationships with instructors

Joining paralegal associations allowing student members

Cultivating connections during an internship

All of these choices are correct

____ 136.   Most paralegals find employment through what means?

Newspaper

Employment agencies

Networking

Online services

____ 137.   __________ is the process of making personal connections with paralegals, paralegal instructors, attorneys, and others who are involved in (or who know someone who is involved in) the paralegal or legal profession.

Facebooking

Strategizing

Networking

Linking in

____ 138.   Which of the following can provide valuable inside knowledge of potential job openings?

The Yellow Pages

The IPMA

The State Bar Association

The IPMA and the State Bar Association

____ 139.   Which of the following are effective ways of building your professional network?

Volunteering

Taking an internship

Taking an online course from home

Volunteering and taking an internship

____ 140.   When looking for a job, marketing your skills involves which of the following stages?

The application process

Interviewing

Following up on job interviews

The application process and following up on job interviews

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 141.   The __________ lists the names, addresses, telephone numbers, areas of legal practice, and other data for many lawyers and law firms around the country.

Guide to Paralegal Positions

Yellow Pages

Paralegal Law Directory

Martindale-Hubbell Law Directory

____ 142.   __________ typically provide long-term employment with salary and benefits.

Temporary positions

Contract positions

Direct-hire positions

All of these choices are correct

____ 143.   Before applying for a paralegal position, you should assemble professional application materials including:

A résumé

A cover letter

A list of professional references

A portfolio

All of these choices are correct

____ 144.   Which of the following is true about résumés?

They should not include personal data

They should be prepared with a computer if possible

They should be carefully proofread

All of these choices are correct

____ 145.   Which of the following is true about cover letters?

They should be lengthy

They are used as follow-up letters

They should be directed to the person responsible for hiring

They do not need to be proofread

____ 146.   The purpose of a cover letter is:

To thank an employer for a job interview

To provide professional references

To transmit writing samples

To capture the attention of a recruiter

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
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____ 147.   When providing professional references to a potential employer, which of the following sources should not be included on that list?

A paralegal instructor

An internship supervisor

A previous employer

Family members

____ 148.   How many references should be included on the list of professional references used when applying for employment?

One to three

Three to five

Five to seven

Five to ten

____ 149.   Which of the following is true when providing a list of professional references to potential employers?

You should list ten professionally relevant references

Names of family members and friends should always be included

A person’s name should never be provided as a reference unless you have first obtained the person’s permission

You should provide the home address and telephone number of the reference

____ 150.   When providing writing samples to potential employers, you should:

Provide unrevised copies of school assignments

Not provide documents from work

Provide samples from work, deleting identifying references to the client

Include only one sample in your portfolio

____ 151.   Before going to a job interview, you should prepare by doing which of the following?

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 these choices are correct

____ 152.   Being on time is extremely important for a job interview. When preparing for an interview, you should:

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

Allow enough time so that you arrive at least ten minutes before the interview and find out whether parking is available nearby

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 153.   Before a job interview, you should do which of the following?

Do your “homework” on the employer

Plan your travel time to allow for an early arrival

Plan a conservative appearance

All of these choices are correct

____ 154.   Which of the following are types of questions that an interviewer may use during a job interview?

Closed-ended questions

Open-ended questions

Hypothetical questions

Pressure questions

All of these choices are correct

____ 155.   During a job interview, the interviewer asks you, “Have you ever assisted during trial?” This is an example of which type of question?

Closed-ended question

Open-ended question

Hypothetical question

Pressure question

____ 156.   During a job interview, the interviewer asks, “How did you manage to get such good grades when working full-time while going to school?” This is an example of which type of question?

Closed-ended question

Open-ended question

Hypothetical question

Pressure question

____ 157.   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 which type of question?

Closed-ended question

Open-ended question

Hypothetical question

Pressure question

____ 158.   During a job interview, the interviewer says, “From your résumé 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 which type of question?

Closed-ended question

Open-ended question

Hypothetical question

Pressure question

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____ 159.   A follow-up letter sent after a job interview should include which of the following items?

Thanks to the interviewer for spending time interviewing you

A reiteration of your availability for the position

A reiteration of your interest in the position

Thanks to the interviewer for spending time interviewing you and a reiteration of your availability for the position

All of these choices are correct

____ 160.   The purpose of a record-keeping system created during a job search is to:

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

Help you stay abreast of your job-search activities and provide information for future career changes

All of these choices are correct

____ 161.   Unless you are familiar with the salaries paid by a law firm, you should do which of the following?

Ask for the salary that you want and hope that you get it

Ask for a low salary and hope that you get a higher one

Give a salary range that you think should be acceptable to the employer

Research the compensation paid to paralegals in similar jobs in your community

____ 162.   The options for paralegal career advancement include:

Being promoted to another job within the firm

Transferring to another department within the firm

Taking a job with another firm

Being promoted to another job within the firm and transferring to another department within the firm

All of these choices are correct

____ 163.   Which of the following is true regarding career paths for paralegals?

Large law firms generally do not provide career paths for paralegal employees

Small law firms usually have no predetermined career path for paralegal employees

Government agencies usually do not have career paths for paralegal employees

Large law firms generally do not provide career paths for paralegal employees and government agencies usually do not have career paths for paralegal employees

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

____ 164.   Throughout your job search, you should do all of the following but:

Keep track of your contacts

Be patient

Be professional

Ignore the support staff

____ 165.   A résumé should usually be __________ in length.

One page

Two pages

Three pages

Four pages

____ 166.   Attorneys generally prefer __________ résumés.

Traditional

E-mailed

Long

Faxed

____ 167.   Your professional portfolio should include all of the following but your:

Photograph

List of references

Letters of recommendation

Writing samples

____ 168.   Factors to consider in evaluating a job offer, in addition to salary, likely include all of the following but:

Job benefits

Opportunities for advancement

Location

Receptionist’s name

____ 169.   Possible paths to career advancement within the same firm include all of the following but:

Educating your employer about your abilities so that you can take on more responsibility

Applying for a job in another firm

Transferring to a different department or branch office

Acquiring additional education

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
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____ 170.   A __________ should mention again your availability and interest in the position, thank the interviewer for his or her time in interviewing you, and perhaps refer to a discussion that took place during the interview.

Cover letter

Follow-up letter

Thank you letter

Job application

____ 171.   Which of the following should be included in each file of your job-search records?

Telephone numbers

Addresses

Dates of contact

E-mails from potential employers

All of these choices are correct

____ 172.   Which of the following should be considered regarding compensation?

Is the salary an annual salary or will you be paid by the hour?

Is the salary negotiable?

Is there an annual bonus?

