LPP Ethics exam with complete answers
2025.
Legal Ethics - ANSWER: in their purest form, what is right and what is wrong; the minimum
Legal Ethics - ANSWER: in their purest form, what is right and what is wrong; the minimum
standards of appropriate conduct within the legal profession
Licensed Paralegal Practitioner (LPP) - ANSWER: a person licensed by the Utah Supreme
Court to provide limited legal representation in the areas of: temporary separation, divorce,
parentage, cohabitant abuse, civil stalking, and custody and support; forcible entry and unlawful
detainer; debt collection matters in which the dollar amount does not exceed the statutory limit
for small claims cases.
An LPP is not an attorney. There is a definite distinction between the "practice of law" allowed
only by licensed attorneys and other kinds of legal services that LPP's are authorized to provide.
When there is any doubt about where that line is, the LPP should refrain from providing that
service, counsel the client accordingly, and when requested and appropriate, refer the client to
one or more competent attorneys.
(an LPP may provide legal services only in a jurisdiction in which the LPP is authorized to
provide such services.
LPPs must be careful not to practice outside the authority granted by the Utah Supreme Court)
Supreme Court Rules of Professional Practice - ANSWER: Defines the authority of lawyers
Rule 14-802 - ANSWER: Authorization to practice law.
Except as set forth in subsections c and d of this rule, only persons who are active, licensed
members of the Bar in good standing may engage in the practice of law in Utah.
,Practice of Law - ANSWER: The representation of the interests of another person by informing,
counseling, advising, assisting, advocating for or drafting documents for that person through
application of the law and associated legal principles
to that person's facts and circumstances.
Independence, Honesty and Integrity - ANSWER: It is difficult for an LPP to protect the interests
of their client if they are subject to interference from others. Therefore, independence is key to
providing unbiased advice and representation to a client. LPPs must also maintain the highest
standard of honesty, integrity and
fairness towards a client, the court, other LPPs, lawyers, and members of the public.
Competence and Professionalism - ANSWER: Competent representation requires the legal
knowledge, skill, thoroughness and preparation that is reasonably necessary to represent a
client. LPPs should also act diligently and promptly. An LPP should not accept work that he or
she cannot carry out in a competent and timely manner.
Confidentiality - ANSWER: LPPs have a duty to keep information regarding their client
confidential and the circumstances where they are able to disclose client information, is strictly
limited. Communications between an LPP and client are subject to the ethical duty of
confidentiality. An LPP shall not reveal information relating to the representation of a client.
Exceptions to Confidentiality - ANSWER: The duty of confidentiality does not extend to
documents which form part of a criminal or fraudulent act, or communications which take place
in order to obtain advice with the intention of carrying out fraud. If an LPP knows that the
transaction they are working on is a criminal offence, they risk committing an offence
themselves.
Conflict of Interest - ANSWER: The LPP owes separate duties to two or more clients in relation
to the same or related matters, and those duties conflict, or there is a significant risk that those
duties may conflict. This could also encompass a client who the LPP represented in the past.
The LPP's duties towards that client (in particular, the duty of confidentiality) continue, even
when the representation has been completed.
The LPP's duty to act in the best interests of any client in relation to a matter conflicts, or there
is a significant risk that it may conflict, with the LPP's own interests with regard to that or a
related matter.
In some cases, an LPP cannot act where there is a clear conflict of interest. For example, an
LPP cannot represent both parties in the same or related litigation. In some situations, LPPs can
act where there is conflict or potential conflict of interest if the LPP obtains informed consent
from the client or clients to act despite the conflict.
IOLPPTA - ANSWER: The Rules Governing Licensed Paralegal Practitioners include very
detailed provisions relating to an LPP's client trust accounts. For instance, LPPs must hold the
,property of clients or third persons that is in a LPP's possession in connection with a
representation separate from the LPP's own property. Each LPP or LPP firm must create and
maintain a special account, called an Interest on Licensed Paralegal Practitioners Trust Account
("IOLPPTA account"), which is an interest or dividend- bearing trust account for client funds.
