Paralegal Exam 1 ( PLGL-0100-1PL)

What cannot be delegated to a paralegal?

-Establish the attorney-client relationship, i.e accept or reject cases. -Establish the fee amount of the service. - Render a legal opinion to the client.

What should paralegals DO ?

-Paralegals shall keep the clients information confidential. -Paralegals shall avoid conflict of interests. -Paralegals shall be aware that the firms operating funds should be kept separate from its trust account. (trust acct is not the attorneys money) -Paralegals shall maintain competency in their field.

What other things should a paralegal avoid?

-Paralegals shall not provide legal services directly to the public without the supervision of an attorney. - Paralegals shall not represent a client in court. -Paralegals shall no solicit cases for the attorney or split legal fees with the attorney, i.e, bring in business and receive a "cut" of the action. - Paralegals shall not partner with an attorney and practice law. Paralegals shall not communicate directly with an adverse party who has legal representation in a lawsuit. -Paralegals shall no sign documents imparting legal advice.

The state reporter containing Texas cases.

3rd, almost at the 4th

How many district courts does Texas have?

4

How many legal systems are there in the United States?

50 states 1 Federal system (1) District of Columbia

What is a paralegal ?

A person who assists an attorney and, working under the attorney's supervision.

What is not considered a secondary source?

A statute

What are the basic components of "billing"?

Date Association TIme Description

Define "secondary authority" and give some examples. What is the value of secondary?

All other sources that are not primary that help us explain, discuss and find. Ex: legal journals, magazines, encyclopedias

What type of jurisdiction do the state courts have?

Has general jurisdiction

How does delegating legal work to paralegals benefit the attorney and the law office ?

Helps with customer service, the more eyes and ears the better, thus creates more clients, more work, and more money.

8 search Steps

IDENTIFY CATEGORIZE consult SECONDARY STATUTES CASES locate MORE CASES UPDATE REPORT

First 4 steps of legal research:

Identify the research questions Categorize Consult secondary sources Locate a relevant statute

What are the consequences of failing research adequately?

Legal malpractice, credibility, getting hired.

What type of jurisdiction do the federal courts have?

Limited jurisdiction

TAPP, TARP and cartwheeling are:

Methods for creating search terms.

What are some "ground rules" before a federal court will hear a case?

Needs to have an actual case or controversy Must have a standing/rule No "what ifs"

Are there credentials paralegals need to obtain?

No

Do paralegals need a license?

No

Is there a difference between paralegal and legal assistant?

No

Does "stare decisis" mean the law can never change?

No, the law can always be changed as time goes by and it happen through the supreme courts/government. Lawyers can also seek for a law to be changed if there is a "good faith belief".

Does the public understand the role of a paralegal ?

Nope, but they have to know the difference between a paralegal and attorney.

Identify your statewide paralegal organization

Paralegal Division of the State Bar of Texas

How do attorneys charge a client for legal services?

Bill by the hour Contingency (%) "Flappies" (modified hourly)

How do we get case opinions?

Binding primary

What work can be delegated to the paralegal?

Paralegals can perform delegated duties for an attorney, provided: -No independent professional legal judgment is required. -The attorney maintains a direct relationship with the client. -The attorney supervises the paralegal work. -The client understands the paralegal is not the attorney. -The attorney is professionally responsible to the client for all actions.

What is the main difference between the expert legal researcher and the beginner?

Persistence

What are the "3P's" of legal research?

Practice, patience, persistence

What type of authority is binding by the court?

Primary (binding: court has to follow)

Identify your local paralegal organization

San Antonio Paralegal Association

Is the matter substantive or procedural?

Substantive - includes all laws of general and specific applicability Procedural- establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law.

3 methods for developing words to try in an index:

TAPP TARP Cartwheel

Where in the law library can we find the Texas Statutes?

Texas Codes, Texas revived Civil Statutes

Which ethical rules govern attorneys?

Texas Disciplinary Rules of Professional Conduct

Which of the following is a primary source of law?

Case Statute Constitutional Provision Administrative Regulation

What are some categories to consider when analyzing a research question?

Civil/criminal Substantive/procedural State/federal

Where can we located federal administrative regulations?

Code of Federal Regulations

What is "common law" and where did it come from?

Common law: same solution, to the same set of facts. Common law came from the old english system (judicial).

What other job skills and attributes do paralegals need to function well?

Computer skills Time management Customer service Organization skills

What are the 3 sources of law, other than cases ?

Constitutions and Statutes: passed by a legislative body at the local, state, and federal levels. Administrative Regulations: federal and state agencies; social security administrations, TDPS. Executive Branch: the president; treaties,and can modify/change the law.

What is stare decisis?

The legal doctrine that courts should follow established law.

What is an appeal?

When you do not like the trial courts decision, so you go to a higher court.

Parallel citations

When you find the same thing in a different place

Journalistic approach

Who What When Where When Why How

Do attorneys need a license?

Yes

3 basic parts of a citation:

volume, source, page or section

T/F: All court cases are easy to read and have easily identifiable holdings.

False

T/F: As used in the Texas Disciplinary Rules of Professional Conduct, the term "unauthorized practice of law" is a clearly defined term.

False

T/F: Rule 5.05 prohibits lawyers from employing the services of paralegals and forming delegation functions with them.

False

T/F: Under Rule 8.03 and the comment, a paralegal having knowledge that a lawyer has committed a violation of applicable rules of professional conduct must inform the State Bar of Texas of the violation else face disciplinary consequences.