All of these choices are correct

SHORT ANSWER

Why does the paralegal profession continue to grow? Are paralegal salaries increasing?

What are the key elements of the ABA and NALA definitions of a legal assistant or paralegal?

List and describe the major tasks that paralegals may perform.

Describe the roles of the American Association for Paralegal Education (AAfPE) and the ABA in paralegal education.

Describe the degrees and certificates that are available to paralegals. Where noted, what types of educational institutions grant these degrees?

Explain the difference between substantive and procedural law. Which does a legal assistant study?

What does certification mean? What organizations or other entities offer paralegal certification programs?

Describe some of the attributes of paralegal professionalism.

Discuss continuing legal education (CLE) requirements as they apply to the paralegal profession.

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 1 Careers in Today’s Paralegal Profession

Can a paralegal give legal advice? Explain.

Describe the factors that might influence the tasks of individual paralegals.

What are some of the ways in which paralegals can manage their time effectively?

Describe guidelines that a paralegal should follow when proofreading legal documents.

List and describe the categories of information that should be included on a résumé. Provide examples, using information about yourself.

What information should be included in a cover letter accompanying a résumé for a job application?

List and describe the items that should be included in a job applicant’s portfolio.

List and describe the types of organizations where paralegals work.

Discuss the pros and cons of submitting your résumé to a firm by e-mail.

What are the main components of paralegal compensation? What are some of the factors affecting paralegal compensation?

Describe networking and how it might benefit a paralegal seeking employment.

What can you do before a job interview to improve your chances of getting the job?

Describe how a paralegal job applicant should maintain a job-hunting file system and some of the benefits of having these files.

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
CHAPTER 2: THE INNER WORKINGS OF THE LAW OFFICE

TEST BANK

MULTIPLE CHOICE

Identify the choice that best completes the statement or answers the question.

____ 1.     Which of the following choices is a way a law firm is typically organized?

A partnership

A professional corporation

A sole proprietorship

All of these choices are correct

____ 2.     The Fragomen firm, which handles high volumes of immigration cases, has:

Few paralegals

A high paralegal to lawyer ratio

Poor benefits for paralegals

Personal assistants for every paralegal

____ 3.     Firms like the Fragomen firm are good for the paralegal profession because:

They employ lots of paralegals

They are strong advocates of continuing education for paralegals

They establish paralegal unions

They provide a lot of vacation time for paralegals

____ 4.     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, is known as:

A partnership

A professional corporation

A sole proprietorship

A business corporation

____ 5.     A sole proprietorship is:

The simplest form of a business, in which one individual owns the business

A professional corporation

A complicated form of business where one individual owns the business, but another receives the profits

None of these choices are correct

267

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Chapter 2 The Inner Workings of the Law Office

____ 6.     In a sole proprietorship, the __________ is entitled to any profits made by the firm but is also personally liable for all of the firm’s debts or obligations.

Sole proprietor

CEO

Business manager

Corporate head

____ 7.     __________ is an individual’s personal responsibility for the debts or obligations of a business, using the personal assets of the business owner, such as a home, bank accounts, or other property, to pay the business obligations.

Corporate liability

Personal liability

Partnership liability

Shareholder liability

____ 8.     Which of the following is an example of a personal asset?

A house

A savings account

An investment account

A house and a savings account

All of these choices are correct

____ 9.     An attorney who practices law as a sole proprietor is often called a:

Loner lawyer

Sole practitioner

Private practitioner

Limited practitioner

____ 10.    Which of the following is true of working for a sole proprietorship?

The work is highly specialized

The work typically encompasses a wide variety of tasks

You will have limited personal liability

The working hours tend to be more regular—9 A.M. to 5 P.M.

____ 11.    A paralegal working for a sole practitioner might act as which of the following?

Secretary

Paralegal

Administrator

All of these choices are correct

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____ 12.    A paralegal working for a sole practitioner might handle which of the following tasks?

Offering legal advice to clients

Receiving and date-stamping mail

Interviewing clients and witnesses

Receiving and date-stamping mail and interviewing clients and witnesses

____ 13.    A paralegal working for a sole practitioner might handle which of the following tasks?

Bookkeeping

Receiving and date-stamping mail

Interviewing clients and witnesses

Conducting investigations

All of these choices are correct

____ 14.    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.

Sole proprietorship

Professional corporation

Partnership

Business corporation

____ 15.    A __________ is a person who has undertaken to operate a business jointly with one or more persons and is a co-owner of the firm.

Sole proprietor

Shareholder

Partner

Managing partner

____ 16.    The partner in a law firm who makes decisions relating to the firm’s policies and procedures and who generally oversees the business operations of the firm is called a(n):

Associate partner

Managing partner

Responsible billing partner

None of these choices are correct

____ 17.    The managing partner in a law firm is the one who:

Gets the profits from the firm

Makes decisions relating to the firm’s policies and procedures and who generally oversees the business operations of the firm

Begins the firm, but then does not maintain an active role in running it

None of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office

____ 18.    Associate attorneys:

Are attorneys who are not partners in the firm and thus do not share in the profits

Are attorneys who make decisions relating to the firm’s policies and procedures and who generally oversee the business operations of the firm

Are the attorneys who begin a firm

None of these choices are correct

____ 19.    An attorney employed by a law firm who may someday become a partner and share in the firm’s profits is called a(n):

Staff attorney

Associate attorney

Contract attorney

Law clerk

____ 20.    Attorneys who are not partners in the firm and thus do not share in the profits are called:

Associate attorneys

Managing attorneys

For-hire attorneys

Partner attorneys

____ 21.    Staff attorneys work for law firms, but:

Do not receive benefits

Will never become partners

Work only on a temporary basis

Will eventually become partners

____ 22.    __________ work for law firms, but will never become partners.

Associate attorneys

Managing partners

Staff attorneys

All of these choices are correct

____ 23.    __________ are law students who work for the firm during the summer or part-time during the school year to gain practical legal experience.

Law minors

Law minions

Law clerks

Law apprentices

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____ 24.    Law clerks are:

Law students who work for the firm during the summer or part-time during the school year to gain practical legal experience

Lawyers who are employed by firms for short-term positions

Secretaries

Certified paralegals

____ 25.    A __________ is a form of business organization that normally allows lawyers doing business as partners to avoid personal liability for the malpractice of other partners.

Partnership

Professional corporation

Limited liability partnership

Limited partnership

____ 26.    __________ 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.

Sole proprietorship

Partnership

Professional corporation

Business corporation

____ 27.    One who purchases corporate stock, or shares, and becomes an owner of the corporation is known as a:

Partner

Shareholder

Responsible billing partner

Sole proprietor

____ 28.    The __________ of a professional corporation share in the profits and losses of the firm in proportion to how many shares they own.

