Professional and Ethical Responsibility Flashcards

Which of the following actions best demonstrates a paralegal's adherence to NALA Canon 3, which prohibits assisting in the unauthorized practice of law?

Answer: Drafting correspondence for attorney signature

Drafting correspondence for attorney review and signature is proper paralegal work; it does not constitute unauthorized practice because the attorney supervises and signs off.

A paralegal is asked by a pro se litigant in the courthouse hallway for help filling out court forms. Under NALA ethics, the paralegal should:

Answer: Decline and direct the person to a self-help legal resource or bar referral service

Assisting a member of the public outside the supervision of an employing attorney constitutes unauthorized practice of law regardless of the complexity of the task.

When a paralegal is promoted to a supervisory role overseeing other legal support staff, which additional ethical obligation arises?

Answer: The paralegal must ensure subordinate staff also comply with ethical rules

Supervisory paralegals have an ethical duty to ensure that all legal support staff they oversee adhere to applicable professional conduct rules.

A client demands that a paralegal destroy documents that the paralegal suspects are subject to a litigation hold. The paralegal should:

Answer: Refuse and immediately notify the supervising attorney

Destroying documents subject to a litigation hold constitutes spoliation; the paralegal must refuse and notify the supervising attorney immediately.

NALA's ethical guidelines require a paralegal to disclose their status as a non-attorney to all EXCEPT:

Answer: Internal firm accounting staff assigning billing codes

Disclosure of non-attorney status is required when interacting with clients, opposing counsel, and witnesses — internal administrative staff assigning billing codes are not in a position to be misled about legal credentials.

A paralegal's personal social media post identifies the name of a high-profile client the firm is representing, without disclosing case details. This conduct:

Answer: Violates confidentiality by disclosing the existence of the attorney-client relationship

The very existence of an attorney-client relationship is confidential; disclosing a client's name without consent violates the duty of confidentiality.

Under NALA guidelines, continuing legal education (CLE) for paralegals is best described as:

Answer: An ethical duty to maintain competence throughout a career

NALA's Code of Ethics treats ongoing education as a professional duty tied to the competence canon, not merely a recertification requirement.