Ethics, Confidentiality & Professional Responsibility Flashcards

A paralegal discovers that a supervising attorney has been billing clients for work the paralegal never performed. What is the paralegal's primary ethical obligation?

Answer: Bring it to the attention of another supervising attorney or firm management

Paralegals must report attorney misconduct through appropriate internal channels, such as another supervising attorney or firm management, before considering external reporting.

Under the NALA Model Standards, which of the following best describes the scope of permissible paralegal work?

Answer: Paralegals perform substantive legal work under attorney supervision and may not give legal advice

NALA standards hold that paralegals perform substantive legal work under attorney supervision but are prohibited from giving legal advice or representing clients in most proceedings.

A paralegal working on a personal injury case learns that opposing counsel has inadvertently sent privileged documents. What should the paralegal do first?

Answer: Notify the supervising attorney immediately without reviewing the documents

Upon receiving inadvertently disclosed privileged materials, the paralegal must promptly notify the supervising attorney without reviewing or using the documents.

Which concept prohibits a paralegal from representing conflicting interests of two different clients in the same matter?

Answer: Conflict of interest

Conflict of interest rules prohibit a paralegal (and the supervising attorney) from representing parties whose interests are adverse to each other in the same matter.

A paralegal changes jobs and begins working at a firm representing the defendant in a case they previously worked on for the plaintiff. What ethical doctrine applies?

Answer: Vicarious disqualification and the need for a screening wall

When a paralegal switches sides on a matter, vicarious disqualification may apply to the new firm, and a timely ethical screen (screening wall) must typically be implemented.

Which statement about the duty of confidentiality for paralegals is most accurate?

Answer: It continues indefinitely, even after the representation ends

The duty of confidentiality is perpetual and survives the end of the attorney-client relationship, including the death of the client.

A paralegal is asked by a friend to review a contract and advise whether to sign it. Providing this advice would constitute:

Answer: Unauthorized practice of law

Advising an individual on whether to sign a contract constitutes giving legal advice, which is unauthorized practice of law when done without attorney supervision.