Chapter 5: Access to Justice and Legal Ethics

Test Bank

Multiple Choice

1. The appropriate sanction for a lawyer who is battling with alcoholism would be ______.

A. disbarment

B. probation

C. suspension

D. reprimand

2. Identify which of the following published “Justice and the Poor” in 1919.

A. New York Legal Aid Society

B. Boston Legal Aid Society

C. New York Bar Association

D. American Bar Association

3. Identify which one of the following ABA Model Rules of Professional Conduct covers responsibilities toward partners, associates, and paralegals.

A. lawyer–client relationship

B. lawyer as a counselor

C. relations with persons other than the client

D. law firms and associations

4. A lawyer engaging in this practice is using the law to advance a social movement ______.

A. corporate work

B. self-representation

C. pro bono work

D. cause lawyering

5. The prohibition from practicing law for a limited period of time is called ______.

A. reprimand

B. suspension

C. restitution

D. probation

6. Identify the only state to make all complaints against lawyers public.

A. Iowa

B. Oregon

C. Wisconsin

D. Michigan

7. Identify which of the following ABA rules of professional conduct obligates a lawyer to avoid litigating claims that lack merit.

A. lawyer as an advocate

B. lawyer–client relationship

C. lawyer as a counselor

D. relations with persons other than the client

8. Which president placed the legal services of the poor under the control of the Legal Services Corporation (LSC)?

A. Lincoln

B. Roosevelt

C. Nixon

D. Obama

9. Identify in what year the ABA (American Bar Association) passed the resolution encouraging the assistance of the “worthy poor.”

A. 1890

B. 1917

C. 1919

D. 1920

10. A judge can NOT hold lawyers in contempt of court for which selection below?

A. for destroying evidence

B. for concealing evidence

C. objecting to another lawyer

D. for none of the above

11. Identify which of the following states continues to offer a diploma privilege.

A. Michigan

B. Wisconsin

C. Oregon

D. New York

12. Most common legal needs ______.

A. are related to non-violent crimes

B. are related to personal finances and housing

C. are related to divorce

D. are related to violent crimes

13. Identify which one of the following ABA Model Rules of Professional Conduct covers fees for legal representation.

A. lawyer as an advocate

B. lawyer–client relationship

C. lawyer as a counselor

D. information regarding legal services

14. Legal education in Europe is characterized by ______.

A. Socratic method

B. lecture method

C. being an undergraduate degree

D. both B and C

15. Convicted felons ______.

A. have difficulty gaining admission to the bar

B. have difficulty gaining admission to law school

C. are not allowed admission to the bar

D. are not allowed admission to law school

16. This philosopher criticized their “small and unrighteous souls” while the great Roman Seneca noted that lawyers act as instruments of injustice who are “smothered by their prosperity.”

A. Aristotle

B. Plato

C. Socrates

D. Hippocrates

17. In this sort of action, a letter is sent to the lawyer noting minor misconduct. These matters can be disposed of without a formal hearing if the lawyer agrees to accept responsibility.

A. probation

B. suspension

C. restitution

D. reprimand

18. Identify which one of the following ABA Model Rules of Professional Conduct covers the obligation to offer objective and disinterested advice to a client.

A. relations with persons other than client

B. lawyer–client relationship

C. the lawyer as a counselor

D. law firms and associations

19. The appropriate sanction for a lawyer who steals money from his client would be ______.

A. reprimand

B. disbarment

C. probation

D. suspension

20. Identify approximately how many complaints against lawyers are dismissed per year.

A. 10%

B. 25%

C. 50%

D. 90%

21. Current ABA Rules of Professional Conduct ______.

A. recommends a goal of 50 hr of pro bono work per year

B. requires a goal of 50 hr of pro bono work per year

C. holds no recommendations on pro bono work for lawyers

D. recommends a goal of 100 hr of pro bono work per year

22. Discipline of lawyers in the 19th century was left for ______.

A. judges

B. other lawyers

C. the federal government

D. the bar association

23. Being allowed to practice law while undergoing rehabilitation for a problem is called ______.

A. probation

B. reprimand

C. suspension

D. restitution

24. Identify which one of the following ABA Model Rules of Professional Conduct covers procedures for practicing in jurisdictions where a lawyer is not admitted to practice.

A. lawyer as an advocate

B. law firms and associations

C. lawyer as a counselor

D. public service

25. Identify which one of the following ABA Model Rules of Professional Conduct covers pro bono services.

A. public services

B. information regarding legal services

C. integrity of the profession

D. lawyer–client relationship

26. Identify which one of the following ABA Model Rules of Professional Conduct covers the responsibility of prosecutors.

A. lawyer as an advocate

B. lawyer as a counselor

C. lawyer–client relationship

D. integrity of the profession

27. Candidates with the following have difficulty gaining admission to the Bar.

A. misdemeanor

B. both

C. neither

D. felony

28. The LSAT is used to measure ______.

A. whether an individual can practice law

B. whether an individual can develop into a skilled attorney after three years of study

C. whether an individual can finish law school

D. whether an individual can pass the bar

29. The New York Legal Aid society that provided legal needs for the poor of every background was founded in ______.

A. 1880

B. 1890

C. 1980

D. 1990

30. In order to practice law in the United States, a person DOES NOT need to ______.

A. graduate from an ABA accredited law school

B. pass the bar exam

C. have a PhD

D. none of the above

31. Identify approximately how many American Bar Association accredited law schools are in the United States.

A. 100

B. 200

C. 300

D. 400

32. The permanent prohibition on the ability to practice law is called ______.

A. suspension

B. restitution

C. disbarment

D. reprimand

33. Identify which one of the following ABA Model Rules of Professional Conduct covers the obligation to accept court appointments to represent indigents.

A. integrity of the profession

B. public service

C. information regarding legal services

D. lawyer–client relationship

34. Identify which one of the following ABA Model Rules of Professional Conduct covers disciplinary proceedings and misconduct.

A. public services

B. information regarding legal services

C. public services

D. the integrity of the profession

35. Which of the following ABA rules of professional conduct DOES NOT obligate a lawyer to avoid litigating claims that lack merit?

A. lawyer as an advocate

B. lawyer–client relationship

C. lawyer as a judge

D. relations with persons other than the client

1. Padding charges is the exaggeration of time spent working on a case.

2. There are 50 hr of recommended Pro Bono work for practicing lawyers.

3. The Continuing legal education requirement for lawyers consists of 50 hr a year of ethics training.

4. Most lawyers charge per hour.

5. Virginia is the only state that makes complaints against lawyers public.

6. GRE is used to measure whether an individual can develop into a skilled attorney after 3 years of study.

7. Michigan is the only state that allows you to practice law if you graduate from a law school within the state.

8. In France law school requires a master’s degree.

9. Federal courts have their own licensing system.

10. During the 18th and 19th century, a legal career was open to anyone who was able to get an apprenticeship.

11. President Eisenhower placed legal services under the control of the Legal Services Corporation (LSC).

12. Pro se representation is also known as self-representation.

13. In France, those aspiring to be judges have to spend 3 years probationary service at a lower court in order to be eligible for a permanent position after passing the second state exam.

14. Lawyers engage in cause lawyering when they use the law to advance a social movement or policy they believe is in the public interest.

1. Summarize the history of prohibition on lawyers for advertising.

2. Explain and discuss contingent fees and be sure to identify what type of cases are most related to this.

3. Define cause lawyering and explain the most common reason for it.

4. Define and explain group legal services plans.

5. Define Pro Bono, and explain the rationale behind it.