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Management 430

With the current competitive nature of the business environments, businesses are engaging in tactics that will assist them to attract and consequently promote their businesses. The common assertion, in this case, is that the ability possesses quality customers is the main aspect that dictates whether a business is going to be a success or a failure. It is thus correct to argue that customers are the foundation of any business and that it is the customers who are the integral building blocks of the contemporary businesses (Taeshik, Jin Nam & Murdy, 2016).
As states realize, customers are the most integral component of business, and thus this assignment focuses on the assessment of the positive as well as the negative aspects that characterize customers. One of the positive customer aspects is the fact that that they can assist to promote a business’s products and services through the word of mouth marketing. One the clients to a certain business receive quality and satisfactory services; they engage in discussion on their social networks which results in the direct publicity as well as the increase in the popularity of the business. The business is thus able to attain free advertising from their most reliable ambassadors, an aspect that will promote their sales and the consequent profitability (Makanyeza, Macheyo & du Toit, 2016). The customers have a direct impact on the satisfaction of an organization’s shareholders as the increase in their purchases produces an increase in the satisfaction of the stakeholders of a certain business. The common attribute, in this case, is that the increase in their sales promotes the investment desires of the investors which lead to the ROI of the business improving in a dramatic manner.
The customers additionally have a direct impact on the motivation of the employees as the satisfaction of the customers impacts the organization’s working environment. It follows that the decrease in the pressure of meeting their targets as well as the other financial stability makes it possible for the employees to work in a comfortable corporate atmosphere and as a result promoting them to work to the maximum capacity.
The most common customer aspect relate to the fact that they always seek the best while using the least amount possible, which always makes them leave a certain business when they receive poor quality products or services. Thus the loose of customers by a business lead to lost profits as well as the fact that the inventory they had in storage is not going to be bought increasing their operational costs. In the same way, that customers promote a business that meets their needs, they also spoil the name of the company that offers poor quality of services or products. The vast growth of the social media sites implies that the company losses numerous numbers of prospective clients once the client shares the dissatisfaction online (Taeshik, Jin Nam & Murdy, 2016).
The common desire to satisfy the customers is an additional attribute that makes it impossible for some businesses especially the small ones stay in business. The rationale behind this assertion is the fact that that the customers will always be going on what is most efficient and at the lowest costs. With the current rapid growth in technology, new and better products and services are coming up on a daily basis, implying that a business has to invest a lot of resources in acquiring the technology as well as training their employees on the use of these technologies (Taeshik, Jin Nam & Murdy, 2016).The small businesses as well as those that little resources are unable to remain competitive and as the customers go out seeking better products and services, they are forced out of business.


Reference
Makanyeza, C., Macheyo, R., & du Toit, F. (2016). Perceived product necessity, perceived value, customer satisfaction and affective attitude: an integrative model. Journal Of African Business, 17(1), 69-86. doi:10.1080/15228916.2016.1112709
Taeshik, G., Jin Nam, C., & Murdy, S. (2016). Does Customer Value Creation Behavior Drive Customer Well-Being?. Social Behavior & Personality: An International Journal, 44(1), 59-75. doi:10.2224/sbp.2016.44.1.59
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Formal Analysis

Formal Analysis
The artwork is a result of the creativity of the artist about an idea or an item and intends to portray a particular message to the viewer. The analysis of a piece of work requires a thorough examination of the artwork as well as the incorporation of the formal details of the art. In the essay presented, the focus of discussion lies in a single western sculpture located at the Detroit Institute of Arts. The museum has a collection of artworks in the form of sculptures, paintings, and architecture. The discussion dwells on a sculpture labeled as the Minster Jug created in c. 1845 by Charles Meigh & Co. The sculpture falls under the Ceramic classification and located in the Department of European Sculpture and Dec Arts. The sculpture is outstanding among others and captures the attention of the eye due to its color selection and design.
The sculpture is free-standing as evident from the round bottom section. It stands freely without any support and appears to be on a flat surface. Jugs usually have varied uses of holding fluids and would be appropriate to have it with a flat bottom for stability. The sculpture is a high relief since the carving is much further from the background where the figures appear to be more on top of the background rather than part of it. As observed from the selected sculpture, it has conspicuous features and above the level of the background. It is easy to visualize the full sculpture from far and has a distinction from the background. It does not embed with the background, hence making it easy to identify all its descriptive elements. As observed, the minister jug stands out from the background by its design and colors. The viewer can identify the sense of space, linear perspective, and aerial perspective, as well as foreshortening. The sculpture is three-dimensional due to the ability to visualize the space, linear, and the breath elements.

