Exam (elaborations)
Ethics For Paralegals – Questions And Answers
- Course
- PARALEGAL CERTIFICATION
- Institution
- PARALEGAL CERTIFICATION
Ethics For Paralegals – Questions And Answers
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Ethics For Paralegals – Questions And AnswersJudiciary ✔️Ans -The branch that regulates the legal profession
Integrated bar ✔️Ans -A bar association in which the mandatory and
voluntary aspects of bar activities are combined, and membership is
required.
Model Rules ✔️Ans -Governing rules of conduct for lawyers adopted by all
states except NY, CA and ME.
Ethics Opinions ✔️Ans -Written opinions issued by a bar association
interpreting relevant ethical procedures and applying them to an ethical
dilemma. NOT usually BINDING
Disbarment ✔️Ans -Most severe sanction; revoking a lawyer's license to
practice law. Sometimes allowable to re-admit lawyer if he demonstrates
complete rehabilitation.
Suspension ✔️Ans -Sanction in which attorney is deprived of right to
practice law for a specific period of time
Probation ✔️Ans -Sanction where attorney may practice but certain
requirements must be met.
Reprimand (aka reproval) ✔️Ans -Mildest sanction; a public or private
warning that if ethical violations continue to occur more sever sanction will
be implemented.
Aggravating and mitigating factors (in determining the appropriate
sanction) ✔️Ans -The attorney's COOPERATION in investigation and
understanding of the SERIOUSNESS, the attorney's REPUTATION, the
CIRCUMSTANCES surrounding the event, whether the offense was ONE-
TIME or repeated, the degree that the attorney is REMORSEFUL.
Contempt ✔️Ans -Improper conduct that impairs the administration of the
courts or shows disrespect for the dignity or authority of the court.
, Motions to disqualify counsel ✔️Ans -Brought by an opposing counsel who
claims lawyer has a conflict of interest.
Off limits to Paralegals ✔️Ans -These areas are_____
1. Representing a client in court
2. Taking depositions
3. Signing pleadings
4. Giving legal advice
No ✔️Ans -May a paralegal initiate the attorney-client relationship and
determine fees?
Exceptions to non-lawyers in court ✔️Ans -1. Pro se litigation
2. Marital relationship
3. Law students
4. Paralegals if local, uncontested and they meet requirements
Deposition ✔️Ans -Method of discovery in which a witness or party makes
statements under oath, in question-and-answer form.
Legal advice ✔️Ans -When one recommends a particular course of action to
another based on their specific situation and in relation to law.
Jailhouse lawyers ✔️Ans -Inmates who help other inmates to prepare post
conviction writs.
Pitfalls for paralegals ✔️Ans -Will execution
Real estate closing shift
Negotiating settlements
Practice of law ✔️Ans -When action or advice
1 affects legal rights
2 requires skill and knowledge of law greater than average citizen
Then it is _______
Attorney-client privilege ✔️Ans -The rule of evidence that protects
confidential communications between a lawyer and a client made in the
course of the professional relationship
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