Partners

Shareholders

Responsible billing partners

Sole proprietors

____ 29.    Shareholders in a professional corporation:

Share in the profits and losses of the firm in proportion to how many shares they own

All receive the same amount of the profits of the firm, regardless of how many shares they own

Must pay monthly dues to professional associations

Have no personal liability

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office

____ 30.    A law firm may take which of the following business organizational forms?

Sole proprietorship

Partnership

Limited liability partnership

All of these choices are correct

____ 31.    In larger firms, an employee who is responsible for overseeing the paralegal staff and paralegal professional development is known as a(n):

Office manager

Legal administrator

Legal assistant

Legal-assistant manager

____ 32.    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?

Office manager

Legal administrator

Managing partner

Legal-assistant manager

____ 33.    In larger firms, the paralegal manager or legal-assistant manager is:

An employee who has had specialized paralegal training at a four-year university

An employee who works for a paralegal

An employee who hires paralegals

An employee who is responsible for overseeing the paralegal staff and paralegal professional development

____ 34.    An employee of a large law firm who manages the day-to-day operations of the firm is called a(n):

Managing partner

Office manager

Legal administrator

Legal-assistant manager

____ 35.    Mike Jones works for the large law firm of Stanley & Stanley in Los Angeles, California. He was hired by the partners to run the business end of the firm. His job is to manage the firm’s day-to-day operations. Which of the following best describes Mike Jones’s position with the firm?

Managing partner

Office manager

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Chapter 2 The Inner Workings of the Law Office
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Legal administrator

Legal-assistant manager

____ 36.    A(n) __________ is an administrative employee who handles client billing procedures and manages the day-to-day operations of a small law firm by making sure that the office runs smoothly, that sufficient supplies are on hand, and that office procedures are established and followed.

Legal secretary

Office manager

Legal administrator

Legal-assistant manager

____ 37.    An office manager in a small to medium-sized firm is:

An administrative employee who handles client billing procedures and manages the day-to-day operations, makes sure that the office runs

smoothly, that sufficient supplies are on hand, and that office procedures are established and followed

A law student working for the summer

An employee responsible for overseeing the paralegal staff and paralegal professional development

None of these choices are correct

____ 38.    Which of the following is a task for a small law firm’s office manager?

Establishing and overseeing filing procedures

Ordering and monitoring supplies

Docketing legal work undertaken by attorneys

All of these choices are correct

____ 39.    Employees of a law firm who provide clerical, secretarial, or other support to the legal, paralegal, and administrative staff of a law firm are called:

Support personnel

Office managers

Legal administrators

Legal-assistant managers

____ 40.    Support personnel at a law firm include which of the following?

Secretaries

File clerks

Associate attorneys

Secretaries and file clerks

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office

____ 41.    Support personnel at a law firm include which of the following?

Secretaries

Managing partners

Associate attorneys

Secretaries and managing partners

All of these choices are correct

____ 42.    Support personnel at a law firm include which of the following?

Secretaries

Receptionists

Messengers

Secretaries and receptionists

All of these choices are correct

____ 43.    Law-firm personnel include which of the following?

Partners

Associate attorneys

Paralegals

Legal administrators or office managers

All of these choices are correct

____ 44.    When first taking a job in a law firm, it is important for paralegals to know the status of law-firm personnel because:

It is a standard law-firm employment policy

It is a category on a paralegal’s performance evaluation

Paralegals should know to whom they are accountable and who, in turn, is accountable to them

All of these choices are correct

____ 45.    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):

Written offer of employment

Performance evaluation

Employment policy manual

Written offer of employment and performance evaluation

____ 46.    An employment manual usually contains:

Written offers of employment

Performance evaluations

A firm’s policies governing employment

Written offers of employment and performance evaluations

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office
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____ 47.    Which of the following is likely to be covered in a firm’s employment manual?

Policies on how much vacation time employees are entitled to

Which holidays are observed by the firm

Personal information on each employee

Policies on how much vacation time employees are entitled to and which holidays are observed by the firm

____ 48.    Which of the following is likely to be covered in a firm’s employment manual?

Policies on how much vacation time employees are entitled to

Which holidays are observed by the firm

What will serve as grounds for the employer to terminate an employee’s employment

All of these choices are correct

____ 49.    Many law firms conduct __________ to determine if employees will receive raises.

Performance evaluations

Random surveys

Surveys of supervisors

None of these choices are correct

____ 50.    Performance evaluations are conducted periodically by many firms to determine:

How much vacation time employees are entitled to

Which holidays employees may take off

If employees will receive raises

None of these choices are correct

____ 51.    Which factors may be considered in a performance evaluation?

Responsibility

Dependability

Competence

Cooperation

All of these choices are correct

____ 52.    Which of the following should you do to prepare for a performance evaluation?

Keep track of your accomplishments

Mention extra hours you worked to help win a big case

Tell your supervisor about a new software program you mastered

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office

____ 53.    Which of the following should you do to be successful in a performance evaluation?

Take extra vacation time right before the evaluation to mentally prepare yourself

Rely on your fellow workers to mention your contributions to the workplace

Tell your supervisor about a new software program you mastered

All of these choices are correct

____ 54.    During a performance evaluation it is important to:

Adopt a positive outlook

Rely on your fellow workers to mention your contributions to the workplace

Tell your supervisor about a new software program you mastered

Adopt a positive outlook and tell your supervisor about a new software program you mastered

____ 55.    During a performance evaluation it is important to:

Adopt a positive outlook

Show that you appreciate constructive criticism

Learn more about your strengths and weakness

All of these choices are correct

____ 56.    If you find that a busy supervising attorney puts off conducting your evaluation, you could:

Complain to the managing partner of the firm

Hope that next year will be better

Prepare your own performance evaluation and present it to your supervising attorney for review

Complain to the managing partner of the firm and prepare your own performance evaluation and present it to your supervising attorney for review

____ 57.    Which of the following is likely to be grounds for employment termination?

12 or more absences for two consecutive years

Getting married

Voting for a presidential candidate that your supervisor disapproves of

All of these choices are correct

____ 58.    Which of the following is considered a discriminatory reason for not hiring an employee?

An employee’s age

An employee’s gender

An employee’s race

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office
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____ 59.    Which of the following is considered a discriminatory reason for not hiring an employee?

An employee’s experience

An employee’s gender

An employee’s behavior during a job interview

All of these choices are correct

____ 60.    Under the common law doctrine of __________, employers may hire and fire employees for any reason or no reason and employees can leave a job for any or no reason.

Free employment

Real employment

Employment at will

Employment of choice

____ 61.    Under the common law doctrine of _________, employers may hire and fire employees for any reason or no reason and employees can leave a job for any or no reason.

