Paralegal Licensing Exam Questions with Verified Solutions

Paralegal Licensing Exam Questions with Verified 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