While at the district attorney's office, Paralegal Fritz worked on the prosecution of thousands of cases. Fritz feels trapped in that job. Even though he would like to move into the defense side for a law firm where he could find higher salaries, he's staying put because he knows that he would raise conflict issues at all of the local firms. As Fritz's friend, you
A) advise him to take his case list with him to interviews so he can discuss what he knows about various cases and determine potential conflicts during his interviews.
B) advise him to stay put at the D.A.'s office because the conflict problem cannot be solved and the benefits are better where he is anyway.
C) advise him to talk to some larger firms and discuss building ethical walls for cases that potentially create conflicts.
D) advise him to take a job wherever he pleases because conflict of interest rules do not apply to paralegals.
Q. #2Client Morrie confessed to Paralegal Beverly that he lied on an answer to interrogatories. Beverly reported the lie to her supervising attorney and wrote a memorandum to the file about it, as well. When Morrie later sues Beverly's law firm for malpractice, the firm
A) cannot use the information that Morrie lied in the malpractice case because it is attorney/client privileged information.
B) can use the information only if it is relevant to the defense of the malpractice claim.
C) cannot use the information that Morrie lied against him because it is confidential.
D) can use the information without regard to its confidential nature because the malpractice action makes Morrie adverse to the law firm.
Q. #3Paralegal Johnston is flying out of town to attend a deposition on the Big Container case. He's taking his laptop with him along with several CDs that contain the firm's files on the case. Which of the following is true?
A) Johnston should not review the files on his laptop while on the plane if passengers near him can see the files.
B) Johnston should not take the files out of the office because the danger that he could lose them or they could be stolen is too great.
C) Johnson is fine reviewing the files on his laptop so long as he checks the passengers in the seats around him to be sure none of them are associated with the case.
D) Johnston is fine reviewing the files on his laptop because no one around him will care about the case.
Q. #4Massachusetts was the first state to enact employee safety and health legislation.
Indicate whether the statement is true or false
Q. #5Paralegal Beverly was sitting with Client Morrie, reading through Morrie's interrogatory answers from last year in preparation for Morrie's upcoming deposition. After reading one particular interrogatory response, Morrie declared: OMG, Beverly I can't believe we wrote that answer That's completely wrong and then, mumbling to himself, Morrie said, or maybe that was the lie I decided would be better than telling the truth. Hmmm. When Beverly asks you what you make of that conversation with Morrie, you
A) tell her that it is not protected by any privilege because it is potentially a confession to a crime.
B) tell her that Morrie's words are completely covered by the attorney/client privilege so she will never have to repeat it to anyone outside of the office, but she should report the potential perjury to a supervising attorney.
C) tell her that it is not a protected communication because she is not an attorney.
D) tell her that it is protected confidential information so she cannot be called upon to testify about it.
Q. #6The Occupational Safety and Health Act applies to which level of government?
A) Federal
B) State
C) Federal and state
D) Local
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