Question 1

"Becky is a paralegal in the state of Georgia who works for a law firm, therefore she is regulated directly by the Georgia Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely:

Accepted Answer

Paralegal regulation varies from state to state, and in many states, paralegals are regulated by state bar associations or other professional organizations, not by the state supreme court. Therefore, it is likely that Becky is regulated by a different entity in Georgia.

Question 2

Paralegal Daniel works for a firm that wants to hire an accountant. He has been asked to find out if the accountant's name can be placed on the office door and the directory in the lobby of their building. He cannot locate any state statute on point. To make matters worse, he has found conflicting information from other states. What is his best course of action now?

Accepted Answer

Since Paralegal Daniel cannot locate any state statute on point and has found conflicting information from other states, his best course of action would be to advise the firm to ask their state's appropriate authority for an advisory opinion on the matter. This will provide them with a clear understanding of the legality of listing a non-lawyer on various firm things such as the door, letterhead stationery, advertisements, and the lobby directory. It is always best to seek advice from the appropriate authority to avoid any legal complications.

Question 3

Attorney Howard has just gotten a "letter of suspension" from his state's lawyer disciplinary authority. He's sitting his desk working on one of the cases assigned to him.You, his trusty paralegal, have one thing to say to him. What is it?

Accepted Answer

It is important to research what activities are allowed during a suspension to avoid any further disciplinary actions.

Question 4

The Legislature of the State of Flux is considering a "registration scheme" for paralegal regulation. An accurate translation of that is:

Accepted Answer

A "registration scheme" suggests that the state intends to require paralegals to register with the state and provide basic information, such as their contact information. This is different from creating an exam or giving them a specific title like Esq. The department of real estate is also not related to the regulation of paralegals.

Question 5

Emily is a paralegal from Florida who is considering a move to Hawaii. She read the following statement on the internet: "Paralegals in Hawaii are regulated directly by the Hawaii Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely:

Accepted Answer

Paralegals in the United States, including Hawaii, are generally not regulated directly by the Supreme Court or any other judicial body. Instead, they work under the supervision of licensed attorneys who are responsible for ensuring their compliance with the law and ethical standards. There is no specific, direct regulatory body for paralegals like there is for attorneys.

Question 6

Paralegal Olivia is moving to Ohio, a state where paralegals can get "certified" She asks you what she can expect when she goes to get a new job there. You can tell her:

Accepted Answer

Certification for paralegals in Ohio is voluntary but highly respected. However, in order to become certified, there is a minimum requirement for education or training, and one must also take and pass a test. Therefore, all of the options are true.

Question 7

Alia has just completed her paralegal education! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:

Accepted Answer

There are no states in the United States that license paralegals. Paralegals may be certified by professional organizations, but they are not licensed by any state.

Question 8

Emma is a freelance paralegal who is doing some legal research for a client law firm in another state - the State of Pennada. This is making her research a little more complicated As is often the case, there is no law in Pennada on the issue she is researching. There is, however, case law (a case directly on point) from her own state that also uses the ABA Model Rules as the basis for its state law.
The next step Emma should take in her research is:

Accepted Answer

Emma should compare the relevant professional conduct rule in Pennada with her own state's rule to determine if they are the same. If they are the same, she can use the case she found in her research. This is because the case law from her state is based on the ABA Model Rules, which are generally consistent across all states. Therefore, if the professional conduct rules in Pennada and her own state are the same, the case law from her state can be persuasive authority for her client's case in Pennada.

Question 9

Isabella is a paralegal sharing an office with a law clerk. The clerk (Jacob) was asked to research a legal ethical issue. Jacob found a case that referred to EC 1-1 and doesn't know what it means. Isabella should tell Jacob that "EC" refers to:

Accepted Answer

"EC" typically refers to an Ethical Consideration within the ABA Model Code or state code, which is used as a guide for legal ethics.

Question 10

Madison is a recent graduate of a fine paralegal school! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:

Accepted Answer

There are no states in the United States that license paralegals, making the other options incorrect.

Question 11

There are various ways of regulating paralegals that have been discussed and attempted in many states. All of the different types of regulation methods are designed assume that:

Accepted Answer

The assumption that paralegals will be held to the highest ethical standards and considered professionals is the basis for all regulation methods discussed. While the other choices may also be included in regulation methods, they do not apply universally and do not address the overarching principle of professional conduct and standards for paralegals.

