CLA/CP Professional and Ethical Responsibility Questions and Answers

Question 1

A paralegal, working under the supervision of an attorney, is preparing a client for a deposition. The client is nervous and asks the paralegal what they think the likely outcome of the case will be. Which of the following is the most ethical response for the paralegal to provide?

Accepted Answer

"I am not permitted to give legal advice or opinions, but I can relay your question to the attorney who can discuss the case's strengths and weaknesses with you."

Answer

This is the most appropriate response because it avoids the unauthorized practice of law. Paralegals are prohibited from giving legal opinions or advice. By referring the question to the supervising attorney, the paralegal adheres to ethical guidelines, which state that ultimate responsibility for legal judgment rests with the attorney.

Question 2

According to the NALA Code of Ethics and Professional Responsibility, which of the following is a paralegal explicitly forbidden from doing?

Accepted Answer

Setting the legal fees for a new client.

Answer

Canon 1 of the NALA Code of Ethics explicitly states that a paralegal must not establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless authorized. The other activities are permissible tasks for a paralegal when performed under the supervision of an attorney.

Question 3

A paralegal accepts a new job at a law firm that is representing the plaintiff in a major personal injury case. The paralegal's previous employer represented the defendant in the same case, and the paralegal had access to confidential information. What is the primary ethical obligation of the paralegal and the new law firm?

Accepted Answer

The paralegal must disclose the conflict, and the new firm must implement an effective ethical wall to prevent the sharing of confidential information.

Answer

When a paralegal moves to a firm representing an opposing party, they have a duty to disclose the conflict of interest. The new firm must then take measures, such as establishing an 'ethical wall' or 'screen,' to ensure the paralegal has no involvement in the case and that no confidential information from the prior representation is shared. This prevents the firm from being disqualified and protects the former client's confidences.

Question 4

Which of the following actions by a paralegal would most likely constitute the unauthorized practice of law (UPL)?

Accepted Answer

Independently advising a friend on the best legal strategy to pursue in a child custody dispute.

Answer

Giving legal advice or recommending a specific course of legal action constitutes the unauthorized practice of law. While paralegals can assist with many tasks, they cannot provide independent legal judgment or advice directly to a client or any other individual. The other options describe tasks that are generally permissible for a paralegal to perform under the direct supervision of an attorney.

Question 5

A paralegal is working late and sees an email from the supervising attorney to a client discussing a sensitive case strategy. The paralegal's friend is a party in an unrelated case against the same opposing counsel. The paralegal is tempted to mention the strategy to their friend. What ethical duty is most directly at risk?

Accepted Answer

The duty of confidentiality.

Answer

The duty of confidentiality requires a paralegal to protect all client information acquired during the professional relationship. This duty, outlined in Canon 7 of the NALA Code of Ethics, is fundamental and extends to all information, regardless of how it was obtained. Disclosing case strategy, even to a friend in an unrelated matter, would be a serious breach of this duty.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Professional and Ethical Responsibility Questions and Answers