ACP Ethics, Confidentiality & Professional Responsibility 2 — Questions and Answers
Question 1: 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?
- Ignore it to protect their job
- Report it to the state bar directly
- Bring it to the attention of another supervising attorney or firm management (Correct answer)
- Notify the client directly
Correct 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.
Question 2: Under the NALA Model Standards, which of the following best describes the scope of permissible paralegal work?
- Paralegals may perform any legal task independently if competent
- Paralegals perform substantive legal work under attorney supervision and may not give legal advice (Correct answer)
- Paralegals may represent clients in all administrative hearings
- Paralegals may set their own fees for services rendered
Correct 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.
Question 3: A paralegal working on a personal injury case learns that opposing counsel has inadvertently sent privileged documents. What should the paralegal do first?
- Read the documents carefully and use the information
- Notify the supervising attorney immediately without reviewing the documents (Correct answer)
- Forward the documents to the client
- Destroy the documents without telling anyone
Correct 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.
Question 4: Which concept prohibits a paralegal from representing conflicting interests of two different clients in the same matter?
- Unauthorized practice of law
- Conflict of interest (Correct answer)
- Work product doctrine
- Attorney-client privilege
Correct 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.
Question 5: 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?
- Vicarious disqualification and the need for a screening wall (Correct answer)
- Dual representation exception
- The paralegal may freely work on the case after 30 days
- Work product immunity
Correct 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.
Question 6: Which statement about the duty of confidentiality for paralegals is most accurate?
- It applies only during active representation
- It expires when the client dies
- It continues indefinitely, even after the representation ends (Correct answer)
- It only covers information shared in writing
Correct 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.
Question 7: A paralegal is asked by a friend to review a contract and advise whether to sign it. Providing this advice would constitute:
- Permissible paralegal assistance
- Unauthorized practice of law (Correct answer)
- Pro bono service protected by ethical rules
- A ministerial task exempt from UPL rules
Correct 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.
ACP Ethics, Confidentiality & Professional Responsibility 2
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?