Placement
The sculpture appears that it was meant to be placed on a pedestal and preferably a table or in a cupboard. The use of the sculpture makes it suitable to be placed on a pedestal other than on the ground. The position of placement should be moderately high to allow easy reach by the user, but at the same time not easily accessible to children who might destroy it. In the museum, the sculpture is placed on a pedestal and at a relative height for easy viewership. The position of placement should align with the elevation of the eye so that the viewer can have a clear focus on all its features. The position of the sculpture affects the notion of the viewer in certain aspects. Sculpture placed on a pedestal sends a clear message that the viewer should not tamper with it. It can be brittle, or liable to get damaged hence necessary to secure it from close handling. Also, the viewer may think that the sculpture is made of a high-value material, hence restricted for close mishandling. Placing an object on a pedestal and choosing an appropriate height develops particular perceptions of concern on the work.
Proportion and Scale
The presentation of a piece of art requires a consideration of the size and the proportion as either life-size, over life-size, or under life-size. The different aspects define an artwork as either assuming the original size of the object, smaller, or bigger than the actual size. For the sculpture selected, the size is under life-size since a normal jug is bigger in size in comparison to the art. However, the difference in size is small and helps to fit the sculptor within the presets of the artist. The size of the parts of the sculpture is comparable to a normal jug, but more concern lies in the proportionality on the entire artwork. The handle, the hollow part, and the base are proportional to the whole size of the sculpture and contribute to its stability as it rests on a flat surface.
Viewpoint
The sculpture is free-standing as earlier mentioned and hence have multiple vantage points. The viewer can position themselves from any side and still identify all the minute details of the sculpture since it is three-dimensional in geometrical perspectives. Whichever the vantage point selected by the viewer, it is easy to have an overall view of the sculpture. For the sculptor selected, different vantage points may not result in significant variations on the viewership since the sculpture has a uniform body and base. The only section to be affected is the mouth and the handle that have a unique design. Hence, a viewer may not have a full view of all the features of the mouth and the handle section depending on the vintage point selected.
Composition
The freestanding sculpture has a composition that distinguishes it from the other artworks in its vicinity. It is monochrome in appearance having a single color code for uniformity. However, the depicted color appears to be as a result of a combination of different colors mixed to produce the final shade. The sculpture is ceramic in classification but is a stoneware and smear glazed to produce the elegant appearance. The piece of art is easy to recognize the color code since the artist ensures that it is uniform throughout the visible sections. Being stoneware makes it susceptible to wearing upon exposure to adverse weather conditions, hence necessary to coat it with a thin smear of glaze. The coating does not erode the originality of the stone ware characteristics but makes it more elegant and conspicuous to the eye. Thus, painting is unnecessary on the stone ware since the smear glazed coating serves the purpose. The different materials used in making a final artwork affect the response to light. For the sculptor, the use of a thin coating of the smear glaze makes it more reflective to light. Thus, it maintains moderate temperatures to the material making up the sculptor. In essence, stoneware tends to absorb much heat and light hence necessary to have an external covering to counter the effects. Stoneware is made from natural materials whose response to light differs from one material to another. The sculpture selected response by reflecting, but others may absorb or pass the light through.
Texture
Texture describes the surface quality of the artwork. It is perceived from the visual and the physical properties of the object in focus. The use of texture alongside other elements of the design of an object helps to convey different messages and emotions. The feeling upon touching makes the viewer identify the texture of artwork with ease. For the sculptor presented, the texture is rough as evident from the external design. The artist intended to decorate the sculpture with uniform and unique projections and to curve on the outer surface. The bottom section has a rough texture drawn from the small ridges on the round base. The middle section of the sculpture has images of human beings in full appearance of two-dimensional geometry. The upper section near the mouth of the jug has decorations in the form of flowers that make the texture rough. The same scenario is evident on the handle which has projections and ridges to provide a firm grip to the user. The design of the external surface of the sculpture makes it make it have a rough texture that enhances the appearance. The rough texture affects the play of light by producing hues and tones that give space its identity. The reflection of light from various parts of the sculpture develops the hues and tones that make the object conspicuous. A rough surface allows light to interact with it in different ways thereby enhancing the visual element to the viewer. Some sections are curved, others protruding, and others inverted that make light reflection produce a good visual ability.
Conclusion
The formal analysis of the selected sculpture develops a different perspective about the understanding of pieces of artwork. From the sculpture analyzed, the aspects of composition and viewpoint elicit the original thoughts about the artwork. The description of the materials making up the sculpture and the blending of the color codes make it easy to identify with the artwork. The analysis of the viewpoint of the sculpture helps to understand why some objects are conspicuous from any angle, and others are not. Formal analysis of the sculptor helps to learn more about a piece of art through critical thinking.
Charles Meigh & Co, Minster Jug: A Formal Analysis
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Management

Customers are the most integral component that promotes the survival and success of any business establishment. The overall reason that a business exists is in ensuring that they serve and consequently meet the needs of their customers. Thus, it is the overall satisfaction of the clients’ b y a business that promotes their success through the ability to retain these clients following their satisfaction with the products and services that business offers. The assignment tasks itself with the assessment of the positive as well as the negative aspects that are related to the customers. The ability to adapt and consequently handle the customer concerns fast; the customer becomes vital component of the business establishment. The positive customer aspects include the fact that customers are a major source of business profits through their purchase of goods and services that the business is offering. Through the access to these profits, the business can attain their expansion agendas, promote their advertising to reach more customers as well as to engage in diverse corporate social responsibility endeavors to assists the community they serve (Charlie Chi Cong, Perry & Loh, 2014).
The other positive aspect of the customers is the fact that the feedback they give acts as a major informative attribute for the businesses. Constant feedback from the customers makes it possible for the business to assess the various issues; especially the complaints that the customers would like addressed and resolve them to enhance the satisfaction of these customers. The customers additionally serve as one of the most effective advertising strategies that a business can use. Testimony of a satisfied customer to a friend, colleague or neighbor gives the individuals a guarantee that the business is offering quality products and services. Thus, it is more likely that the individual who hears of the goods products and services that a business offers from a friend is going to purchase from this business than from the other one that they are have not heard of the products and services quality (Charlie Chi Cong, Perry & Loh, 2014).
Conversely, there are the negative customer aspects that end up affecting a business adversely, such as the fact that the customer with attitude issues can be a major demoralizing attribute for the employees. The customers who keep on yelling at the poor employees demoralize them, and in the adverse the employees quoting an attribute that increases the business’s operation costs. Additionally, the costs related to the satisfaction of a customer are expensive for any business establishment as the management has to keep on conducting industry research, training and retraining the employees. The employment of corporate social responsibility as an attraction customer strategy additionally is an aspect that ends up eating into the profits that a business could have made as they try to please and recruit additional customers (Charlie Chi Cong, Perry & Loh, 2014).
A customer who is not satisfied can be the major detriment to business as other than the fact that they are no longer customers of the business, the ruin their reputation by discussing the poor products and services with friends. The attribute has the additional impact of costing the business establishment prospective customers as the testimony of the poor services acts as an attribute that discourages these prospective clients to access the services or products from the business (Charlie Chi Cong, Perry & Loh, 2014).The loss of profits is the additional negative aspects that customers have on a business they poor quality products or services from a business leads to fewer customers, translating into lower services and the consequent lower profits for business. The overall impact of this aspect is that the business is going to engage in a survival mode that sees it start reducing their operational costs by cutting the number of employees as well as the employee training.

