NALA Ethics & Professional Responsibility 2 — Questions and Answers
Question 1: A paralegal overhears a supervising attorney discuss settling a case in a way the paralegal believes is against the client's best interest. What is the paralegal's proper course of action?
- Warn the client directly without telling the attorney
- Discuss concerns with the supervising attorney or another supervising attorney (Correct answer)
- File a complaint with the state bar immediately
- Refuse to work on the case and resign
Correct answer: Discuss concerns with the supervising attorney or another supervising attorney
Paralegals must raise ethical concerns through proper internal channels, not bypass the attorney-client relationship.
Question 2: Under NALA's Model Standards, which action would constitute an unauthorized practice of law by a paralegal?
- Drafting a contract under attorney supervision
- Giving a client a legal opinion on the merits of their case (Correct answer)
- Organizing case files for trial preparation
- Scheduling depositions on behalf of the attorney
Correct answer: Giving a client a legal opinion on the merits of their case
Providing independent legal opinions to clients constitutes the unauthorized practice of law, which paralegals are prohibited from doing.
Question 3: A paralegal receives a call from the opposing party's attorney requesting information about the client's case. What should the paralegal do?
- Provide only publicly available information
- Refer the call to the supervising attorney (Correct answer)
- Decline to speak and hang up immediately
- Answer questions that do not involve privileged information
Correct answer: Refer the call to the supervising attorney
All communications from opposing counsel should be directed to the supervising attorney to protect client interests and maintain proper professional boundaries.
Question 4: Which of the following best describes the concept of 'imputed disqualification' as it applies to paralegals?
- A paralegal's personal conflict of interest applies only to that paralegal
- A paralegal's conflict may be attributed to the entire law firm (Correct answer)
- Only attorneys can create disqualifying conflicts for a firm
- Paralegals are exempt from disqualification rules
Correct answer: A paralegal's conflict may be attributed to the entire law firm
Under imputed disqualification, a conflict of interest held by a paralegal can be attributed to the entire law firm, potentially disqualifying it from representation.
Question 5: A paralegal is asked to witness a client's signature on a will. The paralegal is also named as a beneficiary in the will. What should the paralegal do?
- Witness the will since witnessing is not legal advice
- Decline to witness and inform the supervising attorney (Correct answer)
- Witness the will but disclose the conflict in writing
- Ask another paralegal to verify there is no conflict
Correct answer: Decline to witness and inform the supervising attorney
Being a beneficiary creates a direct conflict of interest; the paralegal must decline and alert the supervising attorney.
Question 6: According to NALA's Code of Ethics, a paralegal must maintain client confidences:
- Only while employed at the firm handling the matter
- Indefinitely, even after leaving the firm (Correct answer)
- Until the matter is resolved and the file is closed
- Until the client consents to disclosure in writing
Correct answer: Indefinitely, even after leaving the firm
The duty of confidentiality survives employment and the conclusion of the legal matter; it is perpetual.
Question 7: A paralegal discovers that a colleague has been billing clients for time that was never actually worked. The paralegal should first:
- Confront the colleague directly and demand they stop
- Report the conduct to a supervising attorney or firm management (Correct answer)
- Document the billing discrepancies and wait to see if it continues
- Report the colleague to the state bar anonymously
Correct answer: Report the conduct to a supervising attorney or firm management
Fraudulent billing is a serious ethical violation; the paralegal's first duty is to report it through proper supervisory channels within the firm.
NALA Ethics & Professional Responsibility 2
A paralegal overhears a supervising attorney discuss settling a case in a way the paralegal believes is against the client's best interest.
What is the paralegal's proper course of action?