Professional and Ethical Responsibility Flashcards

A paralegal learns that a witness the firm intends to call has a prior criminal conviction that was not disclosed to the opposing party during discovery. The paralegal should:

Answer: Advise the attorney immediately so the disclosure obligation can be assessed

A paralegal who discovers a potential discovery disclosure issue must immediately advise the supervising attorney, who is responsible for determining the legal obligation to disclose.

Which of the following is the primary reason NALA prohibits paralegals from establishing the attorney-client relationship independently?

Answer: Only licensed attorneys may undertake the legal and ethical responsibilities that relationship creates

The attorney-client relationship carries legal, fiduciary, and ethical duties that only a licensed attorney can assume and be held accountable for.

A paralegal overhears a colleague discussing a confidential client matter loudly on a cell phone in a public elevator. The paralegal should:

Answer: Alert the colleague to the confidentiality risk and report the incident to a supervisor

Paralegals share responsibility for maintaining workplace confidentiality protocols and should address breaches by alerting the colleague and reporting to a supervisor.

NALA's guidelines allow a paralegal to sign correspondence using the title 'Paralegal' or 'Legal Assistant' primarily because:

Answer: It accurately discloses the sender's non-attorney professional role

Using an accurate professional title on correspondence ensures recipients understand they are communicating with a non-attorney, satisfying the disclosure requirement.

A paralegal who is a notary public is asked by a friend to notarize a document the paralegal knows contains a false statement. The paralegal should:

Answer: Refuse because notarizing a knowingly false document is improper and potentially criminal

A notary must refuse to notarize documents they know contain false statements, as doing so would make the notary complicit in fraud.

Under the NALA Model Standards, an attorney who fails to adequately supervise a paralegal who then commits an ethical violation is:

Answer: Potentially subject to discipline for failing to properly supervise

Attorneys have an affirmative duty to supervise paralegals, and failure to do so can result in disciplinary action against the attorney for the paralegal's resulting ethical violation.

A paralegal who suspects a client is using the firm's legal services to facilitate an ongoing fraud should FIRST:

Answer: Consult with the supervising attorney about the concern

Upon suspecting client fraud, a paralegal must first bring the concern to the supervising attorney, who is responsible for evaluating the situation and determining next steps.