You live in the State of Mesaro. According to Mesaro state law, lay people may represent claimants before the Workers' Compensation Appeals Board. This Board hears appeals from people who have been denied workers' compensation after being injured on the job. Johanna leased space in an office building and put a sign on the door Johanna Ritter -- Workers' Compensation Appeals Representative. This sign is
A) misrepresentation if any member of the public mistakes Johanna for a lawyer
B) not misrepresentation so long as Johanna did not mean to misrepresent her status
C) misrepresentation plain and simple.
D) not misrepresentation so long as Mesaro state law does not include specific verbage that Johanna must use and so long as the language is not otherwise confusing to the public
Q. #2Attorney Arken does not handle family law matters so when one of his clients (Mrs. Gold) asks for an attorney to handle her divorce, Arken recommended Sandy Lawyer, a fellow Arken new in high school. Sandy is a terrific guy and Mrs. Gold liked him enormously. Sandy, however, enjoys surfing more than working and, as a result, completely bungled Mrs. Gold's divorce causing her to lose her rights to much of her husband's wealth. Mrs. Gold filed a complaint against Arken for negligent referral. The likely outcome of this complaint is
A) that it will go to trial and the outcome will depend upon exactly what Arken told Mrs. Gold about Sandy's competence.
B) that it will be dismissed before trial because there is no cause of action that makes Arken a guaranty of Sandy's competence.
C) that it will go to trial and the outcome will depend upon Mrs. Gold's proof that Arken's recommendation was the actual and proximate cause of her harm.
D) that it will go to trial and the outcome will depend on the amount of harm Mrs. Gold suffered from Sandy's incompetence.
Q. #3For workers' compensation claim processing, how long does the acceptance, denial, or delay phase take?
A) 10 days
B) 14 days
C) 20 days
D) 25 days
Q. #4Which of the following is not a consideration during a workers' compensation investigation?
A) Preservation of the scene
B) Determining the extent of injuries
C) Documentation of witness and supervisor statements
D) Which party was at fault
Q. #5Hubert Lawyer has received a 10,000 security retainer from Cindy Client. Hubert gives you the money and tells you to deposit it.
A) should open a special savings account for this client's money so that the money earns interest.
B) should deposit the 10,000 in the general operating account because the money belongs to Hubert.
C) should deposit the 10,000 in the client trust account to draw against for future legal fees.
D) should deposit 9000 in the client trust account and 1000 in the firm's general operating account so that the initial costs of the case (filing fees, etc.) may be paid.
Q. #6What is a no-fault system?
A) Where fault of injuries sustained by an employee has no bearing on compensating the injured party
B) Where fault of injuries sustained by an employee has bearing on compensating the injured party
C) Where fault of injuries sustained by an employee is used to determine the amount of the compensation
D) None of the above
Q. #7Patty 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.
Q. #8Juno's case has just been settled and she received a check from her lawyer in the amount of 54,356.97. Juno wonders where that peculiar number came from because the case was settled for 100,000. Juno
A) should ask the judge why she didn't get the full amount.
B) should ask the lawyer for an explanation of the amount over the phone.
C) should take it for granted that whatever sum she has gotten is correct because lawyers are bound to deal ethically with their clients.
D) should ask the lawyer for an accounting of her case that sets forth all of the expenses and deductions from the 100,000 recovery. She is entitled to an accounting.
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