QUESTION 13

Kara became a legal assistant after working as a legal secretary for many years in a general practice law office. After she received her legal assistant degree where she felt she could have taught the classes at times, the firm placed her name on letterhead, gave her business cards, and put her name on her office door. In each instance it was clearly identified that she was a legal assistant.

Kara felt she could prepare wills and simple deeds in her sleep, because she had typed so many of them in her secretarial days. Although her boss was not involved, she was sure her boss appreciated her taking care of these things for some of the regular clients, who often praised her ability and were glad her hourly rates were so much less than a partner's hourly rates.

Because she was so well known in her local legal assistant organization, Kara often was asked to speak at seminars and at some of the legal assistant classes. She always took this opportunity to brag about her firm, its areas of practice, and some of its larger clients. Once she even defended a client's good name, using information she learned from letters and memos between the client and her attorney.

From time to time, she receives job offers from other firms. She thinks if her office really appreciates her, they could split some of the fees with her from the cases on which she worked. She plans on mentioning this idea to the office manager.

Which of the following acts are violations or are potential violations of ethics by Kara or by the firm she works for?

Including Kara's name on letterhead, Kara's final preparation of wills and deeds without supervision of the attorney, splitting fees on certain cases with Kara, and allowing Kara's name to appear on her office door

Kara's final preparation of wills and deeds without supervision of the attorney, splitting fees on certain cases with Kara, Kara's discussing some of the firm's larger clients in public, and Kara's defending a client's good name by using inside information

Allowing Kara to have business cards, Kara's speaking at legal assistant classes without an attorney present, Kara's defending a client's good name by using inside information, and allowing Kara's name to appear on her office door

Including Kara's name on letterhead

Kara's final preparation of wills and deeds without supervision of the attorney, allowing Kara to have business cards, splitting fees on certain cases with Kara, Kara's speaking at legal assistant classes without an attorney present, Kara's discussing some of the firm's larger clients in public, Kara's defending a client's good name by using inside information, and allowing Kara's name to appear on her office door

None of the above

QUESTION 14

Lexis and Westlaw:

Are legal research websites that law firms and schools that teach law use for legal research

Are the names of automobiles sold in Germany

Are legal research websites that anyone could use if they pay fees to use them

Are commonly used by law firms and law schools to both instruct and utilize for issue-driven research on cases and problems

Are legal research websites that law firms and schools that teach law use for legal research and are commonly used by law firms and law schools to both instruct and utilize for issue-driven research on cases and problems

QUESTION 15

One of your firm's clients has an annoying trait: The man is old and hard of hearing and resents being corrected, no matter how wrong he is. He brings a friend with him during a visit to the office and, in front of you, tells the friend that you are one of the associate attorneys. As a legal assistant you should:

Correct him immediately even though it means some embarrassment.

Quietly explain to the friend that you are a legal assistant and explain your position, even though the client cannot hear what you are saying.

Advise your attorney of the situation and have him explain your position to the client.

Go along with it, as it quite the compliment he has just paid you.

QUESTION 16

Paralegals should check potential conflicts of interest:

If they believe one exists

Always, no matter what the situation

Only if the supervising attorney says to do so

Only if the opposing counsel says that it is necessary

QUESTION 17

The attorney you work for is out of town for two weeks and a client's settlement check comes in the mail. The client is anxious to get her portion from the settlement check and does not want to wait for the attorney to return. You know that the attorney's fee agreement was 1/3 plus costs. You may do which of the following?

Have the client endorse the check; then you will endorse the attorney's name so you can deposit the check and disburse according to the fee agreement.

Endorse the attorney's name and give the client the check to cash with instructions that they will have to come in next week and settle up with your boss.

Have the client endorse the check and give him a check from the trust account representing his share minus costs and ask him not to cash it until your boss gets back to deposit the settlement check.

Calculate the disbursement according to the fee agreement and have the checks prepared. Also schedule the client for an appointment to meet with your boss as soon as he gets back for the disbursement and endorsement of the check.

All of the above are appropriate.