Question
1.A former client has decided to sue you regarding your representation for her on an appeal of her sponsorship application (for her spouse) that was
1.A former client has decided to sue you regarding your representation for her on an appeal of her sponsorship application (for her spouse) that was refused. She maintains that you were incompetent in the handling of the case preparation and did not have the witnesses and evidence at the board necessary to prove her case.
At the hearing brought by your client you reveal that you did work for this person on the Immigration Appeal Division case and that it was dismissed by the tribunal member for failure to show that the relationship was genuine. You revealed to the court that your client failed to respond to your communication to her asking for important information and documents that would have helped you identify the right witnesses and establish necessary facts.
You also insisted that your client was a pathological liar and a person with a criminal record for fraud and petty theft. You know this information from case interviewing notes when the client discussed with you her previous dealing with the law and court-ordered psychological counseling.
Which one of the following statements is true?
Select one:
a. You were entitled to reveal all of this information for the purpose of defending against her claim.
b. It was necessary to disclose her previous record and psychological issues to discredit her testimony and disprove her case against you.
c. You may reveal confidential information in a civil matter like this one, but only to the extent it is required to meet the allegations and no more.
d. It is wrong for you to reveal any information about the matter even when sued by the client for negligence
2. With regard to advertising and promoting your practice, which one of the following should younotdo an ICCRC member to stay in compliance with the Code?
Select one:
a. You can use the ICCRC's logo in your advertising, as long as it is in compliance with their policies or regulations.
b. You should have your name, as registered with ICCRC, on any and all of your business cards.
c. You may use a client testimonial on your website so long at it is true and accurate and has been reviewed and approved by the client.
d. You can prominently display on the wall in your office waiting room a picture of you shaking hands with the Immigration Minister at a private function.
3. Able is a licenced immigration consultant with ICCRC. He has worked for three years in his own practice doing permanent and temporary visa applications for numerous clients. He has been very successful because he is a very careful and organized person.
Yesterday he had a person come to his office with a refugee claim matter and that person asked him if he could represent him at his hearing, which is coming up in a month.
The potential client was recommended to Able by a religious non-governmental organization from Able's own cultural community, and he was happy to get the referral.
Able does not know what he should do. He wants to get into refugee matters before the IRB, but he has never appeared before the board in his career, and has never taken a case and appeared before a board or court at anytime in his life.
Which of the following should he do?
Select one:
a. He should decline the matter and make a referral to someone more experienced given the limited time for him to prepare himself and the case for the hearing.
b. He should hire a friend of his who used to represent people before the Refugee Protection Board before the immigration consultant profession was regulated. His is not licenced. This person can be his in-house assistant and can help him with the case.
c. He should take the matter or he will never get experience in refugee matters. He is licenced and entitled to do the work.
d. He should take the matter and request the longest adjournment he can get, to give him time to prepare.
4. A Immigration Consultant has certain duties when advising a client.
Which one of the following statements is correct?
Select one:
a. Can accept a matter with a client that is not capable of performance if it is the clear instructions of the client to do so after you have fully informed and advised the client.
b. Can guarantee an outcome if he or she is experienced and successful before that particular court or tribunal.
c. Must speak his/her true mind on the matter even against the values and cultural beliefs of the client.
d. Can handle a matter outside his or her area of practice if the Immigration Consultant works in a firm with lawyers.
5. Chas, a client of Irma's, wants to sponsor his father over. Irma is concerned about Chas and his tendency to tell less than the whole truth to her.
On which of the following grounds is Irma required to withdraw her services?
Select one:
a. Chas was late in supplying supporting documentation for his application to Irma.
b. Chas always argues with Irma about her advise to him.
c. The retainer cheque is not honoured by the client's bank.
d. Chas insists Irma not mention or include in the spousal sponsorship application the fact that he has failed to pay spousal support to his ex wife.
6. You were representing Cliff at a tribunal hearing when an adjournment was called by the board members adjudicating the matter. You ran into the senior board member in the washroom and decided to talk to him about the case. You pleaded that your client was being unjustly treated and had done nothing unreasonable or that would attract blame and that the matter was harming him psychologically and with his standing in the community.
Did you act appropriately? Which one of the following statements is correct?
Select one:
a. Yes. You must always be prepared to diligently advance you client's case at every opportunity in order to give him/her the best representation possible.
b. No. You must not attempt to influence the outcome outside of the hearing.
c. No. It is conduct unbecoming a Immigration Consultant to discuss serious legal matters in a public washroom.
d. No. You were talking to just one board member without the other two present.
7. A immigration consultant has certain duties when advising a client. Which one of the following statements is incorrect?
A consultant -
Select one:
a. Can only have his/her judgment trusted by the client if he/she acts with honesty and candor.
b. Must provide to the client an assessment of the options and their possible consequences and risks so that the client can make the decision and provide proper
c. Should only accept matters that are reasonable under the law.
d. Can make an assurance of the likely success of a matter if only to comfort a client who is easily stressed.
8. With regard to the duty of client confidentiality, which one of the following statements is correct?
Select one:
a. A member is required to keep confidential all client information related to the immigration matter or matters the member is working on, however, the the duty does not extend to the client's information not related directly to the immigration matter.
b. A consultant should avoid indiscreet conversations about client matters, except to one's spouse if the client is not identified.
c. The Member's obligation of client confidentiality ends five years after all the matters related to the file are completed.
d. The Member shall keep the Client's papers and other property out of sight, as well as out of reach, of those not entitled to see them.
9. With regard to the duty of client confidentiality, which one of the following statements is correct?
Select one:
a. A member is required to keep confidential all client information related to the immigration matter or matters the member is working on, however, the the duty does not extend to the client's information not related directly to the immigration matter.
b. A consultant should avoid indiscreet conversations about client matters, except to one's spouse if the client is not identified.
c. The Member's obligation of client confidentiality ends five years after all the matters related to the file are completed.
d. The Member shall keep the Client's papers and other property out of sight, as well as out of reach, of those not entitled to see them.
10. Jade is representing a husband and wife in a refugee claim. Their ethnic group was being persecuted in their home country; mob violence, unwarranted jailing, death threats, and much more.
After being retained by the both of them, Jade was approached by the wife who said she needed to talk about the occasion when she was raped. Her husband does not know about the incident, but she does not want him to find out. She wants to discuss the details with Jade and provide evidence for the hearing (RPD), but she wants to keep the information from her husband. In her country, there is strong expectation that the husband should abandon a wife who has been raped by another man.
Jade believes she is in a conflict of interest situation. What should Jade do?
Select one:
a. Jade should immediately stop the interview and withdrawal from all representation of both clients without any further discussion.
b. Jade should represent both parties and tell the husband that he cannot be in attendance when his wife gives testimony.
c. Jade should insist that she disclose the matter to her husband for the sake of the case, besides, she is now in Canada.
d. Jade should explain that you cannot represent both her and her husband as she is obligated to disclose all information to both, and Jade recommends that she and her husband obtain separate representation.
I need this for 1 hour only thank you
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