Chapter 4. Ethics

Question 1

Licensing

Answer 1

A governments official act of granting permission to an individual, to do something that would be illegal in the absence of such permission

Question 2

Unauthorized Practice of Law

Answer 2

The performance of actions by a legal authority, as constituting the “practice of law” w/o authorization to do so

Question 3

UPL

Answer 3

Unauthorized Practice of Law

Question 4

Reprimand

Rep-ri-mand

Answer 4

A disciplinary sanction in which an attorney is rebuked for misbehavior.
The mildest sanction for attorney misconduct, it is serious and cause damage to the attorney’s reputation in the legal community

Question 5

Suspension

Answer 5

A serious disciplinary sanction in which an attorney who has violated an ethical rule or a law.

They are prohibited from practicing law in the state for a specified or an indefinite period of time

Question 6

Disbarment

Answer 6

A severe disciplinary sanction in which an attorneys license to practice law the state is revoked because of unethical or illegal conduct

Question 7

Malpractice

Answer 7

Professional misconduct to exercise the part of a professional, such as an attorney or a physician

Doing something illegal professionally.

Negligence

Question 8

Damages

Answer 8

Money awarded as a remedy for a breach of some duty or violation of some right. Such as a tort.

Question 9

Breach

Answer 9

To violate a legal duty by an act or a failure to act

Question 10

Unified bar

Answer 10

Is a mandatory membership bar.

It is an established either by court rule or legislation.

Lawyers must join in order to practice law in that jurisdiction.

Question 11

Tort

Answer 11

Wrongful act

A civic wrong not arising from a breach of contract, violation of a legal duty that causes harm to another

Question 12

Third Party

Answer 12

A person or entity not directly involved in an agreement (such as a contract), legal processing (such as a lawsuit), or relationship (such as an attorney-client relationship).

Question 13

Attorney-Client Privilege

Answer 13

A rule of evidence requiring that confidential communication between a client and his or her attorney be kept confidential, unless the client consents to disclosure

Professional relationship

Question 14

Work product

Answer 14

An attorney’s mental impressions, conclusions, and legal theories regarding a case being prepared on behalf of a client.

Work product normally is regarded as privileged information.

Question 15

Conflict of interest

Answer 15

A situation in which two or more duties or interests come into conflict, as when an attorney attempts to represent opposing parties in a legal dispute

Question 16

Ethical Wall

Answer 16

Procedures used to create a screen around an attorney, a paralegal, or another member of a law firm to shield him or her from information about a case in which there is a conflict of interest

Question 17

Conflicts check

Answer 17

A procedure for determining whether an agreement to represent a potential client will result in a conflict of interest

Question 18

General Licensing

Answer 18

All individuals with a specific profession or group must meet licensing requirements imposed by the state in order to legally practice their profession

Question 19

Self-regulation

Answer 19

Involves establishing ethical or professional standards of behavior with which members of the group must comply

Question 20

Indirect regulation of paralegals

Answer 20

Paralegal conduct is evaluated on the basis of standard and guidelines created by paralegal professional groups.