Reference
Charlie Chi Cong, M., Perry, C., & Loh, E. (2014). Integrating Organizational Change Management and Customer Relationship Management in a Casino. UNLV Gaming Research & Review Journal, 18(2), 1-21.
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Friday, November 16, 2018
Database Backup & Disaster Planning

Abstract
Database Backup and restoration of a database in information technology are essential to ensuring business continuity in the event of a failure. Disaster planning in an organization ensures that a business survives in the event of a catastrophe as well as enjoys other different benefits. This research paper discusses extensively database backup and disaster planning in enterprises. The paper also covers the importance of the integration of both backups and disaster planning and the impact if both do not get executed effectively.


Database backup
Database Backup in Information Technology (IT) entails of the copying of data so that it can get used to restore a database in case of information systems failure. The restoration of a database is essential for ensuring business continuity in the event of a failure. The database administrator in an organization undertakes the functions of preparing for possible system failures as well as recovery of the database during a disaster. The database administrator must ensure that the data is available to users in the shortest time possible and at the same time ensure that no data gets lost. Several checklists get considered when setting up database backup and recovery procedures.
It is essential to develop a comprehensive backup plan that includes all the types of Oracle relational database management system with the business. It should cover the data that requires getting backed up either through an online backup or an offline cold backup. In the event of a hardware failure, the entire system will get required to get restored completely. It hence requires backing up of the database server operating system initially. The superuser passwords should get backed up since they may get needed during recovery.
When setting up database backup procedures and practices, it is also necessary to consider the available backup types. Oracle database backup types include logical backups, physical offline or cold backups, and physical online or hot backups. Logical backups get executed through Oracle utilities “exp”. It backs up the entire database, individual schemas, tables or tablespaces. The restore gets performed using “imp” or Data Pump. Physical offline or cold backups entail the shutting down of the database and making a copy of all useful data files as well as other components of the database. Hot backups, on the other hand, back up the database while it is still up and running. SQL Server databases comprise of logical backups and physical backups. For logical backups in SQL Server, individual schema objects get backed up to flat files in any supported files and restoration takes place using bcp utility, the Import and Export Wizard, or the SQL Server Integration Services tools. For physical backups, all user databases get set up for full recovery model and both database and transaction logs get backed up to restore the database.
All databases backup procedures should also ensure they develop a strategy for handling very large database backups. In Oracle, database administrators can minimize the backup window for this type of backups by allocating multiple channels and fine-tuning backups. The administrator can also save disk space by utilizing compressed backups. The administrator can block tracking with incremental backup techniques with the latest versions. It is also vital to establish a suitable backup schedule and window. The location or store for backups should get considered adequately. It is a good database backup practice to backup data to disk, transfer to tape and later store tapes offsite for disaster recovery. The database administrator should also develop a backup retention policy.
Disaster Planning
For organizations, a disaster refers to any natural or manmade event in the organization that results in the disruption of the normal operations of a company or adverse impacts. These events include hurricanes, fire, storms, earthquakes, hardware failure, software bugs, etc. Disaster recovery planning is the measures put in place by an organization to prepare for and for response in the event of a catastrophe. The core objective of disaster recovery planning is to ensure the survival of the business.
When developing a disaster plan, it is essential to set the objectives that the particular technology must achieve. It is vital that the technology is simple so that recovery gets achieved easily and in a simple manner. Simplicity in a technology gets achieved by requiring automation, comprehensive fit, availability and reliability, and simple restoration of complex applications, in the recovery plan. An automated recovery process eliminates and reduces manual intervention.
When compiling a disaster plan several crucial elements should get considered as described below;
a) Singular and community-wide disasters
It is essential that a disaster plan takes into consideration the needs when responding to either a singular or a community-based disaster. The planning process of the disaster recovery must incorporate the needs and resources in both circumstances.
b) Notification procedures
When planning for disaster recovery, it is essential to list the persons to get notified and those to notify them in the event of a disaster, identify the notification channels, determine how regularly the list should get modified, and where to keep the list.
c) Delayed Access
The plans made for disaster recovery, and business continuity should take into consideration the actions to get implemented in case of an extended recovery time frames including delayed access to the operation building.
d) Relocation
The business continuity plan should take into consideration at what time frame, and state is it necessary to undertake temporary or permanent relocation (Moore, 1995).
e) Emergency authorization procedures
The disaster recovery plans should also consist of the emergency supply and acquisition requirements.
f) Insurance
The disaster recovery plan should incorporate an appropriate insurance plan that takes into consideration all the potential disaster events (Moore, 1995).
g) Public relations
The plans made for disaster recovery, and business continuity should address both internal and external public relations so as to ensure that workers and the community have adequate and correct information regarding the recovery process (Moore, 1995).
Disasters occur of varying magnitudes and result in various detrimental adverse impacts to buildings, IT systems, and equipment. The following are the common adverse effects of a hazard. First, catastrophes result in direct destruction to buildings, equipment and IT systems hence rendering equipment no operational and buildings uninhabitable. Disasters also affect people directly as they lead to loss of life, cause injuries and also leads to displacement. These impacts lead to loss of productive staff in a business as well as high medical expense. Second, disasters render buildings inaccessible due to their unsafe nature after catastrophes. Third, hazards result in utility outage such as interruption of water, natural gas and electric power hence rendering systems unusable and buildings uninhabitable. Fourth, catastrophes cause major transportation disruption by interrupting movement by roads, water, rail and air. These transportation disruptions have significant negative effect to economy as workers cannot report to work, receipt of supplies gets prevented and leads to the halting of shipment of products. Fifth, catastrophes result in communication outages as the direct damage of communication infrastructure prevents data and voice communication that is crucial for daily operational needs. Six, many of the hazards necessitate for evacuations to safe grounds Lastly, disasters result in increased level of employee absenteeism due to disruption of transport infrastructure, disruption of power and utility outages (Gregory, 2011).
Effective disaster management entails of various phases namely; preparedness, mitigation, recovery, and response. Preparedness phase entails of the activities that take place ways before the occurrence of a disaster. The core elements include resource assessment and acquisition, threat assessment, drills and exercises, plan documentation, and inter and intra-jurisdictional cooperation. Response phase entails of the execution of the plans and allocation of resources determined in the preparedness stage. The core elements are medical assistance and first aid, shelter and evacuation, search and rescue, secondary damage reduction and activation of emergency protocol. The recovery step entails of establishing, coordinating and undertaking service and site restoration plans for both immediate and strategic perspectives. Mitigation involves the efforts applied to minimize the impacts of subsequent disaster incidences. The core elements are legislative planning and enhanced reconstruction.
Importance of the integration of both backups and disaster planning and the impact if both do not get executed effectively
The integration of disaster recovery planning in an organization is useful since it brings numerous benefits. The business is adequately prepared for any occurrence of a disaster as well as has robust strategies to respond to the disaster; hence, ensuring business continuity in the event of a hazard. The organization also enjoys enhanced business processes as the processes undergo analysis and scrutiny, thus assisting system analysts to identify weak areas. The organization often gets involved in improving of IT systems, hence, ensure improved technology. The organization also encounters fewer disruptions due to improved technology, stable IT systems and system architecture changes that meet recovery objectives for previous outages hence preventing there repeated occurrence. Improved processes and technology in an organization leads to higher quality services thus enhanced customer satisfaction. The organization also acquires a higher competitive advantage in the market as its services are easily available and reliable.
When a disaster occurs in an organization that does not have a proper disaster plan, there are several adverse events that are likely to take place in the organization. For instance, the occurrence of disasters that lead to infrastructure damage and system outages such as earthquakes, hurricanes and severe weather, may lead into total loss of a business or the extended recovery time. Sabotage, severe crash and data corruption in an organization may result in several days outage to rebuild data from backup media or even total loss of essential company information.


