NALA Professional and Ethical Responsibility Questions and Answers

Question 1

A paralegal works for a law firm representing the plaintiff in a complex personal injury case.
The paralegal's new spouse is an insurance adjuster for the company that is defending the same case.
The paralegal discloses this relationship to the supervising attorney.
Which of the following ethical issues is the PRIMARY concern?

Accepted Answer

Conflict of interest

Answer

Unauthorized practice of law

Answer

Breach of client confidentiality

Answer

Commingling of funds

Question 2

A client, anxious about an upcoming deposition, calls the paralegal and asks, "Based on the documents we've produced, do you think I'm going to win this case?" According to the NALA Code of Ethics, which action by the paralegal is most appropriate?

Accepted Answer

Explain that providing a legal opinion constitutes the unauthorized practice of law and offer to schedule a call with the attorney.

Answer

Provide a reassuring opinion based on the paralegal's experience with similar cases.

Answer

Refuse to answer and immediately end the phone call.

Answer

Advise the client that while victory is likely, nothing is guaranteed in litigation.

Question 3

The ethical duty of confidentiality a paralegal owes to a client is broader than the evidentiary rule of attorney-client privilege. Which of the following BEST illustrates this distinction?

Accepted Answer

A paralegal must not discuss a client's case with friends, even if the information was learned from a public record and not directly from the client.

Answer

A paralegal can testify in court about confidential client information if ordered by a judge.

Answer

Attorney-client privilege protects all documents in a client's file, while confidentiality only protects verbal communications.

Answer

Confidentiality ends when the case concludes, but attorney-client privilege is permanent.

Question 4

A paralegal receives a check from a client representing an advance for future costs and attorney's fees. The supervising attorney is on vacation and cannot be reached. What is the paralegal's ethical obligation regarding these funds?

Accepted Answer

Immediately deposit the check into the designated client trust account.

Answer

Deposit the check into the law firm's general operating account to ensure it is secure.

Answer

Hold the check in the client's physical file until the attorney returns.

Answer

Cash the check and place the money in the office safe for proper allocation later.

Question 5

A paralegal is in a meeting with the supervising attorney and a client. The client admits to the attorney and paralegal that they intentionally destroyed key documents relevant to the litigation. The opposing party later serves a discovery request for these specific documents. Which ethical duty is most directly implicated for the legal team?

Accepted Answer

Duty of candor toward the tribunal

Answer

Duty of zealous representation

Answer

Duty to avoid conflicts of interest

Answer

Duty to communicate with the client

Question 6

Under what circumstances may a paralegal properly share confidential client information without the client's consent?

Accepted Answer

When necessary to prevent the client from committing a future crime likely to result in imminent death or substantial bodily harm.

Answer

When discussing the case with the paralegal's spouse for emotional support.

Answer

When a former colleague, now at another firm, asks for advice on a similar case.

Answer

When posting a vague, anonymized question about a case issue on a public social media forum for paralegals.