Question 12

Paralegal Beverly is researching a point of law dealing with whether or not a law firm's website can use a suedoname for the URL. In other words, can her law firm use the web address "www.terrificlawyers.com"? She cannot locate any state statute on point but has conflicting information from other states. What is her best course of action now?

Accepted Answer

Beverly's best course of action is to advise the law firm to seek an opinion from the appropriate authority in their state, such as the state bar's ethics committee. This is because the issue at hand is not clear from the statutes and there is conflicting information from other states. Seeking an advisory opinion would provide the law firm with a clear answer on whether or not using a pseudonym for their URL is ethical and legal.

Question 13

Lorissa is doing some research on a legal ethical issue. She read a case that referred to DR 1-101(B) and doesn't know what it means. You can help her. "DR" refers to:

Accepted Answer

"DR" refers to "ABA Model Code Disciplinary Rule." This is a set of ethical rules created by the American Bar Association to guide the conduct of lawyers. DR 1-101(B) is a specific rule within that code.

Question 14

Paralegal Sofia is moving to a state where paralegals are "registered." She asks you what she can expect when she goes to get a new job there. You can tell her:

Accepted Answer

The answer of Paralegal Sofia is moving to a state...

Question 15

Carrie is a freelance paralegal who is doing some legal research for a client law firm. She works in a firm that is in State G, a state that uses the ABA Model Rules as the template for its state law on professional responsibility. As is often the case, there is no law in her state on the issue she is researching. There is, however, case law (a case directly on point) from State Y that also uses the ABA Model Rules as the basis for its state law.
The next step Carrie should take in her research is:

Accepted Answer

Carrie should compare the relevant State G professional conduct rule with the corresponding rule in State Y. If they are the same, then she may be able to use the case she found. While it is important to consider state-specific laws and regulations, case law from other states can still provide persuasive authority and guidance in interpreting and applying the law. By comparing the rules in both states, Carrie can determine if the case she found applies to the situation in her state.

Question 16

Paralegal John is writing a brief in defense of a lawyer facing disciplinary charges. John has a choice between citing his state's professional conduct rule 3.6 (on trial publicity) or ABA Model Rule 3.6. Both rules say exactly the same thing. His best choice is to

Accepted Answer

Lawyers in a given state are bound by the rules and laws of that state, not by model rules or guidelines provided by organizations such as the American Bar Association (ABA). The ABA Model Rules serve as a template or guide for states to adopt or modify according to their own needs and legal frameworks, but the actual binding authority comes from the state's own adopted rules and laws.

Question 17

Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to

Accepted Answer

Ava should cite her state's professional conduct rule 3.7 because lawyers in her state are bound by the laws of that state, not the "models" written by the ABA. However, she can still refer to the Comments of the ABA Model Rule if she needs additional clarification or guidance. The ABA Model Rules do not have more authority than state rules, as each state has its own set of rules of professional conduct that are enforceable within that state.

Question 18

Attorney Howard has just gotten a "letter of reproval" from his state's lawyer disciplinary authority. He's cleaning out his desk, assuming he is no longer authorized to practice law. You, his trusty paralegal, have one thing to say to him. What is it?

Accepted Answer

A letter of reproval is a lesser form of discipline and does not typically result in disbarment. It is important to carefully review the specific terms of the letter and any restrictions it may impose, but it does not necessarily mean the end of an attorney's career.

Question 19

There are many different ways of regulating paralegals. All of the different types of regulation methods are designed assume that:

Accepted Answer

This question is asking for an assumption made by all the different types of regulation methods for paralegals. The assumption that stands out among all the choices is that paralegals and lawyers are bound by the same rules of ethics. This is an important assumption because it ensures that paralegals are held to the same ethical standards as lawyers when it comes to practicing law. It is important for the legal profession to maintain high ethical standards in order to promote trust and confidence in the legal system.

Question 20

The State of Eufouria is considering a "title scheme" for paralegal regulation. An accurate translation of that is:

Accepted Answer

A "title scheme" in the context of paralegal regulation refers to the state defining the qualifications necessary to use the title "paralegal." This includes specifying the required education, training, and experience. This scheme would regulate who may use the title and ensure that those who do meet the necessary qualifications.

Quiz 1: Regulation of the Legal Profession