References
Gregory, P. H. (2011). IT disaster recovery planning for dummies. John Wiley & Sons.
Moore, P. (1995). Critical elements of a disaster recovery and business/service continuity plan. Facilities, 13(9/10), 22-27.
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Quiz
Question 1 (1 point)
Lawyer Lemon, a Jacksonville lawyer, specializes in what he calls credit management law. That is, he aids clients with bad credit ratings to improve their status with the major purveyors of credit information. If a client's credit rating improves, then the client can get loans that he or she previously could not have gotten. Lemon's business is a little thin, so he decides to advertise his services. The text of his ad reads as follows:

"Has Bad Credit Got You Down? Come and see Lou Lemon, Attorney at Law, to get a good credit rating

Fast, faster, fastest credit lawyer in town. Results Guaranteed!

Call Lou Lemon today at (904) 343-2929."

Which of the following is most correct?

Question 1 options:

A. If Lemon eliminates the first line of his ad, then the ad will be PROPER.


B. If Lemon eliminates the second line of his ad, then the ad will be PROPER.


C. Lou MAY use the ad in brochures, but not on the radio or t.v.


D. If Lemon uses the ad as written, he will be SUBJECT TO DISCIPLINE.

Question 2 (1 point)
Attorney Jackson was retained by Defendant to represent him in a burglary charge. The Defendant paid $1,000 down and was to make 2 payments of $500 within the next 2 weeks. Jackson received a check in the mail from Defendant's father. A note was attached to the check requesting that the attorney apply the money towards the Defendant's bill. Is it proper for Jackson to accept the check from his client's father? Choose the best response.
Question 2 options:

A. Yes, so long as the father does not attempt to influence the attorney's conduct in the case.

B. No, because the father is attempting to finance litigation to which he is not a party.

C. Yes, if the attorney reduces the bill accordingly.

D. No, unless Jackson first informs the Defendant, gets the Defendant's consent to retain the payment, and maintains his professional independent judgment regarding the case.
Question 3 (1 point)
Max Jones is an attorney specializing in divorce actions. One of his clients, Lucy Smith, makes it clear to Max that she would like to start a sexual relationship with him. Identify the correct statement:
Question 3 options:

A. Max may have a sexual relationship with his client and continue to represent her, so long as he obtains informed consent to the continued representation in writing.

B. Max may begin a sexual relationship with Lucy so long as he keeps his professional judgment intact and his client's information confidential.

C. Max must decline to begin a sexual relationship with his client until the case is over.

D. Max may begin a sexual relationship with Lucy unless it is reasonably foreseeable that her interests may be prejudiced by the relationship.
Question 4 (1 point)
Dave retained attorney to appeal his criminal conviction and to seek bail pending appeal. The agreed fee for the appearance at the bail hearing was $50 an hour. Dave gave him $800. $300 as a retainer and $500 for bail costs to pay the bondsman in the event he was granted bail. The attorney maintains 2 bank accounts. One is for fees, where all earned fees are deposited and where he writes checks for offices expenses. The other account is the Client Trust (IOLTA) Account. Attorney initially deposited the entire $800 in the Client Trust Account. The week before the bail hearing the attorney spent 6 hours preparing for the hearing but the effort to obtain bail was unsuccessful. Dissatisfied, Dave demanded the return of the entire $800.Under these facts, it is now proper for the attorney to:
Question 4 options:

A. Transfer the $800 to the fees account.

B. Transfer $300 to the fees account and leave $500 in the Client's Trust Account until the attorney's fee for the final hearing is determined.