Money held in an IOLPPTA must be immediately available. An LPP must deposit into the
IOLPPTA legal fees and expenses that
have been paid in advance, to be withdrawn by the LPP only as fees are earned or expenses
incurred. Where any money from an IOLPPTA is retained by the LPP, the LPP must inform the
client in writing of the reason for retaining the money.
FIDC - ANSWER: Facts (only relevant ones)
Issues
Discussion
Conclusion
(use the above order for final product. But when creating the memo, determine possible issues
first after reading applicable law. Then write the issues section first, conclusion next, discussion
section next, then list the relevant facts section out)
IRAC - ANSWER: Issues
Rule
Analysis
Conclusion
Fees for LPPs - ANSWER: The principle of fairness should govern the fees that an LPP charges
his or her client. An LPP may not charge or collect an unreasonable fee or an unreasonable
amount for expenses. Some of the factors to be considered when deciding if the LPP's fees are
reasonable include the education and training of the LPP, the complexity of the matter and the
usual rate for LPP services in that geographic location, among others.
Duty of Candor toward the Tribunal - ANSWER: Some of the ways this duty is satisfied are:
Not making any false statement.
Not misleading the court or being complicit in misleading the court.
Informing the court immediately if the LPP has inadvertently misled the court
Ensuring that facts are fairly and accurately presented, even where this may go against a LPP's
own interests.
Conducting the client's case in a timely manner.
Complying with court orders and advise the client to comply with court orders.
Ensuring that confidential matters or statements remain confidential.
In addition, LPPs also owe a duty to act with fairness to the opposing party and their counsel.
, Advertising/Soliciting - ANSWER: Codes of ethics usually prohibit lawyers from soliciting
business from a potential client. Likewise, LPP's are also prohibited from soliciting. Specifically,
an LPP cannot by any means, solicit professional employment from a prospective client when a
significant motive for the contact is the LPP's financial gain unless the person contacted:
Is a lawyer or another LPP.
Has a family, close personal, or prior professional relationship with the LPP, or
Is unable to make personal contact with a lawyer or licensed paralegal
This means that an LPP should not approach a prospective client to obtain work. To assist the
public in learning about and obtaining legal services, LPP's are allowed to make known their
services through advertising as long as the advertisements comply with the ethical rules. For
example, an advertisement must not be misleading or false and it should contain the name and
office address of at least one LPP or law firm responsible for the content.
LPP Discipline - ANSWER: In order for ethical standards to be effective, they must be
enforceable. Disciplinary proceedings are key to ensuring that rules of ethics are enforceable.
The purpose of LPP disciplinary and disability proceedings is to ensure and maintain the high
standard of professional conduct required of those who undertake the discharge of professional
responsibilities as LPP and to protect the public and the administration of justice from those who
have demonstrated by their conduct that they are unable or unlikely to properly discharge their
professional responsibilities. For LPPs, the possible sanctions that may be imposed include de-
licensure, suspension, reprimand and admonition. The interests of the public, the courts, and
the legal profession all require that disciplinary proceedings at all levels be
conducted so as to obtain the just and speedy resolution of every complaint.
The "Law" - ANSWER: Rule 14-802
(b)(2) The "law" is the collective body of declarations by governmental authorities that establish
a person's rights, duties, constraints and freedoms and consists primarily
of:
(b)(2)(A) constitutional provisions, treaties, statutes, ordinances, rules, regulations and similarly
enacted declarations; and
(b)(2)(B) decisions, orders and deliberations of adjudicative, legislative and executive bodies of
government that have authority to interpret, prescribe and determine a person's rights, duties,
constraints and freedoms.
(b)(3) "Person" includes the plural as well as the singular and legal entities as well as natural
persons.
Exceptions to Rule 14-802 - ANSWER: (c) Exceptions and Exclusions for Licensed Paralegal
Practitioners. A person may be licensed to engage in the limited practice of law in the area or
areas of (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, and
custody and support; (2) forcible entry and detainer; and (3) debt collection matters in which the
dollar amount in issue does not exceed the statutory limit for small claims cases.
