Ethics and Professional Responsibility Flashcards

Under what circumstances may a paralegal sign legal documents?

Answer: Correspondence and procedural documents if paralegal status is clearly identified, but not court filings requiring attorney signature

Paralegals may sign certain correspondence when identified as paralegals, but court filings and attorney-certified documents must be signed by the attorney.

What is the duty of candor toward the tribunal and how does it apply to paralegals?

Answer: Requires honesty with the court and prohibits false evidence, applying to paralegals as agents of the attorney

The duty of candor requires honesty in all court dealings and applies to paralegals who prepare documents and communicate for attorneys.

What are the potential consequences for a paralegal who commits an ethical violation?

Answer: Termination, civil liability, criminal charges for UPL, and loss of professional certification

Paralegals face termination, lawsuits, criminal prosecution for UPL, and certification revocation.

What does the work product doctrine protect?

Answer: Materials prepared in anticipation of litigation by a party or their representative, including paralegals

The work product doctrine protects documents prepared in anticipation of litigation, including paralegal work.

How should a paralegal handle a situation where a client asks for legal advice?

Answer: Politely explain they cannot give legal advice and refer the client to the supervising attorney

Paralegals must not give legal advice. They should identify themselves and direct the client to the attorney.

What is the paralegal's ethical obligation regarding billing practices?

Answer: Must accurately record time and never inflate hours or misrepresent tasks

Paralegals must maintain honest and accurate time records; billing fraud is a serious ethical violation.