Free employment

Real employment

Employment of choice

None of these choices are correct

____ 62.    Sexual harassment is a form of:

Gender-based discrimination

Race-based discrimination

Religion-based discrimination

None of these choices are correct

____ 63.    Under federal and state statutes, employers may not __________ for discriminatory reasons.

Refuse to hire a job applicant

Refuse to promote an employee

Fire an employee

All of these choices are correct

____ 64.    A typical law firm has which of the following types of files?

Client files

Work product files

Forms files

Personnel files

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office

____ 65.    An efficient filing system:

Helps to ensure that important documents will not be lost or misplaced

Involves casual procedures based on tradition

Ensures that important documents will be available when needed

Will involve formal written procedures and a procedures manual

Helps to ensure that important documents will not be lost or misplaced and ensures that important documents will be available when needed

____ 66.    If a client file is misplaced or lost:

The file can usually be easily replaced by an efficient paralegal

The supervising attorney will take all the blame

The client may suffer costly harm

None of these choices are correct

____ 67.    Filing procedures should:

Protect client confidentiality

Allow everyone in the office access to all client information

Be flexible

None of these choices are correct

____ 68.    Which of the following should you do to help protect client confidentiality?

Keep all identifiable information about clients off the cover of files

Never leave a file unattended for even a short time in a publicly accessible location such as a library table or courtroom

Do not allow outsiders access to firm computer systems or networks

Use only secure networks or encrypted communications systems for transmission of confidential information

All of these choices are correct

____ 69.    Which of the following should never be used for transmission of confidential information?

Internet cafés

Wireless networks in airports

Encrypted communications systems

Internet cafés and wireless networks in airports

____ 70.    Once a client’s file is closed:

You no longer have a responsibility to maintain confidentiality

You still have an obligation to maintain confidentiality

You can talk about the file with family, but no one else

None of these choices are correct

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Chapter 2 The Inner Workings of the Law Office
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____ 71.    One of the most important professional obligations of a paralegal is to treat all of your clients’ information as:

Personal

Private

Secret

Confidential

____ 72.    The first step to opening a new file is to:

Assign the case a file number

Call the client

Make hard copies of all files related to the case

None of these choices are correct

____ 73.    Original client documents:

Should never be altered

Should be hole punched and placed in a special binder with the case number clearly written on it

Should never be copied

Should be available to anyone in the firm

____ 74.    A large card inserted in the filing cabinet in the place of a temporarily removed file is called:

A retainer

An out folder

An out card

None of these choices are correct

____ 75.    The latest information technology trend in which files and programs are stored online so they are accessible from any computer, smartphone, or tablet connected to the Internet is called:

Free computing

Wide access computing

Wireless access-based computing

Cloud-based computing

____ 76.    When a case is closed, original client documents are usually:

Shredded

Stored off-site

Returned to the client

None of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 2 The Inner Workings of the Law Office

____ 77.    You destroy old files no longer needed by:

Purging

Shredding

Coding

Merging

____ 78.    The maximum time period within which specific types of legal actions may be brought to court is set by a:

Court calendar

Judge’s opinion

Statute of limitations

Tradition

____ 79.    Files containing copies of research projects, legal memoranda, and various case-related documents prepared by the firm’s legal professionals are known as:

Client files

Forms files

Personnel files

Work product or reference materials files

____ 80.    Which of the following would be found in a standard forms file?

Retainer agreements

Real estate forms

Bankruptcy petitions

Computerized filing forms

All of these choices are correct

____ 81.    A __________ is a file containing copies of the firm’s commonly used legal documents and forms that can be used as a model for drafting new documents or forms.

Client file

Work product file

Forms file

Personnel file

____ 82.    Which of the following forms might be included in a firm’s form file?

Forms for filing lawsuits in specific courts

Forms for retainer agreements

Forms for bankruptcy petitions

All of these choices are correct

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____ 83.    Backing up data with external hard drives or off-site services:

Is an important thing to do

Is illegal

Cannot be done with confidential information

None of these choices are correct

____ 84.    Which of the following is a factor in determining whether a lawyer’s fee is reasonable?

Time and labor required to perform the legal work

The fee customarily charged in the locality for similar legal services

The experience and ability of the lawyer

All of these choices are correct

____ 85.    A set fee for a specific legal service, such as $500 for a simple will, is known as a(n):

Fixed fee

Hourly fee

Contingency fee

None of these choices are correct

____ 86.    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?

Fixed fee

Hourly fee

Contingency fee

None of these choices are correct

____ 87.    A legal fee that is a set percentage (such as 33 percent) of the amount that the plaintiff recovers in a civil lawsuit, and which must only be paid if the plaintiff prevails, is known as a(n):

Fixed fee

Hourly fee

Contingency fee

Retainer

____ 88.    According to the text, as a general rule, clients pay __________ and are billed monthly for time spent on the case by the attorneys or legal personnel.

Fixed fees

Hourly fees

Contingency fees

Costs

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Chapter 2 The Inner Workings of the Law Office

____ 89.    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.

Fixed-fee agreement

Hourly-fee agreement

Retainer

Retainer agreement

____ 90.    According to a compensation survey conducted by Paralegal Today in 2012, billing rates for paralegals range from:

$60 to $155 per hour

$5 to $50 per hour

$40 to $400 per hour

$10 to $100 per hour

____ 91.    Which of the following types of cases typically cannot have contingency-fee agreements?

Divorce cases

Probate cases

Workers’ compensation cases

All of these choices are correct

____ 92.    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 called a(n):

Fixed fee

Hourly fee

Retainer

Contingency fee

____ 93.    Billing more than one client for the same billable time is called:

Value billing

Billable hours

Fee splitting

Double billing

____ 94.    Attorney Haynesworth spends three hours in the county circuit court waiting to argue a motion for client Adams. While he waits, he reads several cases for a brief that he is preparing for client Johnson and talks to another judge’s clerk about Johnson’s case. If attorney Haynesworth bills client Adams for three hours and client Johnson for three hours (a total of six billable hours), attorney Haynesworth has engaged in which of the following?

Fee splitting

Double billing

Value billing

All of these choices are correct

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____ 95.    When the fees charged to the client vary depending on the results of the representation—for example, whether a lawsuit is lost, won, or settled—it is called:

Fee splitting

Double billing

Value billing

Task-based billing

____ 96.    In an ethical opinion, the ABA indicated that attorneys are prohibited from:

Charging a client by the hour

Charging more than one client for the same hours of work

Charging a client on a contingency-fee basis in a personal-injury case

Charging a client on a fixed-fee basis for a simple will

____ 97.    A(n) __________ is a bank or escrow account in which one party holds funds belonging to another party; it is a bank account into which funds advanced to a law firm by a client are deposited.

