CP CP Ethics & Professional Responsibility 1 — Questions and Answers
Question 1: Under California Rules of Professional Conduct, a paralegal must avoid engaging in the unauthorized practice of law, which includes which of the following?
- Drafting legal documents under attorney supervision
- Giving a client independent legal advice without attorney oversight (Correct answer)
- Filing court documents as directed by an attorney
- Conducting factual research for a case
Correct answer: Giving a client independent legal advice without attorney oversight
Providing independent legal advice to clients without attorney supervision constitutes the unauthorized practice of law in California.
Question 2: Which California statute specifically governs the conduct and qualifications of paralegals?
- California Business and Professions Code § 6450 (Correct answer)
- California Penal Code § 1000
- California Civil Code § 3300
- California Labor Code § 2750
Correct answer: California Business and Professions Code § 6450
California Business and Professions Code § 6450 defines paralegals and establishes their qualifications and ethical obligations.
Question 3: A paralegal discovers that a supervising attorney is billing a client for work the paralegal never performed. The paralegal's primary ethical obligation is to:
- Ignore it since it is the attorney's responsibility
- Inform the client directly
- Report it internally and, if unresolved, to the State Bar (Correct answer)
- Quit the job immediately
Correct answer: Report it internally and, if unresolved, to the State Bar
Paralegals have an ethical duty to report suspected fraud or misconduct through internal channels and, if unresolved, to the appropriate authority.
Question 4: Confidentiality obligations for a California paralegal under the attorney-client privilege:
- End when the client's matter is closed
- Apply only during active litigation
- Continue indefinitely even after employment ends (Correct answer)
- Apply only to oral communications
Correct answer: Continue indefinitely even after employment ends
The duty to preserve client confidentiality survives the end of a matter and the end of employment.
Question 5: When a paralegal changes jobs, which conflict-of-interest concern arises most immediately?
- The new firm's billing rates are higher
- The paralegal may carry confidential information about former clients to the new firm (Correct answer)
- The paralegal must re-take the CP exam
- The paralegal loses all prior work product
Correct answer: The paralegal may carry confidential information about former clients to the new firm
A paralegal switching firms may create a conflict of interest if the new firm represents adverse parties to former clients whose confidential information the paralegal possesses.
Question 6: Under California Business and Professions Code § 6450, which of the following is a required qualification for a paralegal?
- Membership in a State Bar-affiliated paralegal association
- A certificate from an ABA-approved paralegal program OR a degree plus law-related work experience (Correct answer)
- Passage of a state-administered bar examination
- Five years of legal secretary experience
Correct answer: A certificate from an ABA-approved paralegal program OR a degree plus law-related work experience
California § 6450 requires a paralegal to hold either an ABA-approved paralegal certificate or a college degree combined with qualifying law-related experience.
CP CP Ethics & Professional Responsibility 1
Under California Rules of Professional Conduct, a paralegal must avoid engaging in the unauthorized practice of law, which includes which of the following?