Unit 2/3

1. Unit 2/3

2. Battleship Legal Ethics (Tests 2/3) • Rules for Battleship • I have a grid with ships • (Two battleships, two submarines, five tugboats) • You have to find them by calling out a grid number/letter – I will choose who calls. • If you get a “hit,” you have to answer the question. If you miss, the turn goes to the next person. If you get the answer wrong, the question goes to the next person.

4. Question 1: True or False…. Precedent and case law are synonymous.

5. Answer: True Case Law - reported decisions of selected appellate and other courts which are used as legal principle. Precedent-Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.

6. Joe decides his case has heavy medical issues and decides to hire a doctor to represent him instead of an attorney --- thinking the doctor would have much more knowledge about his case than an attorney. Can the doctor represent him? Yes/No.

7. NO. The Doctor will be guilty of the unauthorized practice of law if he gives him any legal advice or represents him in court.

8. True or False… The duty of confidentiality only applies to the paralegal and the attorney - but not all of the legal staff.

9. Answer: False All legal staff having anything to do with the case must keep client information confidential.

10. Can freelance paralegals always work without supervision from an attorney? Yes/No.

11. No. There are some things that an attorney would be necessary for. (Signing motions, taking depositions, filling out certain forms).

12. Jim calls his best friend who is a paralegal. Jim is in jail with a DWI (DUI). His paralegal friend tells him to keep his mouth shut. Is this UPL? Yes/No

13. Yes, this is UPL. The paralegal cannot assess his friend’s need. He is not licensed to do so. He applied his knowledge of the law to the situation, and gave a response. He should NOT have done that.

14. After a client dies, client confidentiality ends. True or False?

15. Answer: False! This information is always confidential. Rule 1.6

16. Only the client is able to waive attorney-client privilege. True or False?

17. Only the client has the power to waive the attorney-client privilege. If the client carelessly allows the information to be disclosed to others, confidentiality will be lost, and a waiver will occur. The waiver may also result from failure to object to the demand for disclosure in litigation. Once the privilege has been waived, it is treated as a waiver for all purposes.

18. Paralegal Cathy is sitting in a conference room with the accused client. The client whispers to Cathy and says, “Don’t tell anyone, but I did kill my husband.” Sue has a duty to tell the police. True or False.

19. False. The client has attorney-client privilege and that includes the paralegal.

20. Protected attorney work product would include which of the following: • Preliminary Memorandum • Notes that the attorney wrote about the case • Client Tax records • Client statements to the attorney • Mental thoughts and impressions

21. Everything mentioned is considered attorney work product except the tax records and then there are exeptions.

22. A paralegal has some client files on his laptop because he is flying from one state to another and thought he’d work on the case. Is this a problem?

23. If he has permission to do so form the firm. • paralegal must make sure no one can see the files on his laptop. • Must be extremely careful not to lose the laptop

24. A client confesses that he lied on an answer to interrogatories. The paralegal found out about the lie and wrote a memo to the file. The client sued the law firm at the end of the case for malpractice because he lost his case. Can the paralegal use this information or is it confidential?

25. Yes, if it is relevant of the defense of the malpractice claim

26. A paralegal worked very hard on a very famous case for several years for a prestigious law firm. She wants to write a book about her work at the very famous law firm. Does she need permission from the law firm?

27. Yes, it is best to do this. She may divulge client information without meaning to. Check with the firm first.

28. The duty of attorney client privilege can begin before the agreement is signed. True or False

29. True – It may begin before an agreement is signed.

30. Paralegals are entitled, as a general rule, to learn of client information as part of assisting with the representation because paralegals are authorized members of the legal team

31. True. Paralegals are part of the legal team. They are bound to keep client information confidential.

32. The attorney-client privilege is a rule of evidence that prevents lawyers from being forced to testify against their clients. True or False.

33. True. Is there ever a time when an attorney can testify against his/her client?

34. Paralegals may sign their name to pleadings and motions for court. True or False?

35. False * There are a few states with exceptions to this rule, but generally no.

36. If a paralegal broke an ethics rule, the attorney could be liable. True or False.

37. True.

38. SUB Tug Tug Battleship SUB