Ethics and Professional Responsibility Flashcards

What is the unauthorized practice of law (UPL) and why must paralegals be aware of it?

Answer: Performing legal tasks only licensed attorneys may perform, which paralegals must avoid

UPL occurs when a non-attorney gives legal advice, represents clients in court, or sets legal fees.

What is the attorney-client privilege and how does it extend to paralegals?

Answer: Protects confidential communications and extends to paralegals working under attorney supervision

Attorney-client privilege protects confidential communications for legal advice and extends to paralegals as agents of the attorney.

According to NALA guidelines, what must a paralegal do upon discovering a conflict of interest?

Answer: Immediately disclose it to the supervising attorney

A paralegal must immediately report potential conflicts to the supervising attorney for appropriate action.

What is an ethical wall in a law firm?

Answer: Screening procedures isolating a person from a case to prevent conflicts or improper disclosure

An ethical wall consists of screening procedures preventing a conflicted individual from accessing a case.

What obligation does a paralegal have regarding client trust accounts?

Answer: Understanding that client funds must be kept separate and never commingled with firm funds

Client funds must always be kept separate from the firm's operating funds; commingling is a serious violation.

What is the paralegal's duty regarding competence under the NALA Code of Ethics?

Answer: Maintain competence through continued education and professional development

NALA requires paralegals to maintain high competence through continuing education and staying current.