ACP Ethics, Confidentiality & Professional Responsibility 3 â Questions and Answers
Question 1: An attorney instructs a paralegal to backdate a contract to help a client avoid liability. The paralegal should:
- Comply because the attorney's instructions control
- Refuse and document the refusal in writing (Correct answer)
- Backdate the document but note the discrepancy in a personal file
- Ask the client directly before deciding
Correct 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.
Question 2: The ACP Code of Ethics requires that paralegals:
- Obtain a law degree within five years of certification
- Maintain competency through continuing legal education (Correct answer)
- Refrain from joining professional associations
- Bill clients at the same rate as supervising attorneys
Correct 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.
Question 3: 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?
- The crime-fraud exception
- The future crime exception (Correct answer)
- The self-defense exception
- The work product exception
Correct answer: The future crime exception
The future crime exception (recognized in many jurisdictions) permitsâand sometimes requiresâdisclosure when a client intends to commit a crime likely to cause death or serious bodily injury.
Question 4: A paralegal's supervising attorney asks them to sign pleadings on the attorney's behalf without the attorney reviewing them. This practice is:
- Acceptable if the paralegal is ACP-certified
- Permissible in federal court only
- Impermissible and constitutes unauthorized practice of law (Correct answer)
- Allowed if the client consents in writing
Correct 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.
Question 5: Which of the following best illustrates an impermissible fee arrangement for a paralegal?
- Being paid an hourly salary by a law firm
- Receiving a percentage of the recovery in a contingency case as their compensation (Correct answer)
- Being billed out to clients at a higher rate than their salary
- Earning a bonus based on overall firm profitability
Correct 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.
Question 6: Metadata in electronic documents sent to opposing counsel can reveal confidential attorney-client communications. A paralegal's ethical duty regarding metadata is to:
- Send documents as-is since metadata removal is the opposing party's responsibility
- Scrub metadata before transmission to avoid inadvertent disclosure (Correct answer)
- Disclose all metadata to promote transparency
- Only remove metadata if the client specifically requests it
Correct 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.
Question 7: A client tells a paralegal that they plan to commit perjury at trial. The paralegal's immediate duty is to:
- Encourage the client to testify truthfully and immediately inform the supervising attorney (Correct answer)
- Keep the information confidential and do not tell the attorney
- Withdraw from the case personally without telling anyone
- Advise the client on how to phrase their false testimony to avoid detection
Correct 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.
ACP Ethics, Confidentiality & Professional Responsibility 3
An attorney instructs a paralegal to backdate a contract to help a client avoid liability.
The paralegal should: