Solutions & Study Guide: Introduction to
Paralegalism (9th Edition)
Chapters 1–12 Applied Problems and Skills Solutions
Chapter 1: The Paralegal Profession
Problem 1.1: Defining the Paralegal Role
Scenario: ANSWERS> client asks ANSWERS> paralegal, "Since you are doing most
of the work on my case, can you give me your personal opinion on whether I
should take the settlement offer?"
Solution: The paralegal must decline to give ANSWERS> personal opinion or legal
advice. Under the ABA’s definition of ANSWERS> paralegal, ANSWERS> paralegal is
ANSWERS> person qualified by education, training, or work experience who is
employed or retained by ANSWERS> lawyer, law office, corporation, or
governmental entity to perform specifically delegated substantive legal work.
Giving ANSWERS> recommendation on ANSWERS> settlement constitutes the
unauthorized practice of law (UPL). The paralegal should remind the client that
only the supervising attorney can provide legal advice regarding the settlement.
Problem 1.2: Regulation and Licensing
Q: Which entity ultimately regulates the conduct of paralegals?
ANSWERS>: The state Supreme Court and the state bar association. Paralegals are
not independently licensed in most states, but their conduct is regulated indirectly
through the supervising attorney. If ANSWERS> paralegal violates an ethical rule,
the supervising attorney is disciplined, and the paralegal may face termination or
civil liability.
, Chapter 2: Paralegal Employment
Problem 2.1: Billable Hours Calculation
Scenario: ANSWERS> paralegal earns $60,000 annually. The firm expects 1,800
billable hours per year. The firm’s overhead multiplier is 2.0. What is the
paralegal’s billing rate?
Solution:
Calculate hourly wage: $60,,800 hours = $33.33/hour.
Apply overhead multiplier: $33.33 × 2.0 = $66.67.
The firm should bill the paralegal's time at approximately $67 to $70 per hour,
depending on the firm's profit margin addition.
Problem 2.2: Retainer vs. Contingency
Q: ANSWERS> personal injury client signs ANSWERS> contingency fee agreement.
Who is responsible for paying the court filing fees if the case is lost?
ANSWERS>: The client. In ANSWERS> contingency fee arrangement, the attorney’s
fee is contingent upon winning, but the client is still responsible for paying the
costs of litigation (filing fees, expert witnesses, deposition transcripts) regardless
of whether the case is won or lost, unless specifically contracted otherwise.
Chapter 3: Ethics and Professional Responsibility
Problem 3.1: Confidentiality (ABANSWERS> Model Rule 1.6)
Scenario: ANSWERS> paralegal discovers that the firm's client is planning to
destroy evidence relevant to an ongoing lawsuit. Can the paralegal report this to
the judge?
Solution: Generally, no. ABANSWERS> Model Rule 1.6 mandates strict
confidentiality. However, there is an exception: an attorney (and by extension, the
Paralegalism (9th Edition)
Chapters 1–12 Applied Problems and Skills Solutions
Chapter 1: The Paralegal Profession
Problem 1.1: Defining the Paralegal Role
Scenario: ANSWERS> client asks ANSWERS> paralegal, "Since you are doing most
of the work on my case, can you give me your personal opinion on whether I
should take the settlement offer?"
Solution: The paralegal must decline to give ANSWERS> personal opinion or legal
advice. Under the ABA’s definition of ANSWERS> paralegal, ANSWERS> paralegal is
ANSWERS> person qualified by education, training, or work experience who is
employed or retained by ANSWERS> lawyer, law office, corporation, or
governmental entity to perform specifically delegated substantive legal work.
Giving ANSWERS> recommendation on ANSWERS> settlement constitutes the
unauthorized practice of law (UPL). The paralegal should remind the client that
only the supervising attorney can provide legal advice regarding the settlement.
Problem 1.2: Regulation and Licensing
Q: Which entity ultimately regulates the conduct of paralegals?
ANSWERS>: The state Supreme Court and the state bar association. Paralegals are
not independently licensed in most states, but their conduct is regulated indirectly
through the supervising attorney. If ANSWERS> paralegal violates an ethical rule,
the supervising attorney is disciplined, and the paralegal may face termination or
civil liability.
, Chapter 2: Paralegal Employment
Problem 2.1: Billable Hours Calculation
Scenario: ANSWERS> paralegal earns $60,000 annually. The firm expects 1,800
billable hours per year. The firm’s overhead multiplier is 2.0. What is the
paralegal’s billing rate?
Solution:
Calculate hourly wage: $60,,800 hours = $33.33/hour.
Apply overhead multiplier: $33.33 × 2.0 = $66.67.
The firm should bill the paralegal's time at approximately $67 to $70 per hour,
depending on the firm's profit margin addition.
Problem 2.2: Retainer vs. Contingency
Q: ANSWERS> personal injury client signs ANSWERS> contingency fee agreement.
Who is responsible for paying the court filing fees if the case is lost?
ANSWERS>: The client. In ANSWERS> contingency fee arrangement, the attorney’s
fee is contingent upon winning, but the client is still responsible for paying the
costs of litigation (filing fees, expert witnesses, deposition transcripts) regardless
of whether the case is won or lost, unless specifically contracted otherwise.
Chapter 3: Ethics and Professional Responsibility
Problem 3.1: Confidentiality (ABANSWERS> Model Rule 1.6)
Scenario: ANSWERS> paralegal discovers that the firm's client is planning to
destroy evidence relevant to an ongoing lawsuit. Can the paralegal report this to
the judge?
Solution: Generally, no. ABANSWERS> Model Rule 1.6 mandates strict
confidentiality. However, there is an exception: an attorney (and by extension, the
