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Question 1
While attending a meeting with a client, the client asks the attorney for whom you work whether there is anything he could try before filing a suit against his business partner/brother-in-law. You should:
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Incorrect!
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Incorrect!
Correct It would not be a good idea to suggest negotiation on your own. First, a paralegal cannot give legal advice and should not determine legal strategy. Second, it is never smart to contradict your boss in front of a client!
Incorrect! It would not be a good idea to suggest negotiation on your own. First, a paralegal cannot give legal advice and should not determine legal strategy. Second, it is never smart to contradict your boss in front of a client!
Question 2
Generally, the first step in any negotiation is for:
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Incorrect!
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Correct First, paralegals and attorneys familiarize themselves with the underlying facts of the case and determine what, if any, additional research or investigation is necessary. Cases involving property might require site visits or trips to Town Hall. Cases involving injury might require learning a little medical jargon.
Incorrect! First, paralegals and attorneys familiarize themselves with the underlying facts of the case and determine what, if any, additional research or investigation is necessary. Cases involving property might require site visits or trips to Town Hall. Cases involving injury might require learning a little medical jargon.
Correct
Incorrect!
Question 3
A negotiated settlement is finalized when:
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Incorrect!
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Incorrect!
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Correct A settlement is only final when the parties have ratified the agreement by signing their names to it. The document signed need not be a lengthy, formal contract, but might instead be a simple Memorandum of Agreement.
Incorrect! A settlement is only final when the parties have ratified the agreement by signing their names to it. The document signed need not be a lengthy, formal contract, but might instead be a simple Memorandum of Agreement.
Question 4
Most scholars and attorneys agree that there are four essential steps to any negotiation because:
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Correct As is clear from the varying opinions discussed in Chapter 2, Subchapter 1, there are likely as many different ways to describe the stages of negotiation as there are attorneys and paralegals who regularly take part in negotiations. Other than the general requirement of good faith, prohibitions against fraud and coercion, and the like, there are no statutory or judicial dictates as to the way in which negotiations occur.
Incorrect! As is clear from the varying opinions discussed in Chapter 2, Subchapter 1, there are likely as many different ways to describe the stages of negotiation as there are attorneys and paralegals who regularly take part in negotiations. Other than the general requirement of good faith, prohibitions against fraud and coercion, and the like, there are no statutory or judicial dictates as to the way in which negotiations occur.