Professional and Ethical Responsibility Flashcards
7 cards from real NALA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Professional and Ethical Responsibility flashcards as text
Under NALA guidelines, a paralegal may ethically do which of the following without direct attorney supervision?
Answer: Organize and index discovery documents for attorney review
Organizing and indexing discovery documents is substantive paralegal work that does not constitute the practice of law and may be performed without direct supervision.
A client calls the office and insists on knowing whether she should accept a settlement offer before her attorney returns. A paralegal should:
Answer: Decline to give legal advice and arrange for the attorney to call back promptly
Advising a client on whether to accept a settlement is the practice of law; the paralegal must decline and ensure the attorney contacts the client.
The NALA Model Standards and Guidelines state that a paralegal may conduct client interviews when:
Answer: The attorney directly supervises and reviews the work
Paralegals may conduct client interviews as long as the attorney directly supervises the process and reviews the resulting work product.
Which scenario most clearly constitutes unauthorized practice of law by a paralegal?
Answer: Telling a client which legal theory is strongest in their case
Independently advising a client on legal theory constitutes the practice of law and is prohibited for paralegals regardless of their experience level.
A paralegal learns confidential information about a client's assets during a bankruptcy matter. Two years later, she works at a new firm opposing that former client. She should:
Answer: Disclose the prior representation and request a conflict screen
The duty of confidentiality continues after representation ends, and prior confidential information creates a conflict requiring disclosure and a timely conflict screen.
NALA's ethical guidelines on fees specify that a paralegal may NOT:
Answer: Share in legal fees as a form of fee-splitting with clients
Fee-splitting arrangements between paralegals and clients are prohibited because paralegals may not share in legal fees the way licensed attorneys do.
A paralegal notices that a statute cited in a brief the attorney is about to file has been repealed. The paralegal should:
Answer: Notify the attorney immediately before filing
A paralegal's duty of competence requires notifying the supervising attorney of any legal error before a document is filed with the court.