Behaviour MCQs
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According to Parker
- A. Something innate that you are born with
- B. Something you develop by knowing and consistently following through on your ethical character
- C. Discovered by making hard choices in difficult situations that expose your virtues (which are equivalent to "gut instincts")
- D. Something that you learn from others
- Correct Answer: Option B
The circumstances that give rise to breaches of duty to the court are essentially infinite.
- A. True
- B. False
- Correct Answer: Option A
In Duncan Webb’s guest lecture, what did he say was the best description of the typical lawyer?
- A. Deal-maker
- B. Hired gun
- C. Lawyer-statesman
- D. Fearless advocate
- Correct Answer: Option A
Webb et al believe that public interest law practices, in which lawyers associate themselves with a particular cause and provide free or discounted legal representation to further that cause:
- A. Would run counter to the need for independence required of lawyers in New Zealand
- B. Should be compulsory to fulfill the public service requirement of professionalism
- C. Would overlap with the functions of Community Law Centres and should be discouraged
- Correct Answer: Option A
With respect to using the threat of bringing criminal charges in order to pressure an opposing client to pay money in settlement,
- A. The applicable Rules of Conduct and Client Care use the same legal test(s) as does the criminal offence of blackmail
- B. The applicable Rules of Conduct and Client Care give the lawyer fewer defences than does the criminal offence of blackmail
- C. There are no Rules of Conduct and Client Care that apply to threatening to bring criminal charges in order to pressure an opposing client to pay money in settlement
- Correct Answer: Option B
Lawyers are required to honour all undertakings:
- A. That were made by the lawyer or by the client
- B. That were made by the lawyer or by other members of the lawyer's practice
- C. Unless circumstances have changed radically
- D. All of the above
- Correct Answer: Option B
The fact that a client instructed their lawyer to take an action that constituted breach of a professional rule is not a complete defence, but it will result in lesser punishment than if the client had not been involved.
- A. True
- B. False
- Correct Answer: Option B
Although the purpose of the Lawyers Complaints Service is to protect the public, if the person complaining about a lawyer to a Standards Committee decides to withdraw the complaint and states that they have not been injured by the lawyer’s behaviour, the Standards Committee will always discontinue the proceeding.
- A. True
- B. False
- Correct Answer: Option B
With respect to the duties of defence counsel and prosecuting counsel:
- A. Both counsel must act impartially at all times, due to the lawyer's duty to uphold the rule of law
- B. Both counsel must regard only the interests of their own client at all times, due to the nature of the adversary system
- C. Both of the above
- D. None of the above
- Correct Answer: Option D
Misbehaviour in a lawyer’s private life (ie which is unconnected with the provision of regulated services by the lawyer):
- A. Can constitute misconduct
- B. Can constitute unsatisfactory conduct
- C. Both of the above
- D. None of the above
- Correct Answer: Option A