The Paralegal Professional (5th edition) (Intro to Paralegal Profession) flash cards
Pat the Paralegal is meeting a client for the first time and will be conducting an intake-type interview. The best introduction would be:
"Hello, my name is Pat. I am Lawyer Lee's paralegal. I will be asking you some questions today."
The best response to give when a potential client calls and asks for your help in completing forms he purchased online for a do-it-yourself divorce would be:
"I am sorry. I cannot give you legal advice, but I would be happy to make an appointment for you to speak with my supervising attorney."
To maintain the CLA designation, a paralegal must complete how many hours of continuing legal education every five years?
50
Feedback from an interview is only important if you do not receive a job offer.
False
Inadvertent disclosure always results in automatic waiver of the confidentiality of the material disclosed.
False
Intellectual property law frequently involves class action and complex product liability cases.
False
Money earned from an IOLTA account is paid to judges.
False
Most states require that a paralegal prove competency through state-based testing, similar to a bar exam.
False
No organizations provide model rules of conduct for paralegals to follow.
False
Paralegal can never appear and represent clients during hearings.
False
Paralegals are not allowed to participate in pro bono activities because they are not licensed to practice law.
False
Paralegals are not governed by the unauthorized practice of law because they are not attorneys.
False
Paralegals never can have a conflict of interest because they cannot represent a client in court.
False
Solo Practices only exist in small town environments because office space is too expensive in large cities for attorneys to practice on their own.
False
The Model Rules of Professional Conduct are adopted by all 50 states
False
The amount a paralegal charges for billable hours is the same amount as the hourly wage the paralegal receives.
False
The confidentiality of work product is protected under the Federal Rules of Civil Procedure 501.
False
The tasks that a paralegal receives are very standardized throughout practice areas.
False
The terms paralegal and legal assistant should not be used interchangeably as positions and skills required are very different.
False
Using electronic data storage never causes a data security concern because computers rarely have issues with unauthorized access.
False
Which of the following must a paralegal not do?
Give legal advice where legal rights are affected
The title of that person in the law office who hires, supervises, trains, and elevates paralegals will likely be:
Paralegal manager
Which of the following soft skills would a potential employer desire in a paralegal?
Perseverance Initiative Communication (all of the above)
What is not an example of an attribute that creates a positive impression?
Rigid
Which federal agency allows paralegals to represent others before it?
Social Security Administration
Regulation of the practice of law is done at what level?
State
Why is the practice of law regulated?
To protect the public from incompetent attorneys
A new role in a law firm is that of a paralegal manager who asks as a liaison between paralegals and attorneys.
True
A nurse who is seeking a new career may find that there is work to perform in a law office by reviewing medical records.
True
A paralegal may appear and represent a client's interest at Social Security Disability hearing.
True
A paralegal owes the same duty of confidentiality to a client that an attorney owes.
True
A paralegal should always run a conflict check on themselves whenever a practice gains a new client.
True
Billable hours are frequently used to determine compensation in large law firms.
True
Courts differentiate between secretarial fees and hourly fees associated with the work of a paralegal when calculating awards.
True
Filling out of forms is permissible as long as the paralegal doesn't suggest or recommend what forms to use under Florida law.
True
Firms typically pay filing fees upfront and then bill the client for those costs.
True
Funds received by an attorney on behalf of a client must be deposited into a trust account and not comingled with firms funds.
True
In Florida, the UPL statute specific discusses what it means to be a paralegal.
True
In a specialty firm, paralegals are often tasked to maintain relationship with other firms and paralegals to help create professional associations.
True
Model Rules of Professional Conduct 5.1 and 5.3 require an attorney to property supervise his support staff including paralegals.
True
NFPA has adopted disciplinary rules for its members.
True
Paralegals are less likely to serve as book a bookkeeper and receptionist in a large law firm than they are in a small practice.
True
Paralegals should know how to perform legal research using electronic as well as traditional book research methods.
True
The ABA has provided guidelines for the utilization of paralegals by attorneys.
True
The Model Rules of Professional Conduct allow individual states to have a high degree of consistency in ethical guidelines.
True
The growth outlook for legal services is projected to increase.
True
The person who claims the privilege is the one who can revoke the privilege.
True
The purpose of the regulation of law is to make sure that individual consumers are protected from incompetent and unscrupulous legal providers.
True
To avoid the appearance of being a licensed attorney, a paralegal should always clearly identify oneself as a paralegal or legal assistant in conversations and communications with clients.
True
Which statement concerning UPL is true?
UPL can be a statutory criminal violation.
During an interview, a paralegal should:
always ask questions of the interