Exam: Master Key Concepts and Practical Applications
Which of the following is true of paralegals?
a. They may practice law
b. They may not practice law
c. They only do secretarial work
d. They are granted a license to work by the state
Which of the following are tasks that paralegals may perform?
a.Draft legal documents
b. Conduct legal research
c. Interview clients and witnesses
d. All of the above
As a paralegal getting a case ready for trial, you will NOT spend time:
a. Contacting witnesses
b. Arguing pretrial motions in court
c. Preparing a trial notebook
d. Researching issues
Legal assistants must be able to keep confidences because:
a. Clients do not like their secrets told
b. Confidential information could be used by others to the detriment of the client
,c. It is an ethical rule imposed on attorneys
d. All of the above
How does the regulation of attorneys protect the public?
a. By ensuring that an attorney is competent to practice
b. By creating state bar associations
c. By imposing specific ethical requirements
d. (a) and (c) only
Engaging in actions defined by a state legislature as constituting the "practice of law" without the legal
authorization to do so, describes which of the following?
a. Licensing
b. Unauthorized practice of law
c. Malpractice
d. Self-regulation
In a rush to get out of work early, Paralegal Sam carelessly performs legal research by failing to update a
court's decision to find out if the state court of appeals of state supreme court reversed the decision
that he found. This is an example of a breach of which of the following ethical rules?
a. Conflict of interest
b. Zealous representation
c. Communication with client
d. Fairness toward opposing counsel
e. Competence and Diligence
Which of the following are methods for obtaining adequate attorney supervision?
,a. Communicating with the supervising attorney
b. Asking the attorney for feedback on your work
c. Placing feedback reminders on your personal calendar.
d. Attaching a note to a document that you have prepared for the attorney, requesting him or her to
review the document carefully before signing
e. All of the above
An attorney usually conducts the initial client interview because:
a. Only an attorney can give legal advice
b. Only an attorney can agree to represent a client
c. Only an attorney can agree to the legal fees
d. All of the above
Attorney Chapman assigns paralegal Hughes a complex brief, tells her to research the law, prepare the
brief, proofread it, and then sign attorney Chapman's name to the brief and submit it to the court.
Attorney Chapman will not be available to review or sign the brief, because she is going on a business
trip and will not return before the deadline for filing the brief. Attorney Chapman has violated the
ethical rule regarding:
a. Fairness to opposing party and counsel
b. Candor toward the tribunal
c. Expecting litigation
d. Adequate supervision of a non-lawyer assistant
Paralegal Samantha discusses confidential client information over the telephone in a reception area
where several other clients can hear her. As a result, the client files a grievance with the state bar
association and Samantha's supervising attorney is disciplined by the state bar. Samantha has breached
the rule regarding client confidentiality. What ethical rule(s) below are implicated in this situation?
a. Competence
b. Advertising ans solicitation
, c. Conflicts of interest
d. responsibilities regarding non-lawyer assistants
e. (a) and (d) only
Ann Marie is a paralegal who sells "do-it-yourself" divorce and will kits to the public. She offers
assistance in the form of typing services. According to your textbook, this type of practice is:
a. considered to be UPL and it's banned in all states
b. Allowed in some states
c. Encouraged by NALA
d. (a) and (c) only
Thomas Timmons, a paralegal, brings a witness into his office for an interview. Thomas leaves a
deposition and several letters from another client's file on his desk. The witness reads the deposition
and the letters while Thomas takes a telephone call during the interview. Thomas has violated the
ethical rule(s) regarding:
a. Competence
b. An express authorization to disclose confidential client information
c. Confidentiality
d. All but (b)
Mrs. Jones comes to attorney Nelson's office and asks him to represent her in a divorce. Before leaving
the office, Mrs. Jones tells attorney Nelson that if her husband calls to find out if she is divorcing him,
that attorney Nelson is to, "go ahead and tell him that she is." This is an example of:
a. Conflict of interest
b. An express authorization to disclose confidential client information
c. An implied authorization to disclose confidential client information
d. All but (b)