Chapter 2 Quiz Ethics for the Legal Professional, 8th Ed.

 

1) "UPL" stands for:

a) Understanding Personnel Lawyers
b) Unauthorized Practice of Law
c) Under-paid Paralegals League
d) all of the above.


2) UPL has a three-part definition. 1. The application of a rule of law, 2. to a particular person's fact pattern, and 3.

a) writing it down
b) being sure of your answer
c) giving a response or answer
d) telling the lawyer your answer


3) Laws restricting the practice of law to lawyers exist to protect:

a) lawyers
b) paralegals
c) accountants
d) the public


4) UPL regulations prohibit: 1. giving legal advice; 2. signing legal documents for others; and 3.

a) representing others in court
b) writing letters to clients
c) answering interrogatories
d) all of the above


5) Some activities may look like UPL, but they aren't. An example of this is:

a) self representation
b) completing discovery responses to be reviewed by a lawyer
c) representation of others before administrative agency tribunals
d) a and c but not b


6) The "incidental to" rule is:

a) a rule that says paralegals can practice law if it is within the course and scope of their job
b) an exception that allows paralegals to practice law for elderly people
c) a rule that allows certain professionals (such as realtors) to give some legal advice as part of their job as realtors
d) the federal rule of law that allows courts to use paralegals as law clerks


7) The "conduit theory " is:

a) a rule of law that allows paralegals to practice construction law
b) a federal rule of law that allows states to choose whether or not to allow paralegals to practice law
c) a theory that allows paralegals to pass along to clients legal advice or information given to paralegals by supervising lawyers
d) a theory that allows paralegals to practice law in real estate closings


8) A problem with determining UPL issues when it comes to corporations is:

a) corporations typically pay paralegals more money so they are expected to do more work, such as give legal advice
b) corporations are not "persons" so they cannot use the right of self-representation
c) corporate employees are sometimes exempt from overtime pay
d) the internal workings of corporations are hidden from public scrutiny


9) Lawyers inadvertently aid paralegals in committing UPL when they:

a) don't supervise paralegals properly
b) delegate work to paralegals that constitutes the practice of law
c) split legal fees with paralegals
d) a, b, and c


10) Misrepresentation of your paralegal status is also UPL because:

a) if people believe that you are a lawyer, they will look to you for legal advice
b) lawyers are concerned that there will not be enough work for them if paralegals represent themselves to the public as lawyers
c) misrepresentation of lawyers of their status of lawyers is UPL
d) This is a trick question. Misrepresentation is not UPL

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