NALA Professional and Ethical Responsibility 3

Question 1

Under NALA guidelines, a paralegal may ethically do which of the following without direct attorney supervision?

Accepted Answer

Organize and index discovery documents for attorney review

Answer

Organizing and indexing discovery documents is substantive paralegal work that does not constitute the practice of law and may be performed without direct supervision.

Question 2

A client calls the office and insists on knowing whether she should accept a settlement offer before her attorney returns. A paralegal should:

Accepted Answer

Decline to give legal advice and arrange for the attorney to call back promptly

Answer

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.

Question 3

The NALA Model Standards and Guidelines state that a paralegal may conduct client interviews when:

Accepted Answer

The attorney directly supervises and reviews the work

Answer

Paralegals may conduct client interviews as long as the attorney directly supervises the process and reviews the resulting work product.

Question 4

Which scenario most clearly constitutes unauthorized practice of law by a paralegal?

Accepted Answer

Telling a client which legal theory is strongest in their case

Answer

Independently advising a client on legal theory constitutes the practice of law and is prohibited for paralegals regardless of their experience level.

Question 5

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:

Accepted Answer

Disclose the prior representation and request a conflict screen

Answer

The duty of confidentiality continues after representation ends, and prior confidential information creates a conflict requiring disclosure and a timely conflict screen.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Professional and Ethical Responsibility 3