Paralegal Advanced Competency Exam (PACE) Practice Exam

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What does it mean for a lawyer's disqualification to be vicarious?

  1. Only the lawyer is disqualified

  2. All lawyers in the firm are disqualified

  3. The client becomes disqualified

  4. Lawyers in a different firm are disqualified

The correct answer is: All lawyers in the firm are disqualified

When a lawyer's disqualification is described as vicarious, it means that the disqualification extends beyond the individual lawyer to all lawyers within the same firm. This principle is rooted in the idea that clients have the right to expect confidentiality and loyalty from their legal representatives. If one lawyer in a firm has a conflict of interest that leads to disqualification, other lawyers in that firm are considered to be too closely connected to the situation to represent the client without the same issues arising. Therefore, the ethical obligations and potential conflicts apply to the entire firm, not just the individual lawyer in question, to maintain the integrity of the legal profession and safeguard client interests. In this context, the other choices do not accurately reflect the nature of vicarious disqualification. The disqualification is not limited to just the one lawyer, nor does it affect clients or lawyers from separate firms. Understanding this principle is crucial for recognizing the broader implications of ethical conflicts in legal practice.