your firm's attorney has _________________ power when giving legal advice

by Jacques Bartoletti 8 min read

Which one of the following is the type of power a person has because of his or her position in the formal organizational hierarchy?

Legitimate powerLegitimate power is the power someone holds as the result of a hierarchy in an organization. They can influence employees because their position dictates it.

What is the power that rests on the leaders ability to punish or control?

Legitimate power also known as position power or official power comes to the leader when the organization's authority is accepted. It comes from the rules of the organization. It gives leaders the power to control resources and to reward and punish others.

Which of the following types of leaders tends to Centralise authority?

Answer. Autocratic leadership is a kind of leadership style that tends to centralize authority and make unilateral decisions. This kind of leadership is otherwise called authoritarian leaderships.

Which of the following leadership styles describes a leader who provides little direction or support?

Delegative leaders offer little or no guidance to group members and leave the decision-making up to group members.

What is an expert power?

Expert power is a type of power that comes from having a high level of knowledge within your area of expertise. Expert power is relative. This means that if two people have varying levels of knowledge on a subject, the one with more knowledge has expert power.

What are the types of power?

To be a more effective leader, you must understand the five types of power, how effective each one is, and when it's appropriate to use them....What are the five types of power?Legitimate power. ... Reward power. ... Expert power. ... Referent power. ... Coercive power.

Which of the following is expert power?

Which of the following is expert power? Leader can reward staff who comply with instructions. Leader can exercise power as a result of their position in the organisation. Leader has power because subordinates trust him/her.

What are the 3 types of leadership?

In 1939, Kurt Lewin identified three types of leadership styles in business: autocratic, democratic, and laissez-faire. Each, of course, comes with its own advantages and disadvantages.

What are the 4 types of leadership?

The four styles of leadership are:Direct,Coach,Support, and.Delegate.

What is a contingency leader?

The contingency theory of leadership supposes that a leader's effectiveness is contingent on whether or not their leadership style suits a particular situation. According to this theory, an individual can be an effective leader in one circumstance and an ineffective leader in another one.

What is personal trait leadership?

Trait leadership is defined as integrated patterns of personal characteristics that reflect a range of individual differences and foster consistent leader effectiveness across a variety of group and organizational situations (Zaccaro, Kemp, & Bader, 2004; Zaccaro 2007).

Are the approaches to the study of leadership which Emphasise the personality of the leader?

Trait theory (also called dispositional theory) is an approach to the study of human personality.

What is the duty of a lawyer?

A lawyer has the duty, in all dealings and relations with a client, to act with honesty, Good Faith, fairness, integrity, and fidelity. A lawyer must possess the legal skill and knowledge that is ordinarily possessed by members of the profession.

Who is responsible for the acts of his associates, clerks, legal assistants, and partners?

In addition, a lawyer is responsible for the acts of his associates, clerks, legal assistants, and partners and may be liable for their acts if they result in losses to the client. Negligent errors are most commonly associated with legal malpractice.

What is legal malpractice?

Another area of legal malpractice involves fee disputes. When attorneys sue clients for attorneys' fees, many clients assert malpractice as a defense. As a defense, it can reduce or totally eliminate the lawyer's recovery of fees.

Why is malpractice not a success?

A legal malpractice action, however, is not likely to succeed if the lawyer committed an error because an issue of law was unsettled or debatable. Many legal malpractice claims are filed because of negligence in the professional relationship. The improper and unprofessional handling of the attorney-client relationship leads to negligence claims ...

What happens if a lawyer fails to pay all funds to his client?

If a lawyer fails to promptly pay all funds to his client, the lawyer may be required to pay interest. A lawyer is liable for fraud—except when the client caused the attorney to commit fraud—and is generally liable for any damages resulting to the client by his negligence.

Can a lawyer use information obtained from a client?

In addition, a lawyer cannot use information that he obtained from a client as a result of their relationship. For example, it would constitute unethical behavior for an attorney to first advise a client to sell a piece of property so it would not be included in the client's Property Settlement upon Divorce and then to purchase the property from the client for half its market value.

What are the four areas of legal malpractice?

The four general areas of Legal Malpractice are negligent errors,negligence in the professional relationship, fee disputes, and claims filed by an adversary or non client against a lawyer. As in the medical field, lawyers must conform to standards of conduct recognized by the profession.

What is the ethical obligation of an attorney?

The attorney’s ethical obligations regarding client-lawyer relationship s and confidentiality extend to paralegals as well as all non-lawyers working with the client. This obligation of confidentiality covers all types of client communication, including documents, files, phone calls, email communications, in-person conversations, posts on social media, and even discussions at home with a spouse or significant other.

Why is it important to supervise a paralegal?

Appropriate supervision is key because a lawyer is ultimately responsible for all the actions of any paralegal under their employ.

What is a paralegal?

A paralegal is a critical member of the legal team and can greatly enhance a firm’s efficiency and productivity. But to ensure that an ethical relationship is maintained, a lawyer must provide a paralegal with proper supervision, adequate training, appropriate tasks to perform, and perhaps most importantly, high standards to strive for. ***. ...

What happens if a paralegal is hired without being screened?

If a paralegal is hired without being screened, the firm runs the risk of being disqualified from representing a client or being involved in a particular matter, should a conflict come to light later on.

What is the ABA model for paralegal services?

According to Guideline 1 of the ABA Model Guidelines for the Utilization of Paralegal Services, “a lawyer is responsible for all of the professional activities of a paralegal performing services at the lawyer’s direction and should take reasonable measures to ensure that the paralegal’s conduct is consistent with the lawyer’s obligations under the rule of professional conduct.”

Can a paralegal perform any of the duties that an attorney only may perform?

According to NALA, a paralegal must “not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.”

Can a paralegal represent a client?

Although the right of self-representation is provided for by statute, this right does not include the right to be legally represented by a non-lawyer, including a paralegal. Although paralegals often assist their supervising attorney at trial, they are not permitted to advocate for a client in court.

What is the most important thing to do to protect the privilege of attorney?

There are several things you (and your business colleagues) can do to ensure the best possible outcome with respect to protecting the privilege: The most important thing you can do is to be sure to properly label communications that meet the test for attorney-client communications.

What is attorney-client privilege?

The attorney-client privilege applies in limited circumstances, in particular: Requests for legal advice from a client to an attorney. Requests for information from an attorney for information needed to formulate or provide legal advice. The legal advice is actually given by the attorney.

Is it privileged to label something?

First, labeling something privileged does not make it privileged. It depends on whether the communication is for the purposes of obtaining or receiving legal advice.

Can you discuss privileged information with your spouse?

Likewise, as much as you love your spouse or significant other, you cannot discuss privileged information with him or her. And, as noted above, the more people in the loop on privileged communications the greater the chance that someone trips up on the confidentiality prong.

Do you have to keep legal advice confidential?

You must keep legal advice confidential. It is absolutely critical that you and the company keep legal advice confidential. It cannot be passed along outside that company– a common problem with business colleagues who do not understand the problems doing so can cause.

Do you need to be vigilant when giving legal advice?

You need to be constantly vigilant regarding the scope of your communications with the business and understand when you are or are not giving legal advice and, if you are, that you take the extra step to clearly note in the communication that you are providing legal advice.

Is legal advice privileged?

Legal advice is broader than just litigation-related communications, i.e., it covers all legal advice including transactional and regulatory. Business advice, however, is never privileged, and – for in-house counsel in particular – the line between the two can appear blurry.

image