Expense account

Client account

Law firm savings account

Trust account

____ 98.    A(n) __________ 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.

Personal time diary

Time slip

Expense slip

Personal time diary and expense slip

____ 99.    A slip of paper used to record any expense or cost that is incurred on behalf of a client is called:

A personal time diary

A time slip

An expense slip

A nonbillable expense record

____ 100.   Time spent on tasks such as administrative work, staff meetings, or performance reviews is __________ time.

Personal

Billable

Nonbillable

Personal and nonbillable

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Chapter 2 The Inner Workings of the Law Office

____ 101.   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:

To accurately bill clients

To subject legal professionals to a significant amount of pressure

That the financial well-being of the firm depends on the number of billable hours generated by its employees

That only billable hours can be billed to the clients

____ 102.   Tips for communication by e-mail include:

Aim for professional tone and quality (including using a spell checker)

Print and review all messages before sending

Request acknowledgment or feedback for all important messages

Disclose your paralegal status

All of these choices are correct

____ 103.   A law firm’s overhead expenses, which are a part of the billing rates of lawyers and paralegals, include all of the following but:

Rent

Utilities

Supplies

Personal transportation

____ 104.   Mixing together a client’s funds with the law firm’s funds, called __________, is one of the most common ways in which attorneys breach their professional obligations regarding client funds.

Combining

Commingling

Pooled accounts

IOLTA accounts

____ 105.   Keeping clients reasonably informed is an attorney’s:

Duty

Option

Act of courtesy

Role

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SHORT ANSWER/ESSAY

What is the purpose of an employee performance evaluation? What criteria are used to evaluate a paralegal employee? How often are employee performance evaluations conducted?

Define the term employment at will. How have court decisions and statutes affected

“at will” employment over time? Where might a paralegal find information regarding his or her employer’s policies on employment termination?

Explain when an attorney must use a client trust account. What is the paralegal’s role? Explain what the repercussions are to the attorney who fails to properly use a client trust account.

Paralegals must apply professional standards to their e-mail communications and format their e-mail messages appropriately. What are additional guidelines on how to communicate properly with clients using e-mail?

What is a sole proprietorship? For a paralegal, what are some of the benefits of working for a sole proprietor (a sole practitioner)?

Why are careful filing procedures so essential to the practice of law? How might filing procedures in large and small firms differ?

What is a contingency-fee case?

What are billable and nonbillable hours? Why do law firms seek to maximize their billable hours?

Why is it important to back up your computer work consistently? What are some of the steps you can take to back up your work and plan for emergencies?

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
CHAPTER 3: ETHICS AND PROFESSIONAL RESPONSIBILITY

TEST BANK

MULTIPLE CHOICE

Identify the choice that best completes the statement or answers the question.

____ 1.     Who will be affected if a paralegal violates a rule governing attorneys?

The paralegal

The attorney

The client

All of these choices are correct

____ 2.     Compared to lawyers, paralegals:

Are subject to less regulation

Are subject to more regulation

Are not regulated at all

Receive higher salaries

____ 3.     Which of the following directly regulates paralegals?

Professional paralegal organizations

The American Bar Association

State bar associations

None of these choices are correct

____ 4.     Which of the following indirectly regulates paralegals?

Professional paralegal organizations

The American Bar Association

State bar associations

All of these choices are correct

____ 5.     Which of the following professions have established minimum standards and levels of competence for its members?

Lawyers

Engineers

Physicians

All of these choices are correct

286

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____ 6.     Why do states have rules regulating attorneys?

To protect the public interest by defining specific ethical requirements for attorneys

To ensure that anyone practicing law is competent to do so by establishing licensing and educational requirements

To ensure that each attorney has graduated from a local law school

All of these choices are correct

To protect the public interest by defining specific ethical requirements for attorneys and to ensure that anyone practicing law is competent to do so by establishing licensing and educational requirements

____ 7.     States have educational and licensing requirements for lawyers to:

Ensure that only smart people become lawyers

Ensure that lawyer salaries remain high

Ensure that anyone practicing law is competent to do so

None of these choices are correct

____ 8.     Rules limiting who can practice law are mainly written by:

Paralegals

The state supreme courts

Lawyers

Senators

____ 9.     Which of the following are involved in determining what rules should govern attorneys?

Bar associations

State supreme courts

State legislatures

All of these choices are correct

____ 10.    In many states, the ultimate regulatory authority is:

The state trial court

The state bar association

The state supreme court

The state legislature

____ 11.    Licensing of attorneys is accomplished at what level?

Each state sets licensing requirements for attorneys

The federal government sets licensing requirements for the states

Licensing requirements are set by a consensus of the states and federal government

Local bar associations regulate licensing of attorneys

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3 Ethics and Professional Responsibility

____ 12.    __________ is best described as regulation of the conduct of a professional group by members of the group themselves, by establishing ethical or professional standards of behavior with which members of the group must comply.
Licensing

Self-regulation

Certification

Group regulation

____ 13.    A feature that distinguishes professions from other types of occupations is:

Indirect regulation

Self-regulation

Nonregulation

Indirect regulation and nonregulation

____ 14.    How does the regulation of attorneys protect the public?

By ensuring that an attorney is competent to practice

By creating state bar associations

By imposing specific ethical requirements

By ensuring that an attorney is competent to practice and by imposing specific ethical requirements

____ 15.    Which of the following entities are key participants in the regulation of attorneys?

State bar associations

State supreme courts

State legislatures

The United States Supreme Court

All of these choices are correct

____ 16.    Which of the following describes the role of most state supreme courts in regulating the legal profession?

The justices determine the licensing requirements

The justices determine when an attorney’s license will be suspended or revoked

The justices issue orders requiring that ethical rules become the law within the state

All of these choices are correct

____ 17.    In which of the following states must a prospective attorney pass a state bar examination before being admitted to practice?

Texas

Alabama

Ohio

All of these choices are correct

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____ 18.    In which of the following states is it unnecessary for a prospective attorney pass a state bar examination before being admitted to practice?

Texas

Alabama

Ohio

None of these choices are correct

____ 19.    In which of the following states must a prospective attorney pass a state bar examination before being admitted to practice?

