Question
True or false 1. An attorney should show courtesy to the judge, especially in light of the fact that the judge has the power of
True or false
1. An attorney should show courtesy to the judge, especially in light of the fact that the judge has the power of contempt.
2. ABA Rule 8.3 deals with the duty of zealous representation.
3. Those working in the legal field have a duty to work toward remedying problems such as badly drafted statutes or ones that have unintended consequences.
4. The so called "Fink Rules" recognize that the legal professional should not report information that is protected by privilege or is confidential.
5. A legal professional is in a fiduciary relationship with the client.
6. Fee agreements between lawyer and client are negotiable.
7. You are obligated to suppress evidence when it is detrimental to your client's case.
8. A fee agreement may contain a provision limiting the lawyer's liability for professional negligence so long as it is initialed by the client.
9. In house postage meters are not relevant to the discussion of deceit in the law firm.
10. Holding the lawyer responsible for the negligent acts of his or her non-lawyer employees is relatively new
11. ABA Rule 8.3 protects those who report misconduct from a later lawsuit for defamation.
12. Since an attorneyhas a duty tozealously represent his or her client, it is allowable for the legal professional to use the threat of disciplinary action to gain an advantage in his or her case.
13. Competency is based only on the legal knowledge and skill necessary for the representation of the client
14. Retainer fees are deposited into the client trust account until it is earned.
15. At the conclusion of a contingency fee case the client is entitled to an accounting.
16. Lawyers and their employees must not communicate with the court during the pendency of a case even if a copy of the communication is promptly given to opposing counsel
17. Technology has made it easy to create false documents.
18. The rules of professional responsibility in each state are meant to keep the legal profession in a position of power in our society.
19. People in the legal profession have a higher standard to maintain than that of the average citizen.
20. Hourly billing is probably the most widely used in personnal injury defense and every other kind of legal representation.
21. Negligence may include a lawyer not telling a client that he or she refuses to handle the client's case.
22. Good faith is a defense to professional negligence claims, which is typically not found in other negligence cases.
23. All states require contingent fee agreements to be in writing.
24. A lawyer breaches his or her part of the contract by failing to file a claim within the statute of limitations.
25. The overriding consideration in client billing is that the fee must be subjectively fair.
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