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
A paralegal is subpoenaed to testify about conversations they had with a client while assisting the supervising attorney. This testimony is most likely protected by:
Answer: Attorney-client privilege, since the paralegal was acting as the attorney's agent
Paralegals acting as agents of the attorney are covered by the attorney-client privilege; communications made in furtherance of legal representation are protected.
A client asks a paralegal to notarize a document in a state where the paralegal is not a commissioned notary. The paralegal should:
Answer: Decline and direct the client to a licensed notary
Notarization requires a valid state commission; a paralegal without a notary commission must decline and refer the client to someone properly authorized.
Under NALA's Model Standards, a paralegal's name on a document indicating their paralegal status is intended to:
Answer: Disclose their non-attorney status to the public and avoid misleading clients
Identifying oneself as a paralegal on documents ensures transparency so clients and third parties understand the person is not a licensed attorney.
A law firm's paralegal learns that a former client, whose matter closed two years ago, is now adverse to a current client. The paralegal's primary concern should be:
Answer: Whether the paralegal possesses confidential information about the former client that could harm them
The key issue is whether confidential information from the former representation could be used to the detriment of the former client in the current adverse matter.
Which of the following actions by a paralegal would most clearly constitute unauthorized practice of law?
Answer: Appearing in court on behalf of a client and arguing motions independently
Appearing in court and arguing motions independently is the practice of law; only licensed attorneys may do so in most jurisdictions.
A paralegal working in immigration law is offered a gift valued at $500 from a grateful client whose visa was approved. The paralegal should:
Answer: Decline or consult firm policy, as accepting gifts from clients can create ethical issues
Accepting gifts from clients can create conflicts of interest and compromise objectivity; paralegals should follow firm policy, which typically prohibits or strictly limits client gifts.
Which of the following best describes 'fee splitting' as it applies to paralegals?
Answer: A paralegal receiving a share of the attorney's legal fee as compensation for referrals or case outcomes
Fee splitting occurs when a non-attorney (including a paralegal) receives a portion of the attorney's legal fee tied to referrals or case outcomes, which is prohibited under professional conduct rules.