CLA/CP Exam CLA/CP Professional and Ethical Responsibility Questions and Answers 2 — Questions and Answers
Question 1: A paralegal discovers that the supervising attorney has missed a critical filing deadline. What is the paralegal's most appropriate first step?
- File the document immediately without telling the attorney
- Immediately notify the supervising attorney of the missed deadline (Correct answer)
- Contact the client directly to explain the error
- File a complaint with the state bar association
Correct answer: Immediately notify the supervising attorney of the missed deadline
A paralegal must promptly notify the supervising attorney of any missed deadlines so the attorney can take corrective action and fulfill their duty to the client.
Question 2: Which of the following activities would constitute the unauthorized practice of law by a paralegal?
- Drafting a complaint under attorney supervision
- Advising a client on whether to accept a settlement offer (Correct answer)
- Conducting legal research on case precedents
- Organizing and indexing documents for trial preparation
Correct answer: Advising a client on whether to accept a settlement offer
Providing legal advice, such as recommending whether to accept a settlement, is the practice of law and is reserved exclusively for licensed attorneys.
Question 3: A paralegal working at a family law firm leaves to join a firm representing the opposing spouse in an active divorce case. What must occur?
- The paralegal may work on the case if they promise not to share information
- The new firm must implement an ethical screen around the paralegal (Correct answer)
- The paralegal must withdraw from the new firm entirely
- No action is needed because paralegals are not bound by conflict rules
Correct answer: The new firm must implement an ethical screen around the paralegal
When a paralegal switches firms and has a conflict of interest, the new firm must establish an ethical wall to screen the paralegal from any involvement in the conflicting matter.
Question 4: Under NALA's Model Standards and Guidelines, which statement best describes a paralegal's obligation regarding continuing education?
- Continuing education is optional and left to employer discretion
- Paralegals should maintain competence through continuing legal education and professional development (Correct answer)
- Only paralegals with certifications need continuing education
- Continuing education is required only during the first five years of practice
Correct answer: Paralegals should maintain competence through continuing legal education and professional development
NALA's guidelines emphasize that paralegals have a professional obligation to maintain and enhance their competence through ongoing education and training.
Question 5: An attorney asks a paralegal to notarize a document that the paralegal did not witness being signed. The paralegal is a commissioned notary. What should the paralegal do?
- Notarize the document since the attorney requested it
- Refuse to notarize because the signer was not personally present (Correct answer)
- Notarize it but note the attorney's request in the notary journal
- Ask another paralegal to notarize it instead
Correct answer: Refuse to notarize because the signer was not personally present
A notary public must personally witness the signing or obtain satisfactory evidence of identity; notarizing an unwitnessed signature violates notary law regardless of who requests it.
Question 6: Which of the following best describes the concept of 'fee splitting' as it relates to paralegals?
- A paralegal may split legal fees with an attorney as a performance bonus
- An attorney may not split legal fees with a paralegal because it constitutes aiding unauthorized practice of law (Correct answer)
- Paralegals may receive a percentage of fees only in contingency cases
- Fee splitting is permitted if disclosed to the client in writing
Correct answer: An attorney may not split legal fees with a paralegal because it constitutes aiding unauthorized practice of law
Attorneys are prohibited from splitting legal fees with non-lawyers, including paralegals, as it could incentivize the unauthorized practice of law.
CLA/CP Exam CLA/CP Professional and Ethical Responsibility Questions and Answers 2
A paralegal discovers that the supervising attorney has missed a critical filing deadline.
What is the paralegal's most appropriate first step?