CLA/CP Professional and Ethical Responsibility Questions and Answers Flashcards

A paralegal receives a subpoena for client files while the supervising attorney is on vacation. What is the appropriate course of action?

Answer: Contact another attorney in the firm to handle the response

When the supervising attorney is unavailable, the paralegal should immediately involve another attorney in the firm to evaluate the subpoena and protect client privileges.

A paralegal suspects that a client is providing fabricated documents to support their case. What ethical obligation does the paralegal have?

Answer: Inform the supervising attorney of the concerns about the documents

A paralegal must bring concerns about potentially fraudulent evidence to the supervising attorney, who can then determine the appropriate ethical and legal response.

Which scenario would most likely create a conflict of interest requiring a paralegal to be screened from a matter?

Answer: The paralegal had substantive involvement in the same matter while employed at a prior firm

A paralegal who had substantive involvement in a matter at a prior firm possesses confidential information that creates a direct conflict requiring an ethical screen at the new firm.

Under ethical guidelines, when may a paralegal use the title 'paralegal' or 'legal assistant' on a business card?

Answer: At any time, as long as the title accurately reflects their role and does not mislead the public

Paralegals may use professional titles that accurately describe their role, provided the title does not mislead anyone into believing the paralegal is a licensed attorney.

A client emails the paralegal directly, asking for an opinion on the likely outcome of their pending motion. How should the paralegal respond?

Answer: Respond that they cannot provide legal opinions and will have the attorney follow up

Predicting case outcomes constitutes legal advice, which only attorneys may provide; the paralegal should decline and arrange for attorney follow-up.

What is the primary purpose of requiring paralegals to disclose their non-attorney status when communicating with clients, witnesses, or third parties?

Answer: To ensure the person understands they are not receiving advice from a licensed attorney

Disclosure of non-attorney status ensures that anyone interacting with the paralegal understands they are not communicating with a licensed attorney and should not rely on the paralegal for legal advice.