NALA CP Exam Ethics with 100% correct answers 2024

Chinese Wall - ANSWER-Isolation of a lawyer or paralegal from all contacts with a conflicting case until it is concluded. Champerty - ANSWER-Proprietary interest in the outcome of the case as payment of fees. Practice of Law - ANSWER-Any act that involves the giving of legal advice or opinions to others or involves representing others in legal matters. Legal assistants cannot perform these five actions: - ANSWER-- Accept cases - Set fees - Give direct legal advice to clients - Negotiate legal matters on behalf of clients - Represent clients in courts settings Legal assistants can perform any legal tasks, besides those strictly prohibited, as long as these three criteria are met: - ANSWER-- The legal assistant's work is properly supervised by a licensed attorney. - The supervising attorney maintains a direct relationship with the client. - The supervising attorney assumes full professional responsibilty for the work product. Any legal assistant who violatesa UPL statute may incur one or more of the following sanctions: - ANSWER-- Criminal prosecution - Civil liability to any client damaged by the negligence of the legal assistant while engaging in unauthorized acts - Termination of employment Legal Assistant/Paralegal - ANSWER-A person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible. (ABA, 1997) A lawyer bears professional responsibility for nonlawyer misconduct if: - ANSWER-- The nonlawyer's actions would violate professional conduct rules if they were performed by a lawyer - The lawyer orders or knowingly ratifies the conduct - The lawyer is a law firm partner or has direct supervision over the nonlawyer and knows of the nonlawyer's conduct when its effects still can be avoided or mitigated but fails to take corrective action Are business cards permissible for paralegals employed by a law firm? - ANSWER-Yes, according to a substantial majority of states. Care must be taken, however, to ensure that the nonlawyer status of the cardholder is displayed prominently on the card. May a paralegal's name appear on the law firm's stationery? - ANSWER-In many states, the answer is yes. The name must be set apart from the lawyers' names, and the paralegal's title must be shown clearly. May a paralegal sign letters prepared on firm stationery? - ANSWER-Yes, provided the letter contains no direct legal advice or opinions and the paralegal's status is shown clearly. May a paralegal's name be shown on pleadings and briefs? - ANSWER-Many states allow the name of a nonlawyer to appear on briefs, provided the nonlawyer made a significant contribution to its research and drafting. The name is generally shown immediately below the attorney's signature block, but the document is never actually signed by the nonlawyer. Example: Jane Doe, Paralegal Participating on Briefs May a paralegal's name be included in a firm's listing in public telephone directories or as part of the listing at a law firm's entrance? - ANSWER-Generally, no. Including paralegals in these listings is more likely to lead the general public to believe that the paralegal must be some type of lawyer. May a paralegal use the title "legal specialist," "legal aide," "legal technician," or the like? - ANSWER-The term "paralegal" has a specific meaning that involves working under the direct supervision of a licensed attorney. Since there is a specific title for this occupational function, it should be used for the sake of simplicity and clarity. How often and in what way must a paralegal identify his or her nonlawyer status? - ANSWER-There is no specific way or frequency. The issue is not how often identity must be clarified to comply with the rules; it is how often should identity be clarified to protect the paralegal from charges related to the unauthorized practice of law. May a paralegal discuss fee ranges with a client on a preliminary basis, leaving the final discussion and decision to the supervising attorney? - ANSWER-All discussions related to fees must be deferred to the attorney. If a client relates information to a paralegal in confidence, is the paralegal required to keep the information to himself? - ANSWER-The answer is yes, except for the attorney handling the case. The paralegal is an extension of the attorney and cannot operate independently of the attorney in regard to the client. May a paralegal accept gifts from clients? - ANSWER-Lawyers are prohibited from accepting gifts from clients, and the prohibition extends to paralegals as well. May a paralegal counsel a close friend or a relative about a legal matter when the friend or relative knows that the paralegal is not a lawyer and when the paralegal is not paid for the advice? - ANSWER-Other than suggesting that the friend or relative see a lawyer of his or her own choice, the paralegal cannot give advice or comment in any way that may be taken as a legal opinion. Whether the paralegal is paid or not is irrelevant; legal advice cannot be given by the paralegal under any circumstances. May a paralegal communicate with an opposing party in an emergency situation, such as when the opposing counsel cannot be reached? - ANSWER-The rule is absolute: A lawyer cannot communicate with an opposing party who is represented by counsel concerning the subject matter of the representation unless the opposing counsel gives his or her prior consent. How much supervision is required under existing ethics rules for work delegated to a paralegal? - ANSWER-The type and amount of supervision varies according to the experience and capabilities of the paralegal and according to the task(s) delegated to him or her. May a paralegal prepare a procedure manual in a specific area of law that is intended for use by new associates and law clerks? - ANSWER-Yes, a procedure manual is no different than any other document drafted under an attorney's supervision, and an experienced paralegal may be the ideal person to undertake such a project. May a paralegal prepare a discovery plan for a particular litigation case and then implement that plan? - ANSWER-Yes, once the legal issues have been established by the supervising attorney, a paralegal experienced in litigation is capable of proposing a discovery plan directed at locating and documenting all relevant facts in a usable form from all available sources. What is meant by "procedure" when it is said that a paralegal ethically may answer client questions about procedural matters? - ANSWER-Within this context, the term "procedure" has the same meaning that is provided above: the way in which a task is done. Client questions in this area may cover such things as - How long it will take to obtain a trial date or to process an appeal - What must be filed with the Secretary of State to form a new corporation - How much it costs to obtain an authenticated copy of a court order May a paralegal's time be billed to clients for things such as organizing and photocopying exhibits for trial? - ANSWER-Yes for organizing, no for photocopying. The paralegal's time can be billed to a client only when it constitutes the performance of legal services. Canon 1 - ANSWER-Paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take. Canon 2 - ANSWER-Paralegal may perform any task which is properly delegated and supervised by an attorney, as long as the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product. Canon 3 - ANSWER-Paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the UPL; and (b) establish attorney client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by the court or agency; and (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety. Canon 4 - ANSWER-paralegal uses discretion and professional judgment commensurate with knowledge and experience but must not render independent legal judgment in place of an attorney. Canon 5 - ANSWER-Paralegal must disclose his or her status as a legal assistant at the outset of any professional relationship, with a client, attorney, a court or administrative agency or personnel thereof, or a member of the general publix. Canon 6 - ANSWER-Paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession. Canon 7 - ANSWER-Protect confidences Canon 8 - ANSWER-chinese wall/ disclosure of conflicts to new employers or prospective employers Canon 9 - ANSWER-training and education expansion on ethics Canon 10 - ANSWER-conduct guided by bar associations' code of professional responsibility and rules of professional conduct