Practice Quiz

Paralegal PCCE CORE Test Prep - Question List

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46. A lawyer and her paralegal met with a client to discuss the client’s estate plan. After the meeting, but before the client left, the lawyer, the paralegal, and the client began discussing the prospects for the Chicago Cubs in the upcoming baseball season. A week later, the client’s daughter called the paralegal and began asking questions about the meeting with the client. The daughter wanted to know the client’s plan for distributing his estate. The paralegal explained that he could not disclose anything related to the representation of the client. The daughter then asked, “Well, is there anything you can tell me about what you discussed with Dad.” The paralegal responded, “Yes, we discussed the prospects for the Cubs this season.” Did the paralegal violate the confidentiality rules?
  1. Yes, because the confidentiality rule prohibits disclosure of all information related to the representation of a client, unless authorized or an exception applies.
  2. Yes, if the client and the daughter had an adverse relationship and the client planned to disown the daughter.
  3. No, because the prospects of the baseball team were not related to the representation of the client.
  4. No, because the client and the daughter were related and the daughter had a reasonable expectation of inheriting under the client’s estate.
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47. A deponent is to a deposition as a(n) ________ is to a(n) _________.
  1. assignor : assignee
  2. testator : testatrix
  3. insurer : insured
  4. affiant : affidavit
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48. A personal injury attorney was handling a negligence claim. The insurance company offered to settle, and the client accepted the settlement offer. Once the settlement agreement was finalized, the insurance company delivered a check for the amount of the settlement to the lawyer’s office. The lawyer was in a hurry to leave for a continuing legal education seminar and put the check in a drawer in his desk. The attorney’s bookkeeper knew the check was in the desk drawer. She took the check, endorsed it over to herself, and forged the attorney’s signature. She then cashed the check and skipped town, never to be seen again. Is the attorney subject to discipline under the Model Rules of Professional Conduct?
  1. Yes, because attorneys are responsible for an employee’s criminal wrongdoing.
  2. Yes, because the funds belong to the client, and the attorney did not safeguard the check.
  3. No, because, under the circumstances, the attorney took reasonable steps to safeguard the check.
  4. No, because an employer is not responsible for an employee’s criminal wrongdoing.
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49. Carla is a paralegal who has worked for the Costanza Law Firm for four months. Previously, Carla had worked at the Kramer Law Firm for seven years. While working for the Kramer Law Firm, Carla was heavily involved in many aspects of a case captioned Seinfeld v. Newman, in which the Kramer Law Firm represented Mr. Seinfeld. Yesterday, Mr. Newman met with George Costanza about hiring the Costanza Law Firm to replace his current attorneys. Jill is working in the transactional department at Costanza Law Firm and has no connection with the litigation department. If Jill is screened from and does not work on Mr. Newman’s case, can the Costanza Law Firm accept the representation of Mr. Newman?
  1. No, because Carla’s prior work at the Kramer Law Firm representing Mr. Seinfeld is imputed to all attorneys at the Costanza Law Firm.
  2. No, unless the Costanza Law Firm obtains a written waiver from Mr. Seinfeld.
  3. Yes, because the prohibition on imputed conflicts of interest does not apply if the person with the conflict is a nonlawyer.
  4. Yes, but only if Mr. Newman signs a written waiver of the imputed conflict of interest.
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50.

Which of the following is correctly phrased?

  1. "The defendant was libel for actual and punitive damages"
  2. "The defendant was liable for actual and punitive damages"
  3. Both of the above
  4. None of the above
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