Paralegal Licensing Exam Latest Questions With Passed Solutions!!

If your personal sense of what is right conflicts with the paralegal rules and guidelines, what must you do? - You must follow the paralegal rules and guidelines. If you are faced with an ethical issue what must you do? - 1. Identify the professional responsibility issue(s) 2. Review and apply the applicable rules, case law, legislation, or secondary sources 3. List the possible options and asses the risks based on applicable rules, case law, legislation, or secondary sources 4. Seek guidance and support (for example: Law Society's practice management helpline) Why were the paralegal rules and guidelines created? - to ensure a high standard of conduct for the protection and benefit for the public interest what can the failure to comply with the paralegal rules and guidelines cause? - Prejudice a client's rights, discredit the profession, and result in discipline by the law society What does the practice management helpline do? - Assists paralegals and lawyers with info on the law with properly applying law society rules and by-laws and offers practice management guidance through a confidential telephone service What does the Coach and Advisor network do? - Provides paralegals and lawyers with access to shorter-term, outcome-oriented relationships with coaches and advisors who are drawn from the legal professions. Coaches support the implementation of best practices, and advisors assists with substantive and procedural law inquiries on client files. How is the competence of lawyers and paralegals monitored? - Law society administers spot audits, practice management reviews, and practice audit programs, all are remedial in nature. What do practice audits asses? - A paralegals practice management processes, as well as their compliance with the financial record-keeping requirements outlined in by-law 9.What's the process of a complaint about a paralegal or lawyer? - You must send the law society in writing the complaint which is first reviewed by the CSC's complaints and compliance department to make sure the issue is within jurisdiction. If the issue can be resolved informally, then the intake and resolution department will handle the complaint. If it is a serious allegation on professional misconduct, incapacity, or incompetence, then it is likely to result in discipline against the paralegal or lawyer, and the paralegal/lawyer will be referred to the investigation services for an investigation. What are the investigation services options? - they can close the matter, with or without remedial action, or make a recommendation to the proceedings authorization committee (PAC) that the matter be remediated or sent for a hearing. What are the different ways in which a hearing may discipline paralegals/lawyers? - Revoking their license, participate in CPD or professional training, cooperate in a practice review, restrict their practice to certain areas, provide legal services, not maintain a trust account, pay a fine, refund to a client all or a portion of fees, and/or start or continue treatment or counselling Can a paralegal/lawyer appeal an decision of the hearing panel? - Yes, they can appeal to an appeal panel, or appeal the decision of an appeal panel to a Divisional Court. T or F: If the Law Society receives a complaint against a paralegal, the paralegal will be notified and given an opportunity to respond? - True T or F: Failure to respond promptly and completely to any communication from the Law Society is NOT a breach of the paralegal rules and is grounds for discipline. - False, It is a breach! T or F: A paralegal/lawyer can be suspended for administrative reasons immediately if they do not pay annual fees to the law society. - True T or F: Administrative suspensions are automatically lifted as soon as the suspended licensees meet their administrative obligations to the Law Society? - True T or F: Licensee that have been administratively suspended for a period of more than 12 months may have their license revoked. - TrueWhich bylaw outlines the paralegal scope of practice? - Bylaw 4 Can a paralegal continue to represent a client if the court changes the charge to an indictable offence? - No T or F: A paralegal must withdraw either from representation of the client or from the outside interest when a conflict of interest arises. - True What legislation gives every person a right to equal treatment without discrimination? - Ontario Human Rights Code T or F: Paralegals must ensure their practice follows the Ontario Human Right Code and the Occupational Health and Safety Act (OHSA) - True T or F: It is mandatory for paralegals that employ 6 employees or more are required to have written policies posted in a conspicuous place in the workplace. - True What is cultural competence? - the ability to interact effectively with people of different cultures T or F: The engagement does not begin until the retainer agreement or engagement letter is signed by the client and applicable money has been paid. - True