QUESTIONS FOR REVIEW
QUESTIONS FOR REVIEW
For the following questions, please use LIRN or Westlaw, (Contact Student Services if you need it)
Answer the following questions incorporating no less than three credible sources and citing the answer in APA format. This section’s answers should be no less than 700 words in total.
1. List and define the basic organizational structures of law firms discussed in the chapter. What is
personal liability?
2. What is the difference between an associate and a partner? Are there attorneys in other roles in law
firms? If so, what are their roles? Who handles the administrative tasks of a law firm? Who
supervises the work performed by paralegals?
3. What kinds of files do law firms maintain? What general procedures are typically followed in regard
to client files?
4. List and define the different ways law firms build their client base. What ethical obligations do
attorneys have with respect to legal fees?
5. How do lawyers and legal assistants keep track of their time? What is the difference between billable
and nonbillable hours? What is a client trust account?
6. Why is the legal profession regulated? Who are the regulators? How is regulation accomplished?
7. How is the paralegal profession regulated by attorney ethical codes? How is it regulated by paralegal
codes of ethics?
8. What does the duty of competence involve? How can violations of the duty of competence be
avoided?
9 That is the duty of confidentiality? What is the attorney-client privilege? What is the relationship
between confidentiality and the attorney-client privilege? What are some potential consequences of
violating the confidentiality rule?
.
10. How is the practice of law defined? What is the unauthorized practice of law (UPL)? How might
paralegals violate state statutes prohibiting UPL? What types of tasks can legally be performed by
paralegals?
For ethics questions, please use LIRN or Westlaw to the extent that you can. The response should be a minimum of 250 words, and all citations should be in APA format. There should be at least one, if not more, citations.
ETHICS QUESTIONS
1. Sam Martin, an attorney, receives a settlement check for a client’s case. It is made out jointly to Sam
and his client. Sam endorses the check and instructs his paralegal to deposit it into his law firm’s bank
account, instead of the client’s trust account, because he wants to take out his fee before he gives the
client his portion of the money. Can Sam do this? Why or why not? What should Sam’s paralegal do?
2. James Johnson is a sole practitioner. His office is about an hour’s drive from the federal district court
in which he files many of his lawsuits. He used to talk on his cell phone to clients as he traveled the
two hours to and from the courthouse. He would then bill the client on whose behalf he was going to
the courthouse for two hours and the clients with whom he talked on the phone for increments of the
same two hours. When the American Bar Association issued its rule prohibiting double billing, he
was concerned that the rule would drive him out of business due to the drop in income. Is what
Johnson is doing ethical? Why or why not?
3. Norma Sollers works as a paralegal for a small law firm. She is a trusted, experienced employee who
has worked for the firm for twelve years. One morning, Linda Lowenstein, one of the attorneys, calls
from her home and asks Norma to sign Linda’s name to a document that must be filed with the court
that day. Norma had just prepared the final draft of the document and had placed it on Linda’s desk
for her review and signature. Linda explains to Norma that because her child is sick, she does not
want to leave home to come into the office. Norma knows that she should not sign Linda’s name—
only the client’s attorney can sign the document. She mentions this to Linda, but Linda says, “Don’t
worry. No one will ever know that you signed it instead of me.” How should Norma handle this
situation?
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