CP CP Ethics & Professional Responsibility 2 — Questions and Answers
Question 1: A paralegal who holds themselves out to the public as an attorney is subject to which California criminal statute?
- California Business and Professions Code § 6125 (Correct answer)
- California Penal Code § 148.9
- California Corporations Code § 17000
- California Health & Safety Code § 11350
Correct answer: California Business and Professions Code § 6125
California Business and Professions Code § 6125 makes it a misdemeanor to practice law without a license, which includes falsely claiming to be an attorney.
Question 2: A California paralegal's required continuing legal education (CLE) under § 6450 is:
- 4 hours every two years, including 1 hour of ethics
- 10 hours every three years, including 4 hours of legal ethics (Correct answer)
- No requirement exists for paralegals
- 12 hours per year in any legal topic
Correct answer: 10 hours every three years, including 4 hours of legal ethics
California § 6450(c) requires paralegals to complete 4 hours of mandatory CLE in legal ethics and 6 hours in any legal field every three years.
Question 3: The concept of 'competence' for a California paralegal primarily means:
- Passing the CP certification exam annually
- Possessing and applying the knowledge and skill appropriate to the assigned tasks (Correct answer)
- Billing at least 1,800 hours per year
- Membership in the California Alliance of Paralegal Associations
Correct answer: Possessing and applying the knowledge and skill appropriate to the assigned tasks
Competence requires that a paralegal possess the knowledge, skill, thoroughness, and preparation reasonably necessary for each task assigned.
Question 4: When a paralegal receives a phone call from opposing counsel while the supervising attorney is unavailable, the paralegal should:
- Discuss the merits of the case to maintain good relations
- Take a message and have the attorney return the call (Correct answer)
- Negotiate a settlement if authorized in writing
- Refuse to speak with opposing counsel under any circumstances
Correct answer: Take a message and have the attorney return the call
Communications with opposing counsel on substantive legal matters should be handled by the supervising attorney; the paralegal should take a message.
Question 5: A paralegal who inadvertently receives a privileged document from opposing counsel should first:
- Read it thoroughly before deciding what to do
- Immediately notify the supervising attorney without reviewing the document further (Correct answer)
- Destroy the document to protect the opposing party
- File the document in the case folder
Correct answer: Immediately notify the supervising attorney without reviewing the document further
Upon inadvertently receiving privileged materials, the paralegal must stop reading and immediately notify the supervising attorney so proper procedures can be followed.
Question 6: Which of the following best describes a paralegal's duty of candor regarding their status?
- Paralegals need not identify themselves as long as they are supervised
- Paralegals must clearly identify themselves as paralegals, not attorneys, to clients and third parties (Correct answer)
- Paralegals may use the title 'legal advisor' as a courtesy title
- Paralegals are only required to disclose their status in court
Correct answer: Paralegals must clearly identify themselves as paralegals, not attorneys, to clients and third parties
Paralegals must always identify themselves clearly as paralegals to avoid misleading clients or third parties into thinking they are licensed attorneys.
CP CP Ethics & Professional Responsibility 2
A paralegal who holds themselves out to the public as an attorney is subject to which California criminal statute?