Oklahoma

Kentucky

Ohio

Oklahoma and Kentucky

All of these choices are correct

____ 20.    All states require that prospective lawyers ________ before being admitted to practice.

Join a local bar association

Pass a state bar exam

Obtain a Ph.D. in a law-related subject

Work as a paralegal for at least a year

____ 21.    The state bar association is called a(n):

Unified bar

Joint bar

Complete bar

Required bar

____ 22.    The American Bar Association (ABA) is:

A mandatory national bar association

A voluntary national bar association

An international bar association

A bar association for paralegals

____ 23.    An attorney must receive a bachelor’s degree from a college or university, graduate from an accredited law school, take and pass a state bar examination, and pass an extensive background investigation in order to:

Be directly regulated

Obtain a license to practice law

Be indirectly regulated

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3 Ethics and Professional Responsibility

____ 24.    With regard to advertising their services to the public, lawyers:

May put whatever they want in an ad

Cannot advertise their services to the public

Can advertise on TV, billboards, radio, and the Internet, but with some restrictions

Can only advertise in print

____ 25.    Restrictions on lawyers advertising their services to the public were relaxed because:

State supreme courts determined them to be unconstitutional

The United States Supreme Court determined them to be an unconstitutional limitation on attorneys’ rights to free speech

The United States Supreme Court determined them to be an unconstitutional limitation on attorneys’ rights to freedom of religion

The ABA decided the restrictions were interfering with lawyers’ business

____ 26.    The United States Supreme Court has decided issues relating to attorney conduct, such as removing the prohibition against:

Advertising

Free speech

The unauthorized practice of law

Self-regulation

____ 27.    State bar examinations test knowledge of which of the following?

State law

Multistate law

Statistics

State law and multistate law

____ 28.    Which of the following might prevent a prospective attorney from being permitted to practice law?

An illegal act committed by the candidate in the past

A bad grade in an important course in law school

Marital status

Sexual orientation

____ 29.    Engaging in actions defined by a state legislature as constituting the “practice of law” without the legal authorization to do so describes which of the following?

Licensing

Malpractice

Unauthorized practice of law

Self-regulation

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____ 30.    Lawyers join together in professional groups called __________ at the local, state, and national levels to discuss issues affecting the legal profession and to decide on standards of professional conduct.

Bar associations

Courts

Legislatures

Clubs

____ 31.    Which of the following are ethical rules created by the ABA?

The Model Code of Professional Responsibility

The NALA Code of Ethics and Professional Responsibility

The Model Rules of Professional Conduct

The NFPA Model Code of Ethics and Professional Responsibility

The Model Code of Professional Responsibility and the Model Rules of Professional Conduct

____ 32.    A major step toward ethical regulation was taken in 1908, when the ABA approved the __________, which consisted of 32 ethical principles.

Model Code of Professional Responsibility

Canons of Ethics

Rules of Law

Common Law Ethics

____ 33.    Most states have adopted ethical codes based on the:

Model Code of Professional Responsibility

Ethical Considerations

Model Rules of Professional Conduct

Disciplinary Rules

____ 34.    New York still follows the:

Model Code of Professional Responsibility

Ethical Considerations

Model Rules of Professional Conduct

Disciplinary Rules

____ 35.    Which of the following states uses the Model Code of Professional Responsibility?

California

Maine

New York

All of these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3 Ethics and Professional Responsibility

____ 36.    The ABA Model Code of Professional Responsibility has __________ canons.

Ten

Twelve

Nine

Three

____ 37.    In the ABA Model Code of Professional Responsibility, the “Ethical
Considerations” describe:

Behavior that is required by law

Behavior that is ideal, but not necessarily required by law

Behavior for all non-attorneys involved in legal practice

None of these choices are correct

____ 38.    The mildest sanction imposed for attorney violations of the rules governing professional conduct is a:

Disbarment

Warning

Reprimand

Scolding

____ 39.   __________ is a disciplinary sanction in which an attorney is scolded for his or her violation of the ethical rule; it is the mildest sanction for an ethical violation.

Disbarment

Suspension

A reprimand

Disbarment and a reprimand

____ 40.    __________ 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.

Disbarment

Suspension

A reprimand

Disbarment and a reprimand

____ 41.    __________ 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.

Disbarment

Suspension

A reprimand

Disbarment and a reprimand

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____ 42.    Which of the following is an example of a formal sanction imposed on attorneys for violations of the rules governing professional conduct?

Reprimand

Suspension

Disbarment

All of these choices are correct

____ 43.   Professional misconduct or negligence—the failure to exercise due care—on the part of a professional, such as an attorney or a physician, is called:

Disbarment

Malpractice

Suspension

Damages

____ 44.    To protect themselves against possible claims of malpractice, freelance paralegals and independent paralegals should obtain:

Health insurance

Disability insurance

Property insurance

Liability insurance

____ 45.    __________ are compensation in the form of money awarded to a person who is injured by another’s wrongful or careless act.

Damages

Compensation dollars

Injury fees

Recoveries

Torts

____ 46.    Damages in a civil lawsuit are:

Compensation in the form of money

Compensation in the form of services

Payments for the lawyer representing the plaintiff

None of these choices are correct

____ 47.   Under __________ , one who is injured by another’s wrongful or careless act is entitled to bring a civil lawsuit against the wrongdoer for damages.

Civil law

Tort law

Criminal law

Damages law

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Chapter 3 Ethics and Professional Responsibility

____ 48.    Tort law allows:

Paralegals to practice law in emergencies

Attorneys to prevent unqualified persons from entering the profession

One who is injured by another’s wrongful or careless act to bring a civil lawsuit against the wrongdoer for damages

One who is injured by another’s wrongful or careless act to bring a criminal lawsuit against the wrongdoer for damages

____ 49.    __________ representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.

Confidential

Diligent

Competent

Fair

____ 50.    To violate a legal duty by an act or a failure to act is called:

Damage

Harm

Breach

Incompetence

____ 51.    Which of the following is often the cause of an inadvertent breach of the duty of competence?

Inadequate research

Missed deadlines

Errors in legal documents filed with the court

All of these choices are correct

____ 52.    Inadequate research is often the cause of:

Breach of the duty of competence

Breach of the duty of confidentiality

Breach of the duty of fairness

Breach of the duty of completeness

____ 53.    Missed deadlines are often the cause of:

Breach of the duty of competence

Breach of the duty of confidentiality

Breach of the duty of fairness

Breach of the duty of completeness

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____ 54.    Improperly filed court documents are often the cause of:

Breach of the duty of competence

Breach of the duty of confidentiality

Breach of the duty of fairness

Breach of the duty of completeness

____ 55.    When using e-mail as a method of communication it is important to:

Print, proofread, and edit

Show every e-mail to your supervisor before sending it

Use an informal, chatty style of writing

Make a digital voice recording as well

____ 56.    A lawyer’s duty to supervise nonlawyer assistants applies to lawyers in:

Private law firms

Corporate legal departments

Government agencies

All of these choices are correct

____ 57.    Paralegal Sam carelessly performs legal research by failing to update a court’s decision to find out if the state court of appeals or state supreme court reversed the decision that he found.This is an example of a breach of which of the following ethical rules?

Conflict of interest

Competence

Diligence

Fairness toward opposing counsel

____ 58.    Attorney Chapman assigns paralegal Sarah a complex brief, tells her to research the law, prepare the brief, proofread it, and then sign attorney Chapman’s name to the brief and submit it to the court. Attorney Chapman will not be available to review or sign the brief, because she is going on a business trip and will not return before the deadline for filing the brief. Attorney Chapman has violated the ethical rule regarding:

Fairness to opposing party and counsel

Candor toward the tribunal

Expediting litigation

Adequate supervision of a nonlawyer assistant

____ 59.    Attorneys __________ both instruct and supervise nonlawyer employees concerning the appropriate ethical conduct and can be held personally responsible for the ethical violations of their subordinates.

Must

Should

Are advised to

Can

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Chapter 3 Ethics and Professional Responsibility

____ 60.    Which of the following would be appropriate if your supervising attorney is not adequately supervising your work?

Improve communications with the attorney

Ask the attorney for feedback on your work

Attach a note to a document you have prepared for the attorney requesting him or her to review the document before signing it

All of these choices are correct

____ 61.    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?

Competence

Communication with clients

Conflicts of interest

Responsibilities regarding nonlawyer assistants

____ 62.    One of the oldest and most important rules of the legal profession is the rule of:

Competence

Attorney-client confidentiality

Disbarment

Conflicts of interest

____ 63.    The legal consequences of violating legal ethical rules include:

An unhappy client

An unhappy supervising attorney

Exposure of attorneys and paralegals to legal liability

An unhappy judge

____ 64.   Routine paralegal tasks, such as drafting and filing a motion and brief with the court, would involve which of the following ethical responsibilities?

The duty of confidentiality

The duty of competence

The attorney’s duty of adequate supervision

All of these choices are correct

____ 65.    A client must be able to confide in his or her attorney so that the attorney can best represent the client’s interests. This is the:

Rule of client confidentiality

Exception to the rule of client confidentiality

Rationale for the rule of client confidentiality

Rule of client confidentiality and exception to the rule of client confidentiality

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____ 66.    The ABA Model Rules state which of the following regarding the ethical rule of confidentiality?

Only client’s secrets and confidences must be kept confidential

Paralegals should regard all information about a client as confidential

A lawyer may not reveal information relating to representation of a client

None of these choices are correct

____ 67.    According to the text, a good rule of thumb to follow regarding client confidentiality is that:

A client must be able to confide in her attorney

A lawyer may not reveal information relating to the representation of a client

Paralegals should regard all information about a client or client’s case as confidential

Only clients’ secrets and confidences may not be revealed

____ 68.    Thomas Timmons, a paralegal, brings a witness into his office for an interview. Thomas leaves a deposition summary and several letters from another client’s file on his desk. The witness reads the deposition summary and the letters while Thomas takes a telephone call during the interview. Thomas has violated the ethical rule regarding:

Competence

Conflicts of interest

Confidentiality

Competence and conflicts of interest

____ 69.    Which of the following are the exceptions to the rule of client confidentiality?

Client consents to disclosure

Impliedly authorized disclosure

Client intends a harmful act

Defending against a client’s legal action

All of these choices are correct

____ 70.    Mrs. Jones comes to attorney Nelson’s office and asks him to represent her in a divorce. Before leaving the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him, that attorney Nelson is to “go ahead and tell him that she is.” This is an example of:

Client confidentiality

Client consenting to disclosure of confidential information

An impliedly authorized disclosure of confidential client information

Client confidentiality and an impliedly authorized disclosure of confidential client information

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3 Ethics and Professional Responsibility

____ 71.    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:

A breach of client confidentiality

The client consenting to disclosure of confidential information

An impliedly authorized disclosure of confidential client information

The client consenting to disclosure of confidential information and an impliedly authorized disclosure of confidential client information

____ 72.    One year after Mrs. Smith’s divorce is final, she becomes disenchanted with her property settlement and sues attorney Nelson for legal malpractice. Attorney Nelson uses the information obtained during his representation of Mrs. Smith to defend himself from the legal malpractice action. This is an example of:

A breach of the rule of client confidentiality

The client consenting to disclosure of confidential information

An impliedly authorized disclosure of confidential client information

Using confidential client information to defend against a client’s legal action

____ 73.    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 the bank where the client maintains his accounts and loans. This is an example of:

A breach of the client confidentiality rule

The client consenting to disclosure of confidential information

An impliedly authorized disclosure of confidential client information

The client consenting to disclosure of confidential information and an impliedly authorized disclosure of confidential client information

____ 74.    Never discussing 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 which of the following?

Violating the duty of competence

Violating the duty to avoid conflicts of interest

Violating the rule of client confidentiality

Violating the duty of competence and violating the duty to avoid conflicts of interest

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____ 75.    Paralegal Melissa and a client are preparing answers to interrogatories in Melissa’s office. The telephone rings, and Melissa answers it. During the conversation, she says, “I am so sorry to hear that you have AIDS, Mr. Thomas. I will give this information to attorney Chase and ask him to call you about revising your will.” Melissa hangs up the telephone and resumes work with the client. The client begins asking questions about Mr. Thomas’s identity, because the client thinks that he knows Mr. Thomas. This is an example of:

A breach of the rule of client confidentiality

The client consenting to disclosure of confidential information

An impliedly authorized disclosure of confidential client information

A violation of the duty of competence

____ 76.    Which of the following are ways of inadvertently violating the rule of client confidentiality?

Discussing confidential information on an elevator

Allowing your telephone conversations to be overheard

Leaving confidential information visible on a computer screen

Leaving a file or document sitting on your desk to be observed by third parties

All of these choices are correct

____ 77.    Which of the following are the consequences of violating legal ethics?

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 these choices are correct

____ 78.    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?

Seek to have a disciplinary action brought against the attorney for violation of the rule of client confidentiality

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 these choices are correct

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3 Ethics and Professional Responsibility

____ 79.    The duty of competence can be breached by which of the following actions?

Missing filing deadlines with the court

Including incorrect information in a legal document

Inadequate attorney supervision of paralegals

All of these choices are correct

____ 80.    Organization is the key to ensuring that deadlines and the duty of competence are met. This can be accomplished by which of the following?

