CP Professional and Ethical Responsibility Questions and Answers

Question 1

A paralegal works for a law firm representing Company A in a contract dispute against Company B.
The paralegal's spouse is an accountant at Company B.
The paralegal's duties on the case are purely administrative and do not involve substantive legal work.
What is the paralegal's primary ethical obligation in this situation?

Accepted Answer

Disclose the potential conflict of interest to the supervising attorney immediately.

Answer

Continue working on the case, as the duties are only administrative.

Answer

Advise the spouse to resign from Company B to avoid any appearance of impropriety.

Answer

Request a transfer to a different department within the law firm without explaining why.

Question 2

A supervising attorney asks a paralegal to draft a simple will for a new client based on a standard firm template. The attorney is out of the office and tells the paralegal to meet with the client, fill in the details, have the client sign it, and arrange for witnesses. Which part of this instruction constitutes the unauthorized practice of law (UPL) for the paralegal?

Accepted Answer

Overseeing the client's execution of the will without direct attorney supervision.

Answer

Drafting the will using a firm-approved template.

Answer

Arranging for the witnesses to be present for the signing.

Answer

Meeting with the client to fill in the factual details on the template.

Question 3

According to the NALA Code of Ethics, what is the primary ethical principle underlying the requirement for paralegals to pursue continuing legal education (CLE)?

Accepted Answer

To maintain a high degree of competence and integrity.

Answer

To increase the paralegal's billing rate and firm profitability.

Answer

To satisfy the requirements of the state bar association.

Answer

To allow for networking opportunities with other legal professionals.

Question 4

A paralegal receives a check from a client as an advance for future legal fees and court filing costs. The law firm maintains both a general operating account and an IOLTA (Interest on Lawyers' Trust Accounts). What is the correct procedure for the paralegal to follow?

Accepted Answer

Deposit the entire amount into the IOLTA account.

Answer

Deposit the check into the firm's general operating account and transfer funds to the IOLTA as costs are incurred.

Answer

Cash the check and keep the funds in a secure office safe until they are needed.

Answer

Deposit the portion for legal fees into the operating account and the portion for costs into the IOLTA.

Question 5

Which of the following activities is ethically permissible for a paralegal to perform under the supervision of an attorney?

Accepted Answer

Interviewing a potential client and drafting a complaint for the attorney's review and signature.

Answer

Representing a client at a deposition.

Answer

Negotiating settlement terms directly with opposing counsel.

Answer

Providing an opinion to a client on the likelihood of success on appeal.

Question 6

A paralegal is working on a sensitive corporate merger case. While having lunch with a friend who is also a paralegal at a different firm, the paralegal discusses the challenges of the case in hypothetical terms, without mentioning the names of the companies involved. This action is:

Accepted Answer

Unethical, because it violates the duty of confidentiality.

Answer

Ethical, because no client names or identifying details were mentioned.

Answer

Ethical, because the friend is also a paralegal and bound by confidentiality.

Answer

Unethical, but only if the friend is able to guess the identities of the clients.