2025.
Legal Ethics - ANSWER: in their purest form, what is right and what is wrong; the minimum
Legal Ethics - ANSWER: in their purest form, what is right and what is wrong; the minimum
standards of appropriate conduct within the legal profession
Licensed Paralegal Practitioner (LPP) - ANSWER: a person licensed by the Utah Supreme
Court to provide limited legal representation in the areas of: temporary separation, divorce,
parentage, cohabitant abuse, civil stalking, and custody and support; forcible entry and unlawful
detainer; debt collection matters in which the dollar amount does not exceed the statutory limit
for small claims cases.
An LPP is not an attorney. There is a definite distinction between the "practice of law" allowed
only by licensed attorneys and other kinds of legal services that LPP's are authorized to provide.
When there is any doubt about where that line is, the LPP should refrain from providing that
service, counsel the client accordingly, and when requested and appropriate, refer the client to
one or more competent attorneys.
(an LPP may provide legal services only in a jurisdiction in which the LPP is authorized to
provide such services.
LPPs must be careful not to practice outside the authority granted by the Utah Supreme Court)
Supreme Court Rules of Professional Practice - ANSWER: Defines the authority of lawyers
Rule 14-802 - ANSWER: Authorization to practice law.
Except as set forth in subsections c and d of this rule, only persons who are active, licensed
members of the Bar in good standing may engage in the practice of law in Utah.
,Practice of Law - ANSWER: The representation of the interests of another person by informing,
counseling, advising, assisting, advocating for or drafting documents for that person through
application of the law and associated legal principles
to that person's facts and circumstances.
Independence, Honesty and Integrity - ANSWER: It is difficult for an LPP to protect the interests
of their client if they are subject to interference from others. Therefore, independence is key to
providing unbiased advice and representation to a client. LPPs must also maintain the highest
standard of honesty, integrity and
fairness towards a client, the court, other LPPs, lawyers, and members of the public.
Competence and Professionalism - ANSWER: Competent representation requires the legal
knowledge, skill, thoroughness and preparation that is reasonably necessary to represent a
client. LPPs should also act diligently and promptly. An LPP should not accept work that he or
she cannot carry out in a competent and timely manner.
Confidentiality - ANSWER: LPPs have a duty to keep information regarding their client
confidential and the circumstances where they are able to disclose client information, is strictly
limited. Communications between an LPP and client are subject to the ethical duty of
confidentiality. An LPP shall not reveal information relating to the representation of a client.
Exceptions to Confidentiality - ANSWER: The duty of confidentiality does not extend to
documents which form part of a criminal or fraudulent act, or communications which take place
in order to obtain advice with the intention of carrying out fraud. If an LPP knows that the
transaction they are working on is a criminal offence, they risk committing an offence
themselves.
Conflict of Interest - ANSWER: The LPP owes separate duties to two or more clients in relation
to the same or related matters, and those duties conflict, or there is a significant risk that those
duties may conflict. This could also encompass a client who the LPP represented in the past.
The LPP's duties towards that client (in particular, the duty of confidentiality) continue, even
when the representation has been completed.
The LPP's duty to act in the best interests of any client in relation to a matter conflicts, or there
is a significant risk that it may conflict, with the LPP's own interests with regard to that or a
related matter.
In some cases, an LPP cannot act where there is a clear conflict of interest. For example, an
LPP cannot represent both parties in the same or related litigation. In some situations, LPPs can
act where there is conflict or potential conflict of interest if the LPP obtains informed consent
from the client or clients to act despite the conflict.
IOLPPTA - ANSWER: The Rules Governing Licensed Paralegal Practitioners include very
detailed provisions relating to an LPP's client trust accounts. For instance, LPPs must hold the
,property of clients or third persons that is in a LPP's possession in connection with a
representation separate from the LPP's own property. Each LPP or LPP firm must create and
maintain a special account, called an Interest on Licensed Paralegal Practitioners Trust Account
("IOLPPTA account"), which is an interest or dividend- bearing trust account for client funds.
