Ethics, Confidentiality & Professional Responsibility Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Ethics, Confidentiality & Professional Responsibility flashcards as text
An attorney instructs a paralegal to backdate a contract to help a client avoid liability. The paralegal should:
Answer: Refuse and document the refusal in writing
A paralegal must refuse to participate in fraudulent or illegal conduct, and documenting the refusal protects the paralegal if the matter is later investigated.
The ACP Code of Ethics requires that paralegals:
Answer: Maintain competency through continuing legal education
The ACP Code of Ethics requires paralegals to maintain and improve their competency through continuing education and professional development.
Which exception to the attorney-client privilege allows disclosure of confidential information to prevent a client from committing a crime likely to result in death or substantial bodily harm?
Answer: The future crime exception
The future crime exception (recognized in many jurisdictions) permits—and sometimes requires—disclosure when a client intends to commit a crime likely to cause death or serious bodily injury.
A paralegal's supervising attorney asks them to sign pleadings on the attorney's behalf without the attorney reviewing them. This practice is:
Answer: Impermissible and constitutes unauthorized practice of law
Signing pleadings is a legal act reserved for licensed attorneys; a paralegal doing so without attorney review constitutes unauthorized practice of law regardless of certification.
Which of the following best illustrates an impermissible fee arrangement for a paralegal?
Answer: Receiving a percentage of the recovery in a contingency case as their compensation
Paralegals may not share in legal fees or receive a percentage of a case recovery, as fee splitting with non-attorneys is prohibited under professional conduct rules.
Metadata in electronic documents sent to opposing counsel can reveal confidential attorney-client communications. A paralegal's ethical duty regarding metadata is to:
Answer: Scrub metadata before transmission to avoid inadvertent disclosure
Paralegals have an ethical duty to scrub metadata from electronic documents prior to transmission to prevent inadvertent disclosure of privileged or confidential information.
A client tells a paralegal that they plan to commit perjury at trial. The paralegal's immediate duty is to:
Answer: Encourage the client to testify truthfully and immediately inform the supervising attorney
A paralegal who learns a client intends to commit perjury must counsel against it and immediately report the situation to the supervising attorney who has duties to the tribunal.