False

T/F: According to Rule 5.05, a non-lawyer who represents himself or herself in litigation (appears pro se) is engaged in the unauthorized practice of law.

False, you can always represent yourself.

Benefit to the client to have a paralegal ?

Financial savings and another person they can seek help from if need be, with in the rules of a paralegal.

Is it more important to know the law or be able to find it?

Find it; the law is always changing, so you can know it but not.

What is the goal of legal research?

Find primary authority that is relevant.

What is the paralegals job?

Find relevant law

Where does a case begin?

Trial court

T/F: C.L.A means Certified Legal Assistant.

True

T/F: One of the highest demand areas for paralegals is in civil litigation.

True

T/F: The clients case may require both legal and factual research

True

T/F: The national organization that offers the C.L.A. exam is called "NALA" which stands for the National Association of Legal Assistants.

True

T/F: The rules that govern ethical conduct for attorneys in Texas are known as the Texas Disciplinary Rules of Professional Conduct.

True

T/F: The terms paralegal and legal assistant are used interchangeably.

True

T/F: Under Rule 5.03 and the comment, a supervising attorney who employs a paralegal must make reasonable efforts to ensure that the paralegal's conduct is compatible with the Texas Disciplinary Rules of Professional Conduct.

True

T/F: Under Rule 5.03, an attorney is subject to discipline by the State Bar of Texas if a paralegal violates the Texas Disciplinary Rules of Professional Conduct.

True IF: the attorney encouraged the conduct involved. the attorney had direct supervisory authority over the paralegal and knowledge of the misconduct, yet failed to take reasonable action to mitigate the consequences of the paralegals conduct.

T/F: Many law firms bill paralegal time spent on the case directly to the clients, just like attorney time.

Ture

Which of the following does not contain federal statutes?

U.S. U.S.C. U.S.C.A. U.S.C.S. U.S.

What happens when a paralegal violates an ethical rule?

-Could get the attorney/firm in trouble -Demotion -Lose credibility

Which of the following is a way to locate statutes?

A. By given citation B. Popular name approach C. Title/topic approach D.Descriptive Word Method E. All of the above ALL OF THE ABOVE

How should you describe the activity or service for billing purposes?

Always have enough information to keep the clients informed of what they are being charge.

What core knowledge is necessary for all paralegals?

Ethics Legal research Civil Procedure

Secondary sources of law:

Explain, discuss and help locate primary sources.

All paralegals must take the C.L.A exam.

False

Which of the following is true regarding the United States Code?

It is an "official" publication.

Lydia Goodlawyer is an attorney and solo practitioner. Lydia employs two paralegal. Lydia would like to form a partnership with them for the purpose of practicing law. Is this permissible under Rule 5.04?

It is not permissible.

How do attorneys and paralegals manage their time?

Some sort of case management program, all firms have one.

What is the structure of the Texas court system?

Specific cases go to specific court systems

What is "stare decisis" and what are some of its benefits?

Stare decisis: to the stand by things decided. Follow what the rule is; promotes fairness & consistency.

Into what 3 preliminary categories can we classify our research question?

State, federal, legal

Define "primary authority" and give some examples.

The official pronouncement of the law. Ex: cases, constitutions, statutes, administrative regulations

How does "stare decisis" mean more than simply following settled cases?

There just needs to be relevance and it needs to be within the same jurisdiction.

"TAPP" rule:

Thing Actions Persons Place

"TARP" rule:

Thing cause of Action Relief Parties

"Cartwheel" method

Think of synonyms, antonyms, related words, and the relevant agencies, etc. to find search terms

What is an attorneys main product?

Time

According to Rule 5.05, why have courts generally prohibited the unauthorized practice of law?

To protect individuals and the public from the mistakes of the untrained and the schemed of the unscrupulous who are not subject to the judicially imposed disciplinary standard of competence, responsibility, and accountability.

In what books can we locate the Texas state statutes?

Vernon's

Which of the following best describes the order and contents of a case citation?

Volume, source, page

Assuming that the client has given no instructions to the contrary, may a lawyer reveal confidential information obtained from his client to the paralegal assisting on the case? If yes, state the specific provision that governs, Use Rule 1.05.

Yes. C3, B12.

List 6 primary sources of law:

cases, constitutions, administrative decisions, municipal, county ordinances, court roles

The U.S. Courts of Appeals are:

circuit courts part of the 5th circuit in Texas

Texas statutes are:

codified- organized by subject matter into a code uncodified- not systematized or reduced to a code.

Is the matter civil or criminal?

criminal case - crime against the state (5th amendment applies better to criminal) civil case - a dispute between private parties. (if they pleas the 5th n civil, you can assume they are guilty)

Pocket part:

if at the library. it is a little slip inside of the book

Rule 5.05 does not attempt to define what constitutes the "unauthorized practice of law" but leaves the definition to:

judicial development, i.e., court decisions.

List 2 secondary sources of law:

legal dictionaries/encyclopedias, law reviews

The 3 P's of legal research are: patience, practice and _________ .

persistence

The person who brings a civil lawsuit is generally referred to as the:

plantiff

Is it state or federal matter?

state courts involve state law; mostly criminal cases because most crimes are violations of state/local law (individual rights, divorce) federal courts handle cases involving federal law (bankruptcy)

Under Rule 5.04 and the comment, a lawyer may properly award an annual year-end bonus to her paralegal if:

the bonus is neither based on percentage of the law firms profits or on a percentage of legal fees nor is give as a reward for conduct forbidden to lawyers.