C. Return $500 to the client from the Client Trust Account and transfer $300 to his fees account since he already earned that amount when preparing for the hearing.

D. Send client a check for $500 and leave $300 in the Client Trust Account until the fee matter is resolved with the client.
Question 5 (1 point)
Recently, Jones went to the office of lawyer Martin with a personal injury case involving claims of negligence, breach of warranty, and strict liability. Martin agreed to represent Jones as plaintiff in the action under a contingent fee agreement, after first concluding that Jones would be financially unable to pay Martin on any other basis. At that first meeting, Martin explained to Jones that Martin would be paid 40% of the net proceeds of the matter, defining net proceeds to include the gross award or settlement less any costs of suit. Martin further told Jones that Martin would advance the costs of suit, explaining what they were likely to be. As a matter of professional ethics, Martin's conduct is most probably:
Question 5 options:

A. Improper. The case was appropriate for continent fee financing and he explained the method whereby the fee would be calculated; however, for a valid contingent fee, there must be a writing.

B. Improper, unless Martin sends her a letter outlining the fee arrangements and costs and the client calls him to confirm the agreement.

C. Proper, unless other lawyers in the community would charge 33 1/3% of the recovery, whereupon Martin's charge would be considered excessive.

D. Improper, because the agreement appears to permit repayment of the costs of suit to be contingent on the outcome, which is improper.
Question 6 (1 point)
A new lawyer gets his first client but it involves admiralty law which can be complex. Can he ethically accept this case?

Question 6 options:

A. No, because he is not competent.


B. Yes, so long as he gets admitted to federal court where admiralty cases are heard.


C. Yes, but he must learn about admiralty law through self-study or by associating co-counsel who is competent in admiralty law.


D. Yes, this is the way that new lawyers learn.

Question 7 (1 point)
Attorney Rutherford is licensed to practice law and has a relatively small practice. When in high school, Rutherford was friendly with Pete Bradley, who showed up on Rutherford’s doorstep one day claiming to be slightly down on his luck. In conversation, Rutherford quickly determined that Bradley needed to file for bankruptcy because of the accumulation of major debts. Rutherford does not normally do bankruptcy work, but felt sorry for his old friend and agreed to assist Bradley in preparation of the necessary bankruptcy documents so Bradley can file a bankruptcy petition on his own behalf, provided that Bradley agreed in writing not to sue Rutherford in the event a mistake was made. This, Rutherford told Bradley, was needed, “because you know I don’t do bankruptcy work.” Bradley quickly agreed; Rutherford helped Bradley prepare and file the documents and prepare for a bankruptcy hearing. That hearing went well and Rutherford was discharged in bankruptcy. Following the hearing, Bradley sent Rutherford a basket of fruit, with a very nice thank you note. On these facts:

Question 7 options:

A. Rutherford is subject to discipline for accepting an impermissible gift from a client, even though the gift was only a basket of fruit.


B. Rutherford is subject to discipline if the basket of fruit was obtained from any proceeds from the bankruptcy because then Rutherford is sharing a legal fee with a non-lawyer and that is not permitted.


C. Rutherford is not subject to discipline because Bradley was successful in the bankruptcy proceeding.


D. Rutherford may be subject to discipline regardless of whether Bradley was happy with his work because of Rutherford’s insistence that Bradley sign an agreement not to sue Rutherford without having another attorney represent Bradley in making the agreement.

Question 8 (1 point)
Siobhan is an employee of Grace Trucking Corp. Siobhan witnessed one of Grace’s trucks crash into the side of the Better Norville Bank, causing substantial damage. Norwalk is an attorney who represents Grace in local matters, including defending this lawsuit. Lawyer Barton is the attorney for the Bank, who is suing Grace for the damage caused by the accident. Can Lawyer Barton interview Siobhan?

Question 8 options:

A. Yes, because Siobhan is a material witness in the case.


B. Only if Siobhan is not represented by his own counsel can Barton interview him without counsel present.


C. Barton is prohibited from making contact with employees of the opposing party when the opposing party/employer is represented by counsel.


D. Only if Barton confines his questions to the narrow matter involved in the case.

Question 9 (1 point)
Lawyer Garabando represents Mario, the criminal defendant in a white-collar crime case. Two weeks before the date set for trial, Garabando discovered that Elio was an eyewitness to the criminal actions of Mario. Garabando interviewed Elio and Elio’s version of the facts was different from Mario’s and, if they were believed by the trier of fact, Mario would certainly be convicted. Elio told Garabando that he had not been interviewed by the prosecution. Elio also told Garabando that he intended to leave to go to Mexico for an extended stay (at least one month) unless he had an obligation to stay and attend the trial. Garabando said, “Trials can be nerve-wracking. I would like you to go ahead and enjoy your vacation. Perhaps by the time you return, the trial will be over.” Garabando is:

Question 9 options:

A. Subject to discipline because he requested a key witness to be out of the country during trial.


B. Subject to discipline because he failed to subpoena a key witness, knowing he was a key witness.


C. Not subject to discipline because the prosecution had not subpoenaed Elio.


D. Not subject to discipline because he was acting as a zealous advocate for his client.

Question 10 (1 point)
Fred is a personal injury attorney who regularly represents individuals in wrongful death cases. Fred's standard fee is a contingent fee of 40% of the recovered amount in the case, whether by verdict or settlement. Fred has his client sign a written contingent fee agreement at the outset of representation.
Question 10 options:

A. Fred's fee arrangement is proper if his fee agreement states the method by which the fee is to be determined.

B. Fred's fee arrangement is proper if his fee agreement explains who pays the expenses and costs of litigation if Fred's client loses.

C. Fred's fee arrangement is proper if he provides a written "accounting" or statement to the client upon the conclusion of the matter.

