Legal Support Client Relations and Ethics 2 — Questions and Answers
Question 1: What is a 'non-engagement letter'?
- A letter confirming an attorney will not represent a prospective client (Correct answer)
- A letter terminating an existing client relationship
- A letter declining a settlement offer
- A letter refusing to appear in court
Correct answer: A letter confirming an attorney will not represent a prospective client
A non-engagement letter is sent to a prospective client to clearly communicate that no attorney-client relationship has been formed and to advise them of any applicable deadlines.
Question 2: What is 'competence' as an ethical duty for attorneys?
- Having the legal knowledge, skill, thoroughness, and preparation necessary for the representation (Correct answer)
- Passing the bar exam
- Maintaining current CLE credits
- Having malpractice insurance
Correct answer: Having the legal knowledge, skill, thoroughness, and preparation necessary for the representation
The duty of competence requires attorneys to possess and apply the legal knowledge, skill, thoroughness, and preparation reasonably necessary for each representation.
Question 3: What is an 'engagement letter' in legal practice?
- A letter confirming the terms of the attorney-client relationship (Correct answer)
- A letter inviting a client to a deposition
- A letter from the court assigning a case to an attorney
- A demand letter sent before filing suit
Correct answer: A letter confirming the terms of the attorney-client relationship
An engagement letter is sent to a new client to confirm the scope of representation, fee arrangements, and terms of the attorney-client relationship.
Question 4: What must a legal support professional do when asked to perform an unauthorized practice of law?
- Decline and inform the supervising attorney (Correct answer)
- Perform the task if competent to do so
- Refer the client to another attorney
- Ask the client to sign a waiver
Correct answer: Decline and inform the supervising attorney
Legal support professionals must refuse to perform tasks that constitute the unauthorized practice of law and must notify their supervising attorney of the situation.
Question 5: What is the NALS Code of Ethics for legal professionals?
- Professional standards guiding integrity and competence for legal support staff (Correct answer)
- Rules for attorney conduct in federal court
- Bar association admission requirements
- Court reporting certification standards
Correct answer: Professional standards guiding integrity and competence for legal support staff
The NALS Code of Ethics establishes professional and ethical standards for legal support professionals, emphasizing integrity, competence, and service to the legal system.
Question 6: What is 'client trust accounting'?
- Maintaining client funds in a separate account from the firm's operating funds (Correct answer)
- Reporting client financial information to the IRS
- Managing the firm's client billing database
- Investing client settlement funds
Correct answer: Maintaining client funds in a separate account from the firm's operating funds
Client trust accounting requires attorneys to keep client funds (such as settlement proceeds or retainers) in a separate account, never commingling them with firm funds.
Legal Support Client Relations and Ethics 2
What is a 'non-engagement letter'?