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Pcc exam

paralegal pcc exam

QuestionAnswer
Is Registration required? NO, it is voluntary.
Registration Does not have an education requirement and simply involves joining a registry of names.
What is the name of codes of ethics for lawyers? Canons
What are the two most distinct categories: 1. ethics as they pertain specifically to the legal profession 2. ethics as ther are appllied to business and social responsibility.
What is the case name that cleared the way for lawyers to be able to advertise? Bates v. state of Arizona, 422 U.S. 350 (1977)
What is Licensing? A program whereby a governmentl or other entitry authorizes those qualifying to practice in the general area of the paralegal profession and to use a particular title chosen by the entity
Describe attorney client privilege. confidentiality
Attorney Eyes Only Are deemed to be safeguards for confidential client information. Look to the lawyers for direction on how to deal with these types of documents, following them to the last letter.
Conflict of interest. occurs when a lawyer attempts to represent both sides in a case where the parties have adverse interest. In this situation, it is unethical for a lawyer to represent both parties.
Conflict Check On a possible new client is to be certain that there has been no former representation by the lawyer of any of the other parties. Information gathered in past reprentation might prove detrimental to the interests of a previously represented party.
Why must a Chinese Wall be instituted? If a paralegal where to change employers and the new employer represents a client with a conflict of interest.
If a client ask a paralegal a question regarding the possible outcome of their case and/or how much their case wil cost Remind a client that you are not a lawyer and are, therefore unable to respond, adding that a message will be given to the lawyer and a lawyer will return the call to discuss the client's concerns
Can a Lawyer spilt fees with a paralegal? Lawyers are prohibited from splitting fees with a paralegal. If your firm has a case which involves a contingency fee, the paralegal is not allowed to share a contingency fee. It would be permissible for the paralegal to receive a discretionary bonus.
What is "Interest on Lawyers'Trust Account," or IOLTA? The purpose of these accounts is to generate interest for civil(not criminal)legal aid for the indigent and support improvements to the justice system. The interest earned on these accounts goes straight to the state for distribution.
What is a trust account where the lawyer/firm holds funds temporarily on behalf of another. Escrow account
What are the type of funds that are held in an escrow account? -client retainers for services/costs not yet billed - client funds to be used in settlement -personal injury settelment checks -child support or alimony -real estate closing funds-funds for payment of income taxes-funds received from probate matter
True or False Trust accounts are a safeguard aganist the loss of client funds by commingling those monies received by the firm in its day to dy practice True
The attorney has a fiduciary duty to the client and also has an obligation to: -segregare the money -safeguard the money -notify the owner of the funds of any disburesement of funds -keep accurate records of the account -deliver the funds to either the client or 3rd party when they are entitled to receive it -render an accounti
Should a receipt be mailed to the client, the third party or in some instances, both Yes, an acknowledge of the receipt of those funds
Misappropriation Any unauthorized use of monies in the firm trust account
Created by: tbeane
 

 



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