D. A, B, and C above.
Question 11 (1 point)
You and your best friend, Ephram, are graduating from law school and applying for admission to the state bar. Ephram confides in you that he was arrested in college for possession of and trafficking in controlled substances by the campus police, but that he did not report that to the bar on his application for admission because he believes "there is no record of that incident anywhere." You remember that the bar application asks whether the applicant has ever been arrested.
Question 11 options:

A. Ephram has violated the Model Rules of Professional Conduct.

B. You have a duty to report Ephram's cover-up to the bar.

C. Ephram and you have both violated a Model Rule of Professional Conduct, if you take no action.

D. (b) and (c).
Question 12 (1 point)
Howard is a real estate attorney who represents Incomm, Inc., a real estate development corporation engaged in building and selling beachfront condominiums. Howard typically prepares the condominium documents and closes the real estate purchases and sales required for Incomm's business. Ike, an employee of Incomm, tells Howard in the course of the legal representation, that the most recent condominium that Incomm built and sold, with which Howard was involved, is built on an environmental hazard that Incomm refused to remove. The environmental hazard is one that Howard is aware could cause severe birth defects, cancer, and other autoimmune disorders among the residents of the condos. The Environmental Protection Agency notified Incomm of the hazard and required it to be removed, but Ike falsified documents in order to satisfy the EPA and did not actually remove the hazard. Howard is aware of the falsified documents as well. Under the Model Rules:
Question 12 options:

A. Howard has a duty to reveal Ike's falsification and cover-up to the EPA.

B. Howard is permitted to reveal Ike's falsification and cover-up to the EPA.

C. Howard is required to reveal Ike's falsification and cover-up to the board of directors of Incomm Corporation.

D. Howard is required not to reveal Ike's falsification and cover-up to the EPA because of the duty of confidentiality.
Question 13 (1 point)
Kaufman and Peters were at a cocktail party together. Kaufman, a software analyst for a large company, was introduced to Peters, an attorney, by a mutual friend and immediately engaged Peters in conversation about his job woes, saying “I need an attorney. Maybe you can help me.” In the course of this conversation, Kaufman asked Peters whether or not Peters thought he had a good cause of action against his employer for racial discrimination. Peters replied, “No, based on what you are telling me, it sounds like a real loser argument. I would just forget about it and find another job.” As it turns out, Peters is a general practitioner without specialized knowledge in employment discrimination cases. Unbeknownst to Peters, two weeks before the party the Supreme Court reversed its position on an issue in this area of the law, thus making Kaufman’s case a viable one. Kaufman relies on Peters’ advice and forgets about suing until it is too late to bring a claim and his claim becomes time-barred. A year later, Kaufman finds out from a second attorney, Nell, that he could indeed have brought a racial discrimination case against his employer if only he had not waited too long to sue.

Question 13 options:

A. Peters has a duty of competence to Kaufman.


B. Peters has no duty of competence to Kaufman.


C. Peters has a duty of competence to Kaufman only if Kaufman retained Peters as his attorney in the racial discrimination matter.


D. Peters has a duty of competence to Kaufman only if Kaufman paid Peters for the advice.

Question 14 (1 point)
Howard is an experienced criminal defense attorney who is representing one of two criminal co-defendants, Abe and Bo, in a felony murder case. Abe and Bo were engaged in an armed robbery of a store when one of them shot and killed the store manager; however, it is unclear who pulled the trigger. Howard represents Bo. Abe says that Bo did it and tells Howard in confidence, at a time when Bo was not present, that Bo intends to perjure himself on the stand and deny that he pulled the trigger. Howard knows that Bo pulled the trigger. If Bo had already testified falsely in the case when Howard discovered through Abe that Bo had lied, then:

Question 14 options:

A. Howard is required to persuade Bo to correct his testimony to make it truthful.


B. Howard is required to withdraw from representing Bo.


C. Howard may not notify the court that Bo perjured himself.


D. Howard is required to request that the court use the narrative approach to present Bo’s testimony at trial.

Question 15 (1 point)
Lawyer Marianne represents a plaintiff in a civil matter. Another lawyer in her firm, Maven, was one of two witnesses to a deed involved in the lawsuit and is expected to be called as a witness to testify as to the fact of the document's signing if the matter goes to trial.
Question 15 options:

A. Marianne has violated a Model Rule of Professional Responsibility if she continues to represent this plaintiff in this matter.

B. Maven will violate a Model Rule of Professional Responsibility if she testifies in this matter.

C. Marianne has not violated any rule of professional responsibility in her actions, assuming the testimony is not adverse to the client.

D. This arrangement is valid as long as Marianne's client gives informed consent, confirmed in writing.
Question 16 (1 point)
One day last week, an ambulance driver ran into Harold, a plaintiff's attorney, at the local Burger King. He told Harold about a horrible car wreck he responded to on Interstate I-10 the day before. Harold asked him the names of the victims and the hospital the ambulance took him to. When the ambulance driver told him the information he requested, he reached in his pocket and gave him $5, thanking him for the referral. On these facts, which of the following are true statements?
Question 16 options:

A. Harold is not subject to discipline if he wrote the accident victim a letter soliciting professional employment if the envelope contained the words "Advertising Material."

B. Harold is subject to discipline for giving the ambulance driver $5.

C. Harold is subject to discipline if he visited the accident victim in the hospital in order to solicit professional employment, unless Harold called the accident victim first to state that he would like to represent the accident victim and the accident victim said he could come by.

