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Kaplan University - Adjunct Professor Brian Tippens, J.D. - December 09, 2015 1 Final Review Review Question: Methods by.

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Presentation on theme: "Kaplan University - Adjunct Professor Brian Tippens, J.D. - December 09, 2015 1 Final Review Review Question: Methods by."— Presentation transcript:

1 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 1 Final Review Review Question: Methods by which paralegals may be regulated include: a)licensing, certification, and registration. b)civil penalties for the unauthorized practice of law. c)criminal penalties for the unauthorized practice of law. d)all of the above. e)none of the above.

2 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 2 Final Review Review Question: If you prepare a letter that contains information that might be construed as legal advice, you should: a. Ask another more experienced paralegal who should sign the letter. b. Sign the lawyer’s name. c. Give it to the lawyer for his or her review and signature. d. Sign the lawyer’s name and put your initials after the signature. e. Sign the letter.

3 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 3 Final Review Review Question: If immediate family members (spouse, mother, father, sibling, or child) ask you for legal advice, you should: a. Advise them that you cannot give legal advice and do not give the answer. b. Give the advice, cautioning them that your answer is just your opinion, not advice. c. Give them the answer, but refer them to a lawyer for confirmation of the answer. d. Offer to call a lawyer to get the answer to their question. e. Give the advice because you know that they will never tell anyone that you did.

4 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 4 Final Review Review Question: If you disagree with the decision made by your supervising lawyer and the client asks for your opinion, you should : a)Wink and tell the client your opinion when the lawyer leaves the room. b)Disagree with the lawyer when the client leaves the office. c)Agree with the lawyer while the client is there and call the client afterward. d)Discuss your disagreement with the lawyer privately. e)None of the above.

5 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 5 Final Review Review Question: If a client asks you how his or her case or matter is progressing, you should: a)Respond with your opinion about the chance of winning, stating it is only an opinion based on your years of experience as a paralegal. b)Tell him or her that you do not know because you are only a paralegal. c)Tell him or her that you cannot respond because that would be considered the unauthorized practice of law. d)Tell him or her that you cannot guess because juries are unpredictable. e)Tell the client the procedural steps that have been taken in the case.

6 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 6 Final Review Review Question: A paralegal may appear in court on behalf of the client if: a)That client consents to the appearance. b)The paralegal’s representation is on the paralegal’s own behalf. c)The paralegal’s representation is permitted administratively or statutorily. d)The paralegal identifies himself or herself as the lawyer. e)None of the above.

7 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 7 Final Review Review Questions: Advertising for lawyers : a)is illegal in most states. b)is illegal unless permission is obtained from the state bar in advance. c)was illegal before Bates & O’Steen v. Arizona. d)is a right protected by the First Amendment. e)both c and d above.

8 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 8 Final Review Review Questions: Lawyer solicitation of clients a)may be permitted when the motivation is informing the public of their rights. b)is not permitted when the motivation is profit. c)is typically in person and pressure driven. d)may be targeted at a particularly vulnerable person or group. e)all of the above.

9 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 9 Final Review Review Questions: Direct mail advertising: a)is used to contact people whose homes are facing foreclosure. b)is illegal in most states. c)can be viewed as a good way of informing the public of legal rights. d)is usually determined to be improper solicitation. e)is an old-fashioned way to contact prospective problems but is seldom used modernly.

10 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 10 Final Review Review Questions: Paralegals: a)may advertise their services to lawyers and law firms. b)may be listed with other legal professionals in the Martindale Hubbell directory. c)may not use solicitation in all situations when lawyers may not. d)should not offer legal services to clients. e)All of the above are true statements.

11 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 11 Final Review Review Questions: Contingent fees, value billing, and hourly billing are : a)methods of charging clients for legal services. b)methods for law firms to ensure equal profit sharing among partners. c)requirements for attorneys to perform legal services for corporations. d)billing increments that justify time spent by attorneys and paralegals. e)methods by which the law firm accountant will bill the law firm.

12 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 12 Final Review Review Questions: A client’s file may be held by a lawyer who is owed money by that client until a)The lawyer receives his or her money. b)The lawyer gets paid but only if allowed by the attorney/client agreement. c)The client signs a promissory note to the attorney. d)The state supreme court’s fee arbitration committee decides otherwise. e)This is typically not allowed. The client’s file belongs to the client and cannot be held.

13 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 13 Final Review Review Questions: If compensation for paralegal time is sought by a lawyer, the application to the courts for fees should include: a)a detailed statement of the time spent and legally substantive tasks performed by the paralegal. b)the paralegal’s resume showing past work experience. c)a statement showing the paralegal’s education and training to perform the paralegal work. d)the market rate for paralegal services in that practice area and geographical location. e)all of the above.

14 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 14 Final Review Review Questions: All timekeeping and billing records prepared and maintained by paralegals must be : a)thorough. b)accurate. c)honest. d)prepared contemporaneously with the work. e)all of the above.

15 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 15 Final Review Review Questions: “Contingency fee” means a)The lawyer gets paid regardless of the outcome of the case. b)The lawyer gets paid on an hourly basis if the case is won. c)The law firm’s recovery of legal fees is contingent upon the outcome of the case. d)The law firm will probably not get paid. e)The law firm’s costs must be paid by the client, but the legal fees will be a percentage of the money that the client wins or is entitled to by settlement.

16 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 16 Final Review Review Questions: “Hourly rate” fee agreements are a)illegal in most states. b)common but unethical. c)common in plaintiff’s personal injury work. d)common in divorce cases. e)common in criminal prosecutions.

17 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 17 Final Review Review Questions: Fee agreements with clients a)should not be negotiated by paralegals. b)should be in writing. c)should be fully explained to the client. d)should be fair and reasonable. e)all of the above.

18 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 18 Units 9 - 10 Unit Nine discusses the Duty of Zealous Representation. This unit will help you understand the attorney’s duty to represent his client zealously and the paralegal’s concomitant duty to do the same. You will learn the importance of avoiding deliberate and accidental deceit during the discovery process and proper ways to talk to jurors and to the press during litigation. Assignments: Read about the attorney’s duty to represent his client zealously, yet without crossing the boundaries of the law by committing unethical practices.: Chapter 8-Ethics for the Legal Professional Practice by using the web links in this unit (graded) Discuss what you have learned (graded) Meet at the weekly seminar to further explore the concepts in this unit (graded) Take the Final Exam by the end of this unit (graded)

19 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 19 Units 9 - 10 Unit Ten - Reflective Summary Throughout this course, you have learned about the various facets of Legal Ethics. This last unit gives you a chance to reflect on what you have learned and gauge how this course has helped you

20 Kaplan University - Adjunct Professor Brian Tippens, J.D. - btippens@kaplan.eduWednesday, December 09, 2015 20 Adjourn Have a great week… “See” you on the Discussion Boards


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