Connie Paralegal is divorcing her husband. She hired a lawyer but has decided that she does not want to pay for a lawyer. She fires the lawyer and makes a court appearance by herself against her husband's lawyer. Connie
A) has committed UPL because she must have a lawyer represent her.
B) has not committed UPL because she has the right to represent herself.
C) has committed UPL because paralegals cannot make appearances in court.
D) has committed UPL but will not get in trouble for it unless the lawyer complains.
Q. #2Lauren Lawyer's best friend has become Lauren's client. While discussing the terms of the engagement, Best Friend says: Oh, Lauren You and I are such good friends, we don't need a contract. You'll do the work and I'll pay whatever bills you send me. Lauren should
A) urge Best Friend to get the opinion of another lawyer before moving forward without a contract.
B) explain that a written contract is not only standard in relationships between lawyer and client, but are mandatory in most instances.
C) give Best Friend a hug and skip the contract.
D) make a note in the file that Best Friend has waived the written contract requirement.
Q. #3Citation, fines and ________ can be issued by OSHA for workplace hazards.
Fill in the blank(s) with correct word
Q. #4Paralegal Hiram has referred several clients to his law firm that have brought a great deal of legal fees to the firm. Hiram thinks it is only fair that he receive a portion of what he brings into the firm. What can Hiram suggest to his employing law firm?
A) He can suggest a flat amount (like 2000 ) for each paying client he refers to the firm.
B) He can suggest that the firm take his referrals into consideration when determining his year-end bonus.
C) He cannot suggest anything along these lines because to do so would be improper.
D) He can suggest a percentage of the amount of paid fees.
Q. #5After a factory explosion in an urban area, Laura Lawyer wants to offer her legal services to the victims and their families. Laura
A) can contact the victims/families immediately because the moratorium only applies to natural disasters, not man-made disasters.
B) should not contact the victims or families under any circumstances because to do so would be improper solicitation.
C) should write to the victims and their families, but should not contact them in person during the 30-day moratorium.
D) should not try to contact victims or their families for 30 days because the explosion is a mass disaster and her state's 30-day moratorium applies.
Q. #6Andrew Paralegal works for Madeline Attorney, a very busy woman. Sometimes when Andrew needs to have his work supervised, Madeline is too busy. Andrew is pretty self-sufficient, so he just deals with it, covering up for the fact that Madeline does not review his work. Andrew
A) is only guilty of UPL if Madeline is aware that he needs to have his work supervised.
B) is only guilty of UPL if Madeline is not aware that he needs to have his work supervised.
C) cannot be guilty of UPL so long as he is working for a law firm. UPL is for people who do not work for lawyers.
D) is probably guilty of UPL because his work is not being supervised. He is essentially practicing law if Madeline does not review his work.
Q. #7While standing at a bus stop, Paralegal Frank overhears a woman telling her friend that she has to take the bus now because she had an accident with her car and the insurance company is dragging its feet. She remarks that it has been several months and she still has not gotten any money so she can replace or repair her car. Frank says: Excuse me. I couldn't help over hearing your conversation. You probably need a lawyer to help you. Here's my business card. Call the main number and you'll be referred to a lawyer who can help you. The woman thanks him politely. Frank
A) is not guilty of solicitation because, as a paralegal, he will not benefit financially even if she does use his law firm.
B) is guilty of solicitation because he made an in-person contact with a person he does not know and induced her to use the services of his law firm, most likely for profit.
C) is not guilty of solicitation because it was obvious that the woman needed help and she was grateful for his help.
D) is not guilty of solicitation because she has the choice to call or not and Frank did not use any undue influence or pressure.
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