Money held in an IOLPPTA must be immediately available. An LPP must deposit into the
IOLPPTA legal fees and expenses that
have been paid in advance, to be withdrawn by the LPP only as fees are earned or expenses
incurred. Where any money from an IOLPPTA is retained by the LPP, the LPP must inform the
client in writing of the reason for retaining the money.
FIDC - ANSWER: Facts (only relevant ones)
Issues
Discussion
Conclusion
(use the above order for final product. But when creating the memo, determine possible issues
first after reading applicable law. Then write the issues section first, conclusion next, discussion
section next, then list the relevant facts section out)
IRAC - ANSWER: Issues
Rule
Analysis
Conclusion
Fees for LPPs - ANSWER: The principle of fairness should govern the fees that an LPP charges
his or her client. An LPP may not charge or collect an unreasonable fee or an unreasonable
amount for expenses. Some of the factors to be considered when deciding if the LPP's fees are
reasonable include the education and training of the LPP, the complexity of the matter and the
usual rate for LPP services in that geographic location, among others.
Duty of Candor toward the Tribunal - ANSWER: Some of the ways this duty is satisfied are:
Not making any false statement.
Not misleading the court or being complicit in misleading the court.
Informing the court immediately if the LPP has inadvertently misled the court
Ensuring that facts are fairly and accurately presented, even where this may go against a LPP's
own interests.
Conducting the client's case in a timely manner.
Complying with court orders and advise the client to comply with court orders.
Ensuring that confidential matters or statements remain confidential.
In addition, LPPs also owe a duty to act with fairness to the opposing party and their counsel.
, Advertising/Soliciting - ANSWER: Codes of ethics usually prohibit lawyers from soliciting
business from a potential client. Likewise, LPP's are also prohibited from soliciting. Specifically,
an LPP cannot by any means, solicit professional employment from a prospective client when a
significant motive for the contact is the LPP's financial gain unless the person contacted:
Is a lawyer or another LPP.
Has a family, close personal, or prior professional relationship with the LPP, or
Is unable to make personal contact with a lawyer or licensed paralegal
This means that an LPP should not approach a prospective client to obtain work. To assist the
public in learning about and obtaining legal services, LPP's are allowed to make known their
services through advertising as long as the advertisements comply with the ethical rules. For
example, an advertisement must not be misleading or false and it should contain the name and
office address of at least one LPP or law firm responsible for the content.
LPP Discipline - ANSWER: In order for ethical standards to be effective, they must be
enforceable. Disciplinary proceedings are key to ensuring that rules of ethics are enforceable.
The purpose of LPP disciplinary and disability proceedings is to ensure and maintain the high
standard of professional conduct required of those who undertake the discharge of professional
responsibilities as LPP and to protect the public and the administration of justice from those who
have demonstrated by their conduct that they are unable or unlikely to properly discharge their
professional responsibilities. For LPPs, the possible sanctions that may be imposed include de-
licensure, suspension, reprimand and admonition. The interests of the public, the courts, and
the legal profession all require that disciplinary proceedings at all levels be
conducted so as to obtain the just and speedy resolution of every complaint.
The "Law" - ANSWER: Rule 14-802
(b)(2) The "law" is the collective body of declarations by governmental authorities that establish
a person's rights, duties, constraints and freedoms and consists primarily
of:
(b)(2)(A) constitutional provisions, treaties, statutes, ordinances, rules, regulations and similarly
enacted declarations; and
(b)(2)(B) decisions, orders and deliberations of adjudicative, legislative and executive bodies of
government that have authority to interpret, prescribe and determine a person's rights, duties,
constraints and freedoms.
(b)(3) "Person" includes the plural as well as the singular and legal entities as well as natural
persons.
Exceptions to Rule 14-802 - ANSWER: (c) Exceptions and Exclusions for Licensed Paralegal
Practitioners. A person may be licensed to engage in the limited practice of law in the area or
areas of (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, and
custody and support; (2) forcible entry and detainer; and (3) debt collection matters in which the
dollar amount in issue does not exceed the statutory limit for small claims cases.
