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Legal Ethics and Client Relations

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Questions and Answers

What is the main risk associated with providing legal opinions to phantom clients?

The paralegal may be perceived as misrepresenting their qualifications.

They may lead to severe penalties for the paralegal.

They can potentially lead to malpractice claims against the lawyer.

It creates confusion about the existence of a retainer agreement. (correct)

Which statement accurately describes the condition under which client privilege applies?

Client privilege is applicable even if there is a misunderstanding regarding representation.

Client privilege is maintained regardless of whether a third party is present.

Client privilege applies only when a retainer agreement is signed.

Client privilege exists only if the client is physically present during the meeting. (correct)

What should be made clear during a confidential meeting when a third party is present?

The third party must also consent to confidentiality terms.

The meeting is not confidential and can be shared with others.

There will be no correspondents or records kept of the meeting. (correct)

The meeting will be documented for legal purposes.

What is one step that should be taken to avoid misleading phantom clients?

<p>Establish clear boundaries regarding representation from the onset.</p> Signup and view all the answers

What does the term 'limitation period' refer to in legal terms?

<p>The specific timeframe within which legal proceedings must be initiated.</p> Signup and view all the answers

Study Notes

Phantom Clients

An individual may believe they are represented by a paralegal when they have not formally hired or retained the paralegal.
Giving legal opinions to phantom clients is risky.
Take steps to ensure a client does not believe they are represented, especially if they have not signed a retainer agreement.

Limitation Period

The time in which a legal proceeding must be brought.

Confidential Meetings

A confidential meeting or a client-privilege meeting should be conducted with no third party present.
It should be explicitly clear that the meeting is confidential and will not be recorded or documented.
The phrase "this meeting is without prejudice" can be used to clarify its confidentiality.
If the client is present, client privilege applies.
If the client is not present, client privilege does not apply.

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Description

This quiz covers essential concepts related to legal ethics, including the implications of phantom clients, limitation periods for legal proceedings, and the importance of confidential meetings. Understand the significance of clear communication regarding representation and confidentiality in legal practice.