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Chapter 8 - What is the Proper Role of a Lawyer?


Pearce, Capra, and Green's Professional Responsibility, A Contemporary Approach (Full year 2010-2011)

Question 1
The dominant conception of the lawyer's role:

rejects role morality.


endorses moral accountability.
This should be choice C. Moral nonaccountability.
endorses moral nonaccountability.
views a lawyer primarily as an officer of the court.

Question 2
Role morality requires lawyers to take actions that are immoral under ordinary morality.

True
False

Question 3
Which of the following is NOT a justification for the hired gun role?

The adversary system.


The traditional understanding of professionalism
Client autonomy.
Democracy and access to law.

Question 4
The Preambles to the Canons and the Code emphasize the lawyer's responsibilities to his or her client.

True
False

Question 5
The original understanding of the lawyer's role in the United States was that of the European guild.

True
False

Question 6
The Rules:

require lawyers to be amoral partisans.


prohibit lawyers from being amoral partisans.
permit lawyers discretion to choose whether to be morally responsible or an amoral partisan.

Question 7
The Tennessee ethics opinion advises a lawyer opposed to abortion that his ethical obligations require him, in representing a
minor seeking judicial consent for an abortion:

to suggest that she consider talking to her parents.


to suggest that she consider alternatives to abortion.
to suggest that she consider the moral pros and cons of her decision
none of the above.

Question 8
The Tennessee ethics opinion is consistent with Rule 2.1.

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True
False

Question 9
The Legal Profession as a Blue State reading argues that the ascendance of the hired gun approach and the decline of
lawyers' commitment to the public good results from:

increasing business-like behavior by lawyers


law schools' disdain of law practice and legal ethics.
the trend toward greater emphasis on individualism.
the increasing diversity of the legal profession.

Question 10
The adversary system approach to justice resembles market theory in that it:

rejects moral relativism.


distributes justice equally.
always favors the wealthy.
assumes that facilitating the pursuit of individual self-interest is best for society

Question 11
Which of the following statements is true?

The Rules prohibit morally responsible lawyering

The Rules require morally responsible lawyering

The Rules permit a lawyer's discretion to be morally responsible in deciding whether to represent a client, counsel a
client, and deciding whether to withdraw from representing a client.

Question 12
Which of the following statements is true?

Both David Luban and William Simon urge lawyers to bring extralegal morality into their work.
Neither David Luban nor William Simon urge lawyers to bring extralegal morality into their work.
David Luban urges lawyers to bring extralegal morality into their work.
William Simon urges lawyers to bring extralegal morality into their work.

Question 13
Which author expressly suggests that evading the spirit of the law might be more appropriate in representing a low income
person than a wealthy corporation?

David Luban
William Simon
Both David Luban and William Simon
Neither David Luban nor William Simon

Question 14
Which of the following is true?

Catherine MacKinnon and Carrie Menkel-Meadow define a feminist lawyer as primarily a supporter of women's causes.

Catherine MacKinnon defines a feminist lawyer as primarily a supporter of women's causes

Carrie Menkel-Meadow defines a feminist lawyer as primarily a supporter of women's causes

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Neither Catherine MacKinnon nor Carrie Menkel-Meadow define a feminist lawyer as primarily a supporter of women's
causes

Question 15
Carrie Menkel-Meadow's approach to feminist lawyering relies primarily upon:

women's rights
women's support for individualism
women's understanding of relationships
women's superiority to men

Question 16
Under Menkel-Meadow's approach, a man could be a feminist lawyer.

True
False

Question 17
Menkel-Meadow suggests that feminist lawyering has implications for:

the lawyer-client relationship


ethics rules
the legal workplace
all of the above

Question 18
According to Professor Sanford Levinson, the dominant understanding of professionalism requires a lawyer to "bleach out" all
personal characteristics, including religion, morality, race, gender, and other forms of identity.

True
False

Question 19
Under all of Professor Allegretti's models, a Christian lawyer must bring her religious values into her work as a lawyer.

True
False

Question 20
In her work at a large law firm, Professor Azizah al-Hibri found which area of practice most consistent with her values as a
Muslim?

Litigation
Corporate transactions
Securities Regulation
Trust and Estates

Question 21
According to Professor Russell Pearce, all the streams of Judaism:

agree that a Jew must bring her religion into her work.
agree that a Jew must bring her religion into her work but only to the extent of observing Jewish holidays.
reject the notion that a Jew must bring her religion into her work.
take different positions with regard to the basic principle that a Jew must bring her religion into her work.

Question 22
Professor Robert Vischer identifies the following as irrefutable objections to religious lawyering:

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the threat to client autonomy


the threat to publicly accessible norms
the threat of illiberal communities
All of the above This should say "None of the above." That is the correct answer.

Question 23
Anthony Griffin argues that:

as an African-American he had an obligation to represent the Klan.


as an African-American he had an obligation to refuse to represent the Klan.
his being African-American was irrelevant to his decision to represent the Klan.

Question 24
According to David Wilkins, African-American lawyers:

should place their professional obligations above their racial obligation.


should place their racial obligation above their professional obligation.
should reconcile their professional and racial obligations.
have no legitimate racial obligation.

Question 25
David Wilkins argues that in the O.J. Simpson trial:

Johnnie Cochran appropriately navigated racial and professional obligations.


Christopher Darden appropriately navigated racial and professional obligations.
Both Cochran and Darden appropriately navigated racial and professional obligations.
Neither Cochran nor Darden appropriately navigated racial and professional obligations.

Question 26
David Wilkins concludes that Robert Johnson managed his opposition to the death penalty:

more appropriately than Robert Morgenthau.


just as appropriately as Robert Morgenthau
less appropriately than Robert Morgenthau.

Question 27
In the 1960s, Erwin Smigel found that big firm lawyers viewed their role as closer to that of the:

Civics teacher
Hired gun

Question 28
Proponents of the lawyer as civics teacher argue that lawyers are properly civics teachers because they are necessarily more
virtuous than non-lawyers.

Yes
No

Question 29
Proponents argue that lawyers are civics teachers:

because descriptively they serve that function


because normatively they should serve that function
both A and B
neither A nor B

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Question 30
A lawyer acting as civics teacher would always:

spy on her client for the government


be a hired gun because the system requires it
explain the spirit of the law as well as the letter
impose her values on the client

Question 31
Both perspectives on the lawyer as civic teacher require moral counseling.

True
False

Question 32
If clients generally shared the view of Ben W. Heineman, Jr., former Senior Vice-President for Law and Public Affairs for
General Electric, they would:

object to the lawyer as civics teacher


welcome the lawyer as civics teacher
be indifferent to the lawyer as civics teacher

Question 33
If I had to choose one perspective for my role as lawyer, I would choose:

hired gun
moral advocate
feminist lawyer
racial justice lawyer
religious lawyer
civics teacher

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