Computerized calendaring and tickler systems

Manual calendaring and tickler systems

Checking frequently with the supervising attorney about new and revised deadlines

All of these choices are correct

____ 81.    Paralegal Susan arrives at her office at 9:00 A.M. Every morning on arriving in the office, Susan normally checks her personal calendar for the day’s court filing deadlines. Today, however, the secretary is out sick and Susan must man the phones and word processor for her. Susan forgets to check her calendar until the end of the day. As a result, she fails to file an important document with the court on behalf of her supervising attorney. Which ethical rule has been breached?

The duty of client confidentiality

The work product doctrine

The conflict of interest rule

The duty of competence

____ 82.    Which of the following are methods for obtaining adequate attorney supervision?

Communicating with the supervising attorney

Asking the attorney for feedback on your work

Placing feedback reminders on your personal calendar

Attaching a note to a document that you have prepared for the attorney, requesting him or her to review the document carefully before signing

All of these choices are correct

____ 83.    Attorney Morris is representing Mr. Meiners in a case involving the kidnapping of Mr. Meiners’s two dogs. During one of their conversations, Mr. Meiners reveals that he is planning to murder the key suspect in the kidnapping. Attorney Morris notifies the police. Attorney Morris is guilty of:

Breach of duty of competence

Breach of duty of confidentiality

Breach of duty of honesty

None of these choices are correct

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____ 84.    Which of the following states exempts threats of death or serious injury from the attorney-client privilege?

Texas

Vermont

Alabama

All of these choices are correct

____ 85.    Which of the following states does not exempt threats of death or serious injury from the attorney-client privilege?

Texas

Montana

Alabama

None of these choices are correct

____ 86.    __________ is a rule of evidence requiring that confidential communications between an attorney and client relating to their professional relationship be kept confidential.

The client confidentiality rule

The work product doctrine

The attorney-client privilege

All of these choices are correct

____ 87.    Attorney Smith defended Mr. Roberts in a criminal action for spousal abuse. Two years later, Mr. Roberts was charged with the murder of his wife and hired a new attorney. The new attorney calls attorney Smith to the stand to testify about confidential information that Mr. Roberts told him when he was defending Mr. Roberts on the spousal abuse charges. Attorney Smith can refuse to testify by claiming which of the following?

The duty to supervise

The work product doctrine

The attorney-client privilege

The duty of competence

____ 88.    Which of the following is true regarding attorney-client privileges?

The privilege arises the moment a client communicates with an attorney concerning a legal matter

The attorney-client privilege only arises if the attorney agrees to represent the client and signs a retainer agreement

Only the client can waive the attorney-client privilege

The privilege arises the moment a client communicates with an attorney concerning a legal matter and only the client can waive the attorney-client privilege

© 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied, or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 3 Ethics and Professional Responsibility

____ 89.    Generally, any communications concerning a client’s legal rights or problems fall under the:

Work product doctrine

Attorney-client privilege

Conflict of interest rule

Duty to supervise

____ 90.    If the __________ rule is violated, information that otherwise might have been protected by the attorney-client privilege can be used in court, which may be harmful to the client’s interests.

Supervision

Confidentiality

Conflicts of interest

Ethical

____ 91.    Which of the following can lead to a breach of confidentiality?

A document left lying on your desk

Opening a confidential document on a public computer where the screen can easily be seen

Talking about a case on your cell phone in restaurant

All of these choices are correct

____ 92.    Which of the following is a major issue a paralegal should consider when using electronic communications?

Is a work-related communication confidential, or could an opposing party discover it during litigation?

Is a communication an appropriate use of the employer’s property?

What sort of personal information is appropriate to share with the world through Facebook, Twitter, and other services?

All of these choices are correct

____ 93.    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?

The client confidentiality rule

The work product doctrine

The attorney-client privilege

The conflict of interest rule

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____ 94.    The __________ protects certain materials relating to an attorney’s preparation of a client’s case for trial.

Work product doctrine

Attorney-client privilege

Work confidentiality doctrine

Secrecy doctrine

____ 95.    The work product doctrine:

Allows attorneys to reveal confidential client information to prevent crimes

Protects certain materials relating to an attorney’s preparation of a client’s case for trial

Prevents unlicensed paralegals from directly assisting with court cases

None of these choices are correct

____ 96.    Financial statements relating to a client’s business firm would be:

Likely to be classified as work product

Unlikely to be classified as work product

Protected by attorney-client privilege

None of these choices are correct

____ 97.    The attorney-client privilege:

Exists only if the attorney is hired by the client

Goes away one year after the case is closed

Arises even if the attorney is not ultimately hired by the client

None of these choices are correct

____ 98.    Mrs. Topp contacts your supervising attorney about representing her in a divorce case. She ultimately decides that she does not want to divorce Mr. Topp and does not hire your supervising attorney. You then mention to a friend that Mrs. Topp was considering a divorce, but has decided against it. You are:

Guilty of violation of the attorney-client privilege

Not guilty of violation of the attorney-client privilege because Mrs. Topp never actually hired the attorney

Not guilty of violation of the attorney-client privilege because Mrs. Topp did not go through with the divorce

None of these choices are correct

____ 99.    Attorney-client privilege lasts for:

One year

Ten years

Five to twenty years, depending on the state

Forever

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Chapter 3 Ethics and Professional Responsibility

____ 100.   A situation in which two or more duties or interests come into conflict is a definition of which of the following legal ethical rules?

Client confidentiality

Attorney-client privilege

Duty of competence

Conflict of interest

____ 101.   A conflict of interest:

Arises when representing one client injures the interests of another client

Arises when an attorney charges too much for his services

Arises when an attorney takes on too many clients

Is a social problem

____ 102.   An attorney should not represent a client if doing so would be directly adverse to another client due to the:

Conflict of confidentiality rule

Conflict of interest rule

Duty of competence rule

Duty of confidentiality rule

____ 103.   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 Moore. At this point, the son, Bob Danes, decides to challenge the validity of the will. What type of ethical situation does attorney Mitchell face?

A breach of client confidentiality

A breach of the duty of competence

A breach of the conflict of interest rule

All of these choices are correct

____ 104.   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., Smithers is very knowledgeable about its products and their patents. May attorney Smithers represent Ms. Perkins in a patent infringement action against Computers, Inc.?

Yes, because Computers, Inc. is a former client

No, because it would constitute simultaneous representation

Yes, because it would not breach any ethical rules

No, because it would breach the conflict of interest rule

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____ 105.   Attorney Barnes drafts a will for Mrs. Potters, an 87-year-old widow. Since

Mrs. Potters has no family to inherit her large estate, Attorney Barnes makes

himself the sole beneficiary of Mrs. Potter’s will. What ethical rule has attorney

Barnes violated?

The client confidentiality rule

The attorney-client privilege

The duty of competence

The conflict of interest rule

____ 106.   __________ is a procedure for determining whether an agreement to represent a potential client will result in a conflict of interest.