Deck 16: Ethical Principles Relevant to Practicing Paralegals and Legal Assistants

Question 1

MATCHING

A paralegal who is qualified by education,training,and/or work experience who performs specifically delegated substantive legal work for which a lawyer is responsible

Answer 1

E

Question 2

MATCHING

A national organization established to promote high standards for paralegal education

Answer 2

H

Question 3

MATCHING

A rule that the work of an attorney for a client that includes private memoranda prepared in anticipation of litigation or for trials that does not have to be disclosed to the opposing party

Answer 3

J

Question 4

MATCHING

Ideals of professional conduct that attorneys should strive to achieve

Question 5

MATCHING

A professional association of paralegals that issues ethical guidelines regarding the attorney- paralegal relationship and administers the Certified Legal Assistant exam

Question 6

Legal assistants may become full members of the bar association.

Question 7

Documents prepared in anticipation of litigation may not be released to the opposing party for any reason.

Question 8

A paralegal is required to do whatever is asked of him or her by the supervising attorney.

Question 9

MATCHING

Rules of conduct written by the ABA that govern the legal profession and adopted by some states

Question 10

MATCHING

A professional association of paralegals that issues ethical guidelines regarding the attorney- paralegal relationship and offers the Paralegal Advanced Competency Exam

Question 11

Lawyers should provide clients with independent professional judgment.

Question 12

MATCHING

A rule that confidential communications in the course of professional employment between attorney and client may not be divulged by the attorney without the client's consent

Question 13

Paralegals must always disclose their status as legal assistants at the outset of any professional relationship with a client.

Question 14

Only an attorney is bound by the attorney-client privilege.

Question 15

The attorney is ultimately responsible for the actions of his or her nonattorney staff members.

Question 16

The work of a paralegal must supplement,merge with,and become the attorney's work product.

Question 17

Paralegals are barred from doing legal research on behalf of attorneys.

Question 18

MATCHING

Statements of minimum professional conduct that,if violated,lead to sanctions against the offending attorney

Question 19

According to the NALA Model Standards and Guidelines for Utilization of Legal Assistants,a person who has successfully completed the Certified Legal Assistant CLA)examination qualifies as a legal assistant.

Question 20

MATCHING

Standards of conduct written by the American Bar Association to establish ethical guidelines for the practice of law and adopted by most states

Question 21

Which organization offers a national certification program through which a paralegal can earn the designation CLA?

A)The National Association of Legal Assistants
B)The National Federation of Paralegal Associations
C)The American Association for Paralegal Education
D)The American Bar Association

Question 22

It has been proposed that paralegals who work in the area of public law could provide standardized,routine legal advice under certain circumstances if all of the following conditions were met EXCEPT:

A)The supervising attorney retains limited access to the client,allowing the paralegal to work independently.
B)The client is cautioned not to take any action based on the paralegal's advice without first consulting the supervising attorney.
C)The paralegal advises the client of his or her nonattorney status.
D)The paralegal works under the close supervision of an attorney.

Question 23

Which is NOT one of the recommendations of the NALA Model Standards and Guidelines for Utilization of Legal Assistants that supervising attorneys should consider?

A)Encouraging paralegals to maintain a direct relationship with the client and take control of all client matters
B)Educating and training paralegals about professional responsibility,local rules and practices,and firm policies
C)Providing continuing education for paralegals in substantive matters through courses,institutes,workshops,and seminars
D)Encouraging and supporting paralegals' membership and active participation in professional organizations

Question 24

A paralegal who passes a second National Association of Legal Assistants-administered exam on one of several specialty topics is entitled to use which designation?

A)APC
B)CLA
C)CP
D) RP

Question 25

Which is NOT one of the canons of the NALA Code of Ethics and Professional Responsibility?

A)A legal assistant shall be held to the same ethical standards as an attorney and be subject to the same disciplinary action.
B)A paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.
C)A paralegal must protect the confidences of a client and must not violate any rule controlling the doctrine of privileged communications between a client and an attorney.
D)A paralegal must disclose to his or her employer or prospective employer any preexisting client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients.

Question 26

Which single national regulatory agency has been authorized to govern the conduct of paralegals?

A)No single agency has such authority.
B)National Federation of Paralegal Associations
C)National Association of Legal Assistants
D)American Bar Association

Question 27

All of the following are Standards of the NALA Model Standards and Guidelines for Utilization of Legal Assistants that may be used to qualify a person as a legal assistant EXCEPT:

A)One year of in-house training as a legal assistant
B)Graduation from a course of study for legal assistants that is institutionally accredited but not ABA approved and that requires no less than the equivalent of 60 semester hours of classroom study
C)A baccalaureate degree in any field,plus not less than six months in-house training as a legal assistant
D)A minimum of three years of law-related experience under the supervision of an attorney,including at least six months of in-house training as a legal assistant

Question 28

Which is NOT true of the work product privilege?

A)Its protection is lifted for the spouse of the client.
B)It extends to work consisting of mental impressions,conclusions,opinions,and legal theories of an attorney.
C)It extends to work performed by paralegals.
D)Its protection is lifted and disclosure is required upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable to obtain the substantial equivalent of the materials by other means without undue hardship.

Question 29

Which is a violation of the attorney-client privilege?

A)Disclosures by an attorney that in themselves do not divulge protected information but might result in another person discovering such information
B)An attorney revealing information that is impliedly authorized to properly represent a client
C)An attorney hypothetically discussing a client's representation matters when there is no reasonable likelihood that the listener will be able to know a client's identity
D)Statements that are made between attorney and client with other persons present

Question 30

When would disclosure of confidential client information NOT be a violation of the attorney-client privilege?

A)When given under a court order
B)When given by request of the client's family
C)When the attorney feels compelled to tell what he or she has been told
D)When the attorney no longer represents the client