Chapter 4 Quiz Ethics for the Legal Professional, 8th Ed.

1) Conflicts of interest primarily involve the duty of:

a) loyalty
b) representation
c) best effort
d) all of the above.


2) A fiduciary is:

a) a person who is responsible for money
b) a person who acts on behalf and in the best interests of another person
c) a person who is like a trustee
d) a person who handles confidential information


3) As a fiduciary, you owe your client:

a) the duties of confidentiality and loyalty
b) the duty of confidentiality only
c) the regular duties owed to any customer
d) as much cooperation as possible


4) A conflict of interest is created by:

a) representing others in court
b) writing letters to clients
c) answering interrogatories
d) the continuing obligation to protect the confidences of past and current clients as well as the duty of loyalty owed to each client


5) The purpose of the conflict of interest rules is:

a) to protect past and present clients from the accidental or purposeful release of confidential information
b) to prevent lawyers from representing people they shouldn't
c) to limit the number of clients any lawyer or law firm can have at one time
d) to eliminate the possibility of UPL


6) An example of "concurrent representation" is:

a) representing both Husband and Wife in a divorce
b) representing Father and Son in their lawsuit against Car Dealer
c) representing Client A in his lawsuit against B several years after B was a client of your law firm
d) representing Defendant D in criminal court several years after D was a client of your law firm in a breach of contract case


7) An example of "sequential representation is:

a) representing both Husband and Wife in a divorce
b) representing Father and Son in their lawsuit against Car Dealer
c) representing Client A in his lawsuit against B several years after B was a client of your law firm
d) representing Defendant D in criminal court several years after D was a client of your law firm in a breach of contract case


8) It is okay to switch loyalties if the previous representation is not "substantially related" to the present one. What is a good test for "substantially related"?

a) how much confidential information the conflict employee actually has
b) how many billable hours the conflict employee has on the conflict case
c) how much confidential information was available to the conflict employee
d) There really is no test. It is completely arbitrary.


9) If a court finds that there is a conflict of interest, some things that may happen are:

a) the conflict employee will be disqualified
b) the entire law firm will be disqualified
c) the firm will be disqualified only if the conflict employee is a lawyer
d) a and b, but probably not c because lawyers and paralegals are treated alike in conflict of interest issues


10) To avoid conflicts:

a) keep track of each client/case/matter you work on
b) keep track of what you did on each case/matter
c) keep detailed written records
d) a, b and c

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