CP Professional and Ethical Responsibility 2

Question 1

What is the Model Rules of Professional Conduct and who created it?

Accepted Answer

Ethical rules for attorneys created by the ABA, adopted in varying forms by states

Answer

The ABA Model Rules serve as the basis for ethical rules adopted by most state bar associations.

Question 2

What is ABA Model Rule 5.3 and how does it relate to paralegals?

Accepted Answer

Requires lawyers to supervise and be responsible for non-lawyer assistants including paralegals

Answer

Rule 5.3 requires lawyers who employ non-lawyer assistants to ensure their conduct is compatible with professional obligations.

Question 3

What are the NALA guidelines for paralegal utilization?

Accepted Answer

Standards defining appropriate tasks, ethical obligations, and attorney supervision requirements

Answer

NALA provides guidelines defining appropriate functions, ethical standards, and the supervision framework.

Question 4

What is the difference between a conflict of interest and an appearance of impropriety?

Accepted Answer

A conflict is an actual competing interest; an appearance exists when a reasonable person would question propriety even without actual conflict

Answer

A conflict involves actual competing duties; an appearance exists when circumstances would lead a reasonable observer to question ethics.

Question 5

What is fee splitting and why is it prohibited between attorneys and non-lawyers?

Accepted Answer

Sharing legal fees with non-lawyers, prohibited to prevent non-lawyer influence over professional judgment

Answer

Fee splitting with non-lawyers is prohibited under Rule 5.4 to protect lawyer independence.

(CP) NALA Certified Paralegal Practice Test