Question 8-1 (p. 796)
The dominant conception of the lawyer's role:
o rejects role morality.
o endorses moral accountability.
o endorses moral nonaccountability.
o views a lawyer primarily as an officer of the court.
Question 8-2 (p. 797)
Role morality requires lawyers to take actions that are immoral
under ordinary morality.
o True
o False
Question 8-3 (p. 797)
Which of the following is NOT a justification for the hired gun role?
o The adversary system.
o The traditional understanding of professionalism
o Client autonomy.
o Democracy and access to law.
Question 8-4 (p. 799)
The Preambles to the Canons and the Code emphasize the lawyer's
responsibilities to his or her client.
o True
o False
Question 8-5 (p. 799)
The original understanding of the lawyer's role in the United States
was that of the European guild.
o True
o False
Question 8-6 (p. 799)
The Rules:
o require lawyers to be amoral partisans.
o prohibit lawyers from being amoral partisans.
o permit lawyers discretion to choose whether to be
morally responsible or an amoral partisan.
Question 8-7 (p. 800)
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:
o to suggest that she consider talking to her parents.
o to suggest that she consider alternatives to abortion.
o to suggest that she consider the moral pros and cons of
her decision
o none of the above.
Question 8-8 (p. 800)
The Tennessee ethics opinion is consistent with Rule 2.1.
o True
o False
Question 8-9 (p. 800)
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:
o increasing business-like behavior by lawyers
o law schools' disdain of law practice and legal ethics.
o the trend toward greater emphasis on individualism.
o the increasing diversity of the legal profession.
Question 8-10 (p. 800)
The adversary system approach to justice resembles market theory
in that it:
o rejects moral relativism.
o distributes justice equally.
o always favors the wealthy.
o assumes that facilitating the pursuit of individual selfinterest is best for society
Question 8-11 (p. 815)
Which of the following statements is true?
o The Rules prohibit morally responsible lawyering
o The Rules require morally responsible lawyering
o The Rules permit a lawyer's discretion to be morally
responsible in deciding whether to represent a client,
counsel a client,
o and deciding whether to withdraw from representing a
client.
Question 8-12 (p. 815)
Which of the following statements is true?
o Both David Luban and William Simon urge lawyers to
bring extralegal morality into their work.
o Neither David Luban nor William Simon urge lawyers to
bring extralegal morality into their work.
o David Luban urges lawyers to bring extralegal morality into
their work.
o William Simon urges lawyers to bring extralegal morality
into their work.
Question 8-13 (p. 816)
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?
o David Luban
o William Simon
o Both David Luban and William Simon
o Neither David Luban nor William Simon
Question 8-14 (p. 827)
Which of the following is true?
o Catherine MacKinnon and Carrie Menkel-Meadow define a
feminist lawyer as primarily a supporter of women's causes.
o Catherine MacKinnon defines a feminist lawyer as
primarily a supporter of women's causes
o Carrie Menkel-Meadow defines a feminist lawyer as
primarily a supporter of women's causes
o Neither Catherine MacKinnon nor Carrie Menkel-Meadow
define a feminist lawyer as primarily a supporter of
women's causes
Question 8-15 (p. 827)
Carrie Menkel-Meadow's approach to feminist lawyering relies
primarily upon:
o women's rights
o women's support for individualism
o women's understanding of relationships
o women's superiority to men
Question 8-16 (p. 828)
Under Menkel-Meadow's approach, a man could be a feminist
lawyer.
o True
o False
Question 8-17 (p. 828)
Menkel-Meadow suggests that feminist lawyering has implications
for:
o the lawyer-client relationship
o ethics rules
o the legal workplace
o all of the above
Question 8-18 (p. 837)
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.
o True
o False
Question 8-19 (p. 837)
Under all of Professor Allegretti's models, a Christian lawyer must
bring her religious values into her work as a lawyer.
o True
o False
Question 8-20 (p. 837)
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?
o Litigation
o Corporate transactions
o Securities Regulation
o Trust and Estates
Question 8-21 (p. 837)
According to Professor Russell Pearce, all the streams of Judaism:
o agree that a Jew must bring her religion into her work.
o agree that a Jew must bring her religion into her work but
only to the extent of observing Jewish holidays.
o reject the notion that a Jew must bring her religion into her
work.
o take different positions with regard to the basic principle
that a Jew must bring her religion into her work.
Question 8-22 (p. 838)
Professor Robert Vischer identifies the following as irrefutable
objections to religious lawyering:
o the threat to client autonomy
o the threat to publicly accessible norms
o the threat of illiberal communities
o All of the above
Question 8-23 (p. 873)
Anthony Griffin argues that:
o as an African-American he had an obligation to represent
the Klan.
o as an African-American he had an obligation to refuse to
represent the Klan.
o his being African-American was irrelevant to his decision to
represent the Klan.
Question 8-24 (p. 873)
According to David Wilkins, African-American lawyers:
o should place their professional obligations above their racial
obligation.
o should place their racial obligation above their professional
obligation.
o should reconcile their professional and racial obligations.
o have no legitimate racial obligation.
Question 8-25 (p. 874)
David Wilkins argues that in the O.J. Simpson trial:
o Johnnie Cochran appropriately navigated racial and
professional obligations.
o Christopher Darden appropriately navigated racial and
professional obligations.
o Both Cochran and Darden appropriately navigated racial
and professional obligations.
o Neither Cochran nor Darden appropriately navigated racial
and professional obligations.
Question 8-26 (p. 874)
David Wilkins concludes that Robert Johnson managed his
opposition to the death penalty:
o more appropriately than Robert Morgenthau.
o just as appropriately as Robert Morgenthau
o less appropriately than Robert Morgenthau.
Question 8-27 (p. 891)
In the 1960s, Erwin Smigel found that big firm lawyers viewed
their role as closer to that of the:
o Civics teacher
o Hired gun
Question 8-28 (p. 892)
Proponents of the lawyer as civics teacher argue that lawyers are
properly civics teachers because they are necessarily more
virtuous than non-lawyers.
o Yes
o No
Question 8-29 (p. 892)
Proponents argue that lawyers are civics teachers:
o because descriptively they serve that function
o because normatively they should serve that function
o both A and B
o neither A nor B
Question 8-30 (p. 892)
A lawyer acting as civics teacher would always:
o spy on her client for the government
o be a hired gun because the system requires it
o explain the spirit of the law as well as the letter
o impose her values on the client
Question 8-31 (p. 892)
Both perspectives on the lawyer as civic teacher require moral
counseling.
o True
o False
Question 8-32 (p. 892)
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:
o object to the lawyer as civics teacher
o welcome the lawyer as civics teacher
o be indifferent to the lawyer as civics teacher
Question 8-33 (p. 909)
If I had to choose one perspective for my role as lawyer, I would
choose:
o hired gun
o moral advocate
o feminist lawyer
o racial justice lawyer
o religious lawyer
o civics teacher