D. Only A. and B. are true.
Question 17 (1 point)
Terry and Sarah, two attorneys in different law firms, have been dating for a year now. They decide it would be fun to work together on a case, so Sarah suggests to the next divorce client that comes into Sarah's office that she allow Sarah to engage Terry on the case as "associated counsel" and the client agrees. Terry is an environmental lawyer but has always wanted to learn how to do divorces and sees this as a great learning opportunity. The client signs a written fee agreement with Sarah that authorizes Sarah to hire Terry to work on the case for a flat fee of 5% of the total amount of legal fees that Sarah charges for the matter. Sarah does approximately two-thirds of the work on the case, and Terry, who is still learning, does approximately one-third of the work on the case. Sarah and the client agree that the client will pay $150 per hour for legal services and the client and Sarah cap the total legal fees at a maximum of $10,000. The fee agreement is signed by the client. This fee arrangement is:
Question 17 options:

A. Proper.

B. Improper because fee-splitting in domestic relations matters is prohibited.

C. Improper because contingent fee arrangements in domestic relations matters are prohibited.

D. Improper because Terry will not be doing 5% of the work on the case.
Question 18 (1 point)
Orca is a newly admitted attorney, eager for clients. He prints up a firm brochure for his solo practice in order to market his business. Which of the following is correct?
Question 18 options:

A. Orca cannot visit the hospital on a weekly basis in order to distribute his firm brochure to accident victims in the hospital.

B. Orca can send his brother to visit the hospital patients and distribute his brochure for him.

C. Orca cannot call his existing clients and encourage them to come in for a legal "checkup."

D. Orca cannot send his brochure by direct mail to elderly residents of nursing homes in order to solicit estate planning business, even if it is marked on the outside envelope as "Advertising Material."
Question 19 (1 point)
Samsa is a workman's compensation attorney who works on an hourly basis on small cases. She receives a settlement check for $15,000 from the insurer of the former employer of her client, Harold, in settlement of Harold's claim against his former employer. She has earned $3,000 in legal fees so far on Harold's case, but Harold is disputing her bill because she only worked on the case for two weeks before reaching settlement. Samsa deposits the check in her trust account and withdraws $3,000 for her fees and deposits it in her personal business account for her own personal use. Which is most correct?
Question 19 options:

A. She has violated a Model Rule of Professional Conduct by commingling the client's funds with her own.

B. She has violated a Model Rule of Professional Conduct by depositing a settlement check into her trust account.

C. She has violated a Model Rule of Professional Conduct by withdrawing the $3,000 for fees from her trust account.

D. She has not violated a Model Rule of Professional Conduct.
Question 20 (1 point)
Ace is a newly admitted lawyer, fresh out of law school. Ace's mother's best friend is at death's door, and she asks Ace to prepare her will for her. She wants to include Ace in her will and leave him $1,000. Which is most correct?
Question 20 options:

A. Ace is subject to discipline for drafting the will leaving $1,000 to him.

B. Ace can suggest that she transfer her car title to him instead of leaving him $1,000 in her will.

C. Ace can draft the will leaving $1,000 to his mother, with the unwritten understanding that she will pay it over to Ace upon the client's death.

D. Ace can prepare a document transferring the title of the client's car to him instead of the bequest in the will.
Question 21 (1 point)
Suppose you and your friend, Nancy, are both admitted to practice by the state bar. Nancy confides in you that her most recent criminal defense client, a drug dealer, and she have, for the past, year, engaged in a business deal in which her client agreed to split his drug dealing profits with her in exchange for her legal services in creating a legal business to "launder" his drug dealing profits. You:
Question 21 options:

A. Must voluntarily tell the state bar of Nancy's actions.

B. Have violated a Model Rule of Professional Conduct only if you assist Nancy in concealing her business arrangement with her client from the bar.

C. Have no duty to do anything in this situation.

D. Should remind Nancy of the rules requiring certain conditions to be met before an attorney engages in a business transaction with a client.
Question 22 (1 point)
After both parties had completed the presentation of evidence and arguments in a case in the state court in Georgia, Judge took under advisement a case tried in Judge's court without a jury in which Attorney had represented Plaintiff. The case involved a novel issue of law for which there was very little case law. After the case was under advisement for several weeks, Attorney heard rumors that Judge was having difficulty making a ruling due to the lack of governing legal authority. The next day, Attorney became aware that the Georgia Supreme Court had rendered a brand new ruling in a case on the exact same issue that Judge was trying to determine. The next day, Attorney shared an elevator with Judge at the local bar luncheon. Attorney told Judge that he might want to have his law clerk check out the recent Georgia cases, because there was one that might help the Judge make a ruling in their case. Thereafter Judge rendered a ruling based on the new case. Was it proper for Attorney to communicate with judge?
Question 22 options:

A. Yes, because attorneys have a duty to inform the court if a new case that is controlling precedent comes out while the judge is deciding her ruling in a case.

B. Yes, because Attorney did not make any suggestions as to how Judge should decide the matter.

C. No, because Attorney communicated with Judge on a pending matter outside the presence of opposing counsel.

D. No, because Attorney caused Judge to consider new case law in a case that had been taken under advisement.
Question 23 (1 point)
Justice Judy is a judge on the Intermediate Court of Appeals. In which of these situations would it be PROPER for Justice Judy to hear the case without making a full disclosure to the parties?
Question 23 options:

A. In a bad faith case against a health insurance company, Justice Judy passionately despises the petitioner insurance company because it refused to cover certain medical treatments during her dying daughter's final illness.

B. In a breach of contract case, Justice Judy's nephew is the lawyer for the defendant.

C. In a personal injury case, Justice Judy's sister-in-law is the CEO of the corporate defendant.

D. In a condemnation case, one of Judy's former law partners represents the owner of the property that was taken for public use. The condemnation case started long after Judge Judy left law practice for the bench.
Question 24 (1 point)
Lawyer Lee is engaged in general civil litigation. She practices in a three person firm, but neither of her partners does any litigation work. Lee's specialty is federal securities litigation, in which she represents corporate shareholders who claim to have been injured by a corporation's failure to disclose information fully and accurately in documents filed with the Securities and Exchange Commission. Lee has a major securities case set for trial in federal court three months from now. She represents the plaintiff shareholders on a contingent fee basis, and she has advanced all of the litigation expenses in the case. She has been working hard on the case for the past five years, and thus far she hasn't earned a dime from it. The trial date is absolutely firm. Between now and then, Lee will have to work from 12 to 16 hours a day, at least six days a week, getting the case ready for trial. This afternoon, Lee receives a phone call from the presiding judge of the state trial court in her town, asking her to represent an indigent young man, Dale, in a civil paternity case that is set for a three-day trial week after next. (In a civil paternity case, the mother of a child born out of wedlock sues the suspected father to establish that he is indeed the father and is therefore required to help support the child.) The state trial court has no funds with which to pay fees (or even reimburse expenses) to lawyers who are appointed to represent indigent defendants in civil paternity cases. Assuming that each of the following responses is truthful, which one of them would make Lawyer Lee subject to discipline?
Question 24 options:

A. Your Honor, I must decline because it would impose an unreasonable financial burden on me to take the case at this time - I'm working day and night to get ready for a federal securities trial that is set to start in three months.

B. I am very sorry, Your Honor, but I do not accept uncompensated court appointments.

C. I am working day and night for the next three months getting ready for a federal securities trial, Your Honor. I couldn't do a competent job in the paternity case without violating my duty to my clients in the other case, but please keep me on your list for later, Your Honor.

D. I am very sorry, Your Honor, but Dale grew up in my neighborhood, and he is so totally repugnant to me that I could not possibly defend him effectively.
Question 25 (1 point)
Three years ago, Judy served as a judge in county court and heard the case of Al vs. Zoe in which Al prevailed and a verdict in favor of Al for $50,000 was entered. Since then, Judy has resigned from the bench and returned to private practice. Zoe approaches Judy's law firm to represent him in defending Al's collection lawsuit to enforce the judgment against Zoe. Which is most correct?
Question 25 options:

A. Judy's firm may defend Zoe in this later lawsuit as long as Judy is timely screened from the matter and receives no part of the fees therefrom and the parties and new judge are given written notice of the situation.

B. Judy's firm may not defend Zoe in this later lawsuit because Judy was the judge who presided over the original lawsuit.

C. Judy may defend Zoe in this later lawsuit if all parties to the proceeding give informed consent to the representation, confirmed in writing.

D. (A) and (C), above.
Question 26 (1 point)
Lucy Lawyer recently graduated from law school and passed the bar exam. During law school, Lucy decided that she wanted to be a property lawyer. To ensure that she was properly prepared to meet all of her clients property needs, Lucy attempted to make herself an expert in that field. Lucy took Property, Oil and Gas, Real Estate Law, Decedent Estates, and all other property courses offered by her law school, obtaining a grade of A in each course. Lucy wrote her third year seminar paper on a property topic, as well as a note for the University's law review. All the other students in the law school asked for Lucy's property outlines and requested to be in her study groups. Lucy even attended summer school at other law schools that offered different property courses, all with the desire to give herself a field of expertise. Lucy considers herself an expert on property law. Lucy will open her own law firm that only handles property cases. She has recently put in an order for business cards. Which of the following statements may she ethically place on her business cards?

1. Lucy Lawyer Law Firm, meeting all your property needs!!

2. Lucy Lawyer, Property Law Firm.

3. Lucy Lawyer, certified property law specialist.

4. Lucy Lawyer, practice limited to property law.

Question 26 options:

A. All are ethical.


B. Only 2 is unethical.


C. Only 3 is unethical.


D. Only 4 is unethical.

Question 27 (1 point)
Lou is a member of the Florida Bar and is also a licensed attorney in Colorado. Lou was recently disciplined in Colorado for assisting a client with a fraudulent transaction by affirming in a legal opinion letter a financial statement he knew to be false.

Is Lou subject to discipline in Florida for so doing?

Question 27 options:

A. Yes, because his actions involve dishonesty and misrepresentation.


B. No, because the incident occurred in Colorado.


C. Yes, but only if he is convicted of a criminal offense in Colorado.


D. No, because his action did not involve the state of Florida.

Question 28 (1 point)
Jerry is an attorney who is attempting to establish his practice in his hometown of Snellville. He would like to advertise his practice as “Snellville Legal Clinic.” Which of the following would be proper for Jerry to do?

Question 28 options:

A. Jerry may not practice law using this trade name because it could mislead clients into thinking he is a public legal aid agency.


B. Jerry may use the trade name as long as he practices in the areas of consumer rights, tenants rights, and elder law.


C. Jerry may use the trade name if he includes a disclaimer that makes it clear that his practice is not a public legal aid agency.


D. Jerry may use the trade name as long as the practice specializes in providing legal services to low-income clients.

Question 29 (1 point)
Terry, a civil litigator, currently represents Canon Bank in all of its civil litigation. His law partner, Tessa, has been approached by Steve Smith, an individual and former employee of Canon Bank, who wants to sue the bank for wrongful discharge (he was fired; this is a civil lawsuit). If filed, Terry would represent Canon Bank in this action. Tessa:

Question 29 options:

A. Cannot represent Steve against the bank.


B. Can represent Steve against the bank only if she is timely “screened” from participation in the firm’s representation of the bank and is apportioned no part of the fee therefrom.


C. Can represent Steve against the bank if both parties give their informed consent, confirmed in writing, to the representation.


D. Can represent Steve against the bank because it is not the “same litigation.”

Question 30 (1 point)
Attorney Hassler has tried many cases before Judge Kori. Hassler does not like Judge Kori and believes that his friend, Attorney Anders, would make a better judge. Hassler wants to contribute $500 to Anders' campaign to be elected as judge, to help elect Anders and defeat Kori.
Question 30 options:

A. Hassler may contribute $500 to Anders personally for his campaign.

B. Hassler may contribute $500 to Anders for his campaign as long as it is done anonymously.

C. Hassler may contribute $500 to Anders for his campaign only if he gives it to a committee formed to further Anders' campaign.

D. Hassler may not contribute $500 to Anders for his campaign because Hassler regularly appears before the court to which Anders seeks election.

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