LSTD 210 Week 8 Final Exam Answers

LSTD 210 Week 8 Final Exam Answers

LSTD 210 Final Exam
Part 1 of 1 – 93.0/ 100.0 Points
Question 1 of 25 2.5/ 2.5 Points

When Paralegal Jenny goes to the local courthouse, she can retrieve a list of upcoming home foreclosures. What can Jenny do with this information?
A.Her employing law firm can send a direct mail advertising to the people on the list, providing information about the law firm and its services.
B.Jenny has to wait 30 days after the posting but can contact the people on the list after that time.
C.Her employing law firm can call the people on the list and offer to represent them.
D.Jenny can go door-to-door and talk to the people on the list about her law firm and what they can do to help.
Question 2 of 25 2.5/ 2.5 Points

After working on the defense side of asbestos litigation for many years, Paralegal Kawika decides he wants to work for a small firm and branch out away from asbestos into real estate or family law. Kawikasends out some resumes and gets a call from a law firm that does primarily real estate and family law but does represent some asbestos plaintiffs. Kawika should
A.interview with this firm but bring a list of his current clients with him so they can check for conflicts.
B.interview with this firm and accept an offer from them only after getting a written waiver of the conflict from his current employer
C.not bother to interview with this firm because the conflict of interest is obvious and no asbestos plaintiffs lawyer would hire him.
D.interview with this firm and accept an offer from them only after getting a written waiver of any potential conflicts from the new employer
Question 3 of 25 2.5/ 2.5 Points

Paralegal Bryce prefers freelance work. In order to get clients, Bryce may
A.advertise his services in any publication.
B.advertise his services in publications that target lawyers and law firms.
C.not advertise because it is illegal for paralegals to advertise.
D.not advertise in publications but he can call law firms and ask for employment.
Question 4 of 25 2.5/ 2.5 Points

Lara Lawyer’s standard advertising says: “Contingency fee arrangements available in personal injury cases. No Recovery, No Fee!” This ad is
A.misleading and deceptive if clients are held responsible for paying costs even if they lose.
B.not permissible because it is illegal for lawyers to advertise fees.
C.perfectly fine and a fairly typical ad.
D. misleading and deceptive only if clients are held responsible for paying costs when they lose.
Question 5 of 25 2.5/ 2.5 Points

Patty Paralegal’s job requires her to call all 250 of the firm’s corporate clients twice each year and give them some information. Most of these telephone calls take less than 2 minutes, especially if she can just leave a voicemail. The smallest billable amount at Patty’s law firm is .1 or 6 minutes. If Patty makes 30 phone calls per hour, but bills them at 6 minutes, Patty’s one hour becomes 3 hours. Therefore, at the end of an 8 hour day, Patty can bill 24 hours! Patty should
A.ask her supervising lawyer for permission to not bill clients for this service but ensure that the time she spends at this task is added to her annual cumulative billable hours.
B.bill each call at a full hour because no one is going to know.
C.ask her supervising lawyer for permission to just not bill clients for this service.
D. bill each call at 2 minutes and let the accounting department deal with it.
Question 6 of 25 2.5/ 2.5 Points

Rhonda Lawyer has agreed to take on the criminal defense case of the famous rap star: Bent Nikel. Bent has been arrested for the murder of his 3rd wife. As part of the fee agreement, Rhonda, a budding writer, wants to secure the literary rights to the entire story. Bent has no objections to this agreement. As Rhonda’s trusty paralegal, you should
A.advise Rhonda that you would like to help her with her book.
B.advise Rhonda that she should make Bent pay her for writing his life story.
C.advise Rhonda privately that this agreement is probably a violation of her ethical duties.
D.advise Rhonda that Bent can give her the literary rights
Question 7 of 25 2.5/ 2.5 Points

Laura Lawyer ‘s client Curtis brought a check for $2000 to Laura as an advance payment retainer. Laura instructs you to include the payment in Curtis’s fee agreement and put this money in the firm’s General Operating Account. You
A.should put this money in the trust account so that it can be drawn against as the firm incurs costs and fees on behalf of Curtis.
B.should put this money in the trust account because it belongs to the client until it is earned.
C.can do this because an advance payment retainer is considered earned when Laura receives it. No part of the money belongs to the client so it does not have to be put in the Trust Account.
D.should deposit this check but make no note of it in the fee agreement because it is not proper to make this sort of note in a fee agreement.
Question 8 of 25 2.5/ 2.5 Points

Maggie Rudin was accused of murdering her millionaire 4th husband. Because she was denied access to her husband’s money, Rudin needed a pro bono lawyer. Attorney Amador agreed to take the case pro bono in exchange for the right to turn her story into a movie script. Rudin agreed. Each time Rudin met with Amador, Amador made sure the t.v. news media was there so that the public would get a picture of her as the wrongly accused grieving widow. Amador did not interview witnesses, but had all of the documents copied and placed into trial notebooks. Before trial, Amador took a month-long vacation and left Rudin’s case with the public defender assisting on the case. Which of the following can be said of Amador?
A.Amador was negligent in the preparation of Rudin’s defense only if she is convicted.
B.Amador was not negligent because everyone prepares for trial differently.
C.Amador was negligent in the preparation of Rudin’s defense if his action/inaction fell below the standard of care of the reasonable lawyer under the circumstances
D.Amador was not negligent because he was part of a defense team and the rest of the team had an equal obligation to prepare for trial.
Question 9 of 25 2.5/ 2.5 Points

Attorney Brite represented Martin in a personal injury case for injuries that she received when a kitchen cabinet in her apartment fell on her. The complaint that Brite filed on Martin’s behalf named many defendants, including various subcontractors and others, some of whom later provided evidence that they should not have been named as defendants.

Several of the defendants named in the complaint filed motions for summary judgment. Brite delegated responsibility for opposing those motions to a new associate in his office, Gresby. Gresby had minimal legal experience and never opposed a motion for summary judgment. Brite was aware of Gresby’s inexperience, but he assigned the matter to Gresby nonetheless.

To respond to the summary judgment motions, Gresby needed to submit documents or affidavits on Martin’s behalf that would show the court that there was a genuine issue of material fact requiring a trial. Rather than doing so, Gresby opposed the motions orally, relying solely on legal arguments. The trial court granted the defense motions. Brite
A.
will not be found to be incompetent unless Martin loses her case.
B.should be found to be negligent for improper delegation and supervision AND filing a complaint against defendants without first doing enough background on the case to determine the proper defendants
C.should be found to be negligent for improper delegation and supervision of his associate.
D.will not be found to be incompetent because it was Gresby who w