QUESTIONS AND SOLUTIONS 100% CORRECT
◉ LPP Christopher is a member of a firm comprised of lawyers and
LPPs. Sophia goes to Christopher and says "I have to file bankruptcy
because my house went into foreclosure. Where should I start?"
Christopher replies "If you pick out the form and fill it out, I will type it
for you for $25.00. But you don't have to have it typed. You can just buy
the form for $5.00, fill it out in pen and file it yourself." Christopher:
Answer: Has not yet committed UPL in this hypothetical.
◉ During an interview with Client Xavier, LPP Joshua learns that
Xavier played on the Olympic team for Spain in 1992 when that team
won the silver medal. Joshua, an avid soccer fan, immediately calls his
dad to share this information. Joshua: Answer: Has divulged client
confidential information by identifying Xavier as a client.
◉ LPP Christopher is a member of a firm comprised of lawyers and
LPPs. Sophia goes to Christopher and says "I have to file bankruptcy
because my house went into foreclosure. Where should I start?"
Christopher takes Sophia to a wall filled with clear boxes of forms and
says "Pick the form that you want to use." When Sophia starts to pull the
Chapter 11 form out of the box, Christopher shakes his head very
slightly. Sophia puts the form back. Then she reaches for the Chapter 7
form and glances sideways at Christopher. He smiles. Christopher:
,Answer: Committed UPL when he indicated to Sophia that she should
not use the Chapter 11 form.
◉ LPP Patty's job requires her to call all 250 of the firm's 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: Answer: Ask her supervising LPP 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.
◉ LPP Paula's mother called her with the following statement: "I'm
considering writing a holographic will." Paula responded: "Mom, don't
do that. Holographic wills are often disregarded by the courts due to
technical errors." Paula's response: Answer: Is UPL because she
applied her knowledge of the law to her mother's statement and gave her
mother a response.
◉ Juno's case has just been settled and she received a check from her
LPP in the amount of $54,356.97. Juno wonders where that peculiar
number came from because the case was settled for $100,000. Juno:
Answer: Should ask the LPP 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.
, ◉ LPP Sam has just completed the legal case of his life being part of the
team that represented Mrs. Rich in her divorce from Mr. Rich. Now that
the case is closed, Sam is looking forward to telling his wife all about it.
Sam: Answer: Cannot ever tell his wife about the case as he is required
to keep his client's confidences forever.
◉ While researching background information on a client, LPP Hudson
discovers that the client was once investigated by the state for improper
campaign contributions to Congressman X's political campaign
committee. As Hudson's roommate is a big fan of Congressman X,
Hudson texts his roommate: "You will never believe what I found out
about Congressman X." Hudson: Answer: Has not yet violated his duty
of confidentiality to his client but will if he tells his roommate about
what he found out during the background check.
◉ LPP Apolonia's father owns a golf and tennis pro shop at a local golf
club. Apolonia's law firm typically gets expensive sports-types gifts
wholesale (through Apolonia's dad) and gives them to the local court
personnel at Christmas. This practice: Answer: Is not a good idea
because seeking to influence court personnel by giving them gifts is a
violation of the Rules of Professional Conduct.
◉ LPP Amy, who is unemployed, offers the following during her
interview with a family law LPP firm: "I know a lot of people who need
divorce help right now. I could probably bring in 10 clients just by
networking my friends." Amy: Answer: Has just offered to solicit
clients for this law firm. She probably needs a refresher course in ethics.