FREE CLA/CP MCQ Questions and Answers
An attorney employs a paralegal. A first aid pamphlet with the name of the attorney office and contact details is distributed by the attorney upon hiring. Then, the paralegal is discovered giving first aid to a victim hurt in a vehicle accident. In this instance, the paralegal gives the injured individual the brochure before leaving the scene. Can the lawyer be disciplined as a result of this behavior?
Explanation:
Any conduct that is forbidden for the attorney is likewise forbidden for the paralegal, according to NALA Code, Canon 1.
An insurance provider issued a check to an attorney for the sum of a recent settlement made with the attorney's client. The lawyer hid the cheque among the papers on his desk since he had a meeting to get to and was running behind schedule. Knowing about the check, a staff member at the lawyer's office took it, faked the lawyer's signature, and cashed it while fleeing the scene. Considering the Model Rules of Professional Conduct, may the attorney in this situation be disciplined?
Explanation:
Model Rule 1.15, comment 1: "A lawyer shall hold the property of others with the care and diligence required of a professional fiduciary." "A lawyer shall hold client property. ..Model Rule 1.15(a) "Separate from the lawyer's own property."
At a law office, a paralegal is employed. The paralegal learns that certain information about the biography of one of the firm's associates that he personally wrote for the resume of the company is untrue. Would there be any repercussions for the employee?
Explanation:
"A lawyer is not allowed to communicate in a fraudulent or deceptive manner about themselves or their services. According to Model Rule 7.1, a communication is false or deceptive if it significantly misrepresents fact or law or omits information that would have prevented the statement as a whole from being materially deceptive.
Both general business law and personal damage law are practices by a lone practitioner. While handling the general law matters, she employs a paralegal to handle all the personal injury claims. The paralegal's work is overseen by the single practitioner, who also pays him a fair wage and shares in the profits from the personal injury cases. Is this behavior acceptable?
Explanation:
A certain percentage of the costs with non-attorneys cannot be paid by attorneys.
Can a paralegal accept a 40% discount on a new car since the car dealer knows him well and was a former client of the law office where the paralegal works?
Explanation:
"A paralegal is not allowed. ..NALA Code, Canon 1. "take any actions that attorneys may not take." An attorney is not permitted to conduct business with clients unless the client has sought legal counsel from an impartial attorney and has granted a written consent.
A paralegal is employed by a lawyer. The client is called by the paralegal just lost a divorce lawsuit in which he was the attorney's client. The client starts yelling at the judge and claims he was about to kill his ex-wife as the paralegal answers the phone for a trivial matter. The client once owned a gun, which the paralegal is aware of. The paralegal notifies the lawyer right away. Can the lawyer do anything to avert fatal repercussions?
Explanation:
While Model Rule 1.6(a) prohibits the disclosure of client information, this situation falls within the exception listed in Model Rule 1.6(b)(1) since it involves averting the death or physical harm of another person.
A paralegal employed by a mid-sized law firm is named Anita. She identifies herself and her last name when she first meets the customer for the interview. The client thanks her and refers to her as "an attorney" when the interview is finished. Was Nadia need to mention during the introduction that she was a paralegal?
Explanation:
NALA Code, Canon 5: "A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship with a client."