Counseling Quiz - Ch. 15-18, 20-21 W2014
This open book quiz covers the later counseling chapters in the Binder, et al. Text (Chapters 15-18 & 20-21). The quiz is worth 100 points. You may only take it once. Because it is an open book quiz, you may use the Binder text or any other resources you choose to access when taking the quiz, but should not consult with class members or prior class member about the questions or answers.
PLEASE NOTE: You only get one chance to answer each question. If you click NEXT to go past a question, you cannot return to Read moreit. Rather, you will be given immediate feedback on each question as you leave it. The feedback is design to strengthen your understanding of the topics covered in the questions and should correct any misunderstandings you may have about them.
Notice the timer in the upper right hand corner when you are taking the quiz and note that you will have 30 minutes to finish this quiz from the time you start it.
Hopefully, this will be a walk in the park for you.
Profs. Welch & Farmer
- 1.
What is "industry" knowledge and how does it relate to the legal counseling?
- 2.
Identify three situations when a client-centered lawyer "may appropriately question or voice disagreement with client decisions?"
- 3.
What is the most important underlying reason for evaluating the client’s options with the client’s objectives in mind?
- A.
Better client/lawyer conversations
- B.
Increased likelihood of satisfactory client decisions
- C.
Greater likelihood of getting appropriate information
- D.
Greater likelihood the client will refer you to his friends
Correct Answer
B. Increased likelihood of satisfactory client decisionsExplanation
P. 370 The underlying hypothesis is that you increase the likelihood that clients will make satisfactory decisions if you afford them an opportunity to evaluate options in the light of relevant objectives.Rate this question:
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- 4.
Counseling conversations should begin with a number of closed questions crafted to seek all possible objectives from the client.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
P. 372 [A]t the outset of counseling conversations you can ordinarily be content with the objectives that clients mention in response to open questions. Beginning counseling conversations with a litany of closed questions seeking all possible objectives is rarely helpful, because clients often cannot realize that they have additional objectives until they confront decisions that make those objectives relevant.Rate this question:
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- 5.
Counseling conversations often go back and forth between objectives, options, and consequences.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
P. 375 Client conversations often go back and forth between objectives, options and consequences.Rate this question:
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- 6.
Which of the following would be a primary counseling function?
- A.
Avoiding crossover
- B.
Recommending the best course of action
- C.
Suggesting possible solutions
- D.
Asking anything else questions
Correct Answer
C. Suggesting possible solutionsExplanation
P. 378 Suggesting possible solutions is among your primary counseling functions.
P. 380 You may well find that developing satisfactory alternatives is one of the most creative and satisfying aspects of law practices, in many ways the essence of effective lawyering.Rate this question:
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- 7.
When two clients have very similar legal problems the potential solutions for those two clients will probably be the same.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
P. 379 While two clients may have what appear to be very similar legal problems, you may suggest a solution to one client that you do not suggest to the other because of differences in their characteristics and circumstances.Rate this question:
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- 8.
For counseling to be thorough, you should suggest as many solutions as you can think of for the client’s consideration.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
P. 379-380 Effective counseling does not require that you routinely try to dazzle clients by trotting out all possible reasonable alternatives. Instead, common sense and the counseling standard described in Chapter 13 suggest that your task is to provide clients with a “reasonable opportunity” to consider those alternatives that “similarly-situated clients” would be likely to find pivotal. This standard calls on you to apply your knowledge of legal rules and processes to each client’s individual circumstances to formulate a limited number of realistic alternatives that clients are likely to consider satisfactory. For example, while a living trust may be a common estate planning tool that many clients find pivotal, a “living trust” would probably not be a realistic alternative for a client whose estate is too small to require probate.Rate this question:
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- 9.
What should you do if a client immediately rejects a course of action?
- A.
You should always tell the client that you need to evaluate it right away anyway.
- B.
You should accept the client’s rejection because client-centeredness means respecting the client’s decisions
- C.
You should accept the client’s rejection unless you know that the option they are rejecting is the best possible option.
- D.
You should consider the reason(s) for the rejection and determine whether you should give the client an opportunity at some point to reconsider.
Correct Answer
D. You should consider the reason(s) for the rejection and determine whether you should give the client an opportunity at some point to reconsider.Explanation
P. 390 From the standpoint of the counseling standard, clients who hastily reject options for such reasons (see P. 389-390) arguably have not had a ‘reasonable opportunity’ to make decisions. At the least, compliance with the standard suggests that at some point in the counseling conversations you give clients the opportunity to reconsider hastily-rejected reasonable alternatives. How and when you do so is a matter of judgment, depending in part on your assessment of the reason for the rejection.
P. 428 While client-centeredness puts clients at the center of the decisional universe, you need not automatically accept all decisions that clients make.Rate this question:
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- 10.
Assuming you have a precise sense of the likely outcome, which of the following is the LEAST effective way to state a prediction?
- A.
Because the house actually sits on your land there is about a 90% chance that a court would find that your neighbor has trespassed.
- B.
Because you are not able to use that portion of your property, there is about a 9 out of 10 chance that a court would find that you have been ejected from your property.
- C.
You have a pretty good chance of convincing a judge that your neighbor has trespassed and ejected you from your property.
- D.
Because the house is so far along, a court will be hesitant to require your neighbor to move it, so your chances of success if you seek an injunction are probably only about 2 out of 10.
Correct Answer
C. You have a pretty good chance of convincing a judge that your neighbor has trespassed and ejected you from your property.Explanation
P. 409 In daily life, we are generally content to use vague language when making predictions. However, vague terminology is more likely to create misimpressions than to inform. If you tell a client that she has a ‘pretty good shot’ at winning, she may think she has a 90% chance of success. Meanwhile you, knowing in your own mind that the case was somewhat of an uphill fight from the outset, meant that she had a 60% chance of winning. You may use either percentage estimates or numerical frequencies, though some studies indicate the latter tends to promote clearer understanding.Rate this question:
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- 11.
What types of provisions are commonly included in term sheets?
- A.
Provisions not included in the document
- B.
Alternative versions of provisions included in the document
- C.
Provisions the client has raised questions about
- D.
Provisions you consider most significant
- E.
Provisions with which the client may be unfamiliar
- F.
All of the above
Correct Answer
F. All of the aboveExplanation
P. 472 Having preliminarily decided which of a proposed agreement’s terms you want to review with a client, consider providing the client with a “term sheet” to facilitate the client’s active participation in a counseling discussion. A term sheet is simply a short outline of the important provisions that you intend to review in the order in which you plan to review them. While a term sheet is not a substitute for review of agreements’ specific language, a term sheet can help clients understand what issues you consider most significant.Rate this question:
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- 12.
"Deals" clients will typically ask for explanations of provisions they find confusing, so you don't need to explain provisions unless the client asks you to.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
P. 472 No matter how concise and attentive to the vocabulary lay people's a draft is, clients frequently find various provisions confusing. Yet, to avoid embarrassment, clients may not reveal their lack of understanding. Hence, any doubt in your own mind about whether clients understand provisions should prompt you to explain them.Rate this question:
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Mar 22, 2023Quiz Edited by
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Mar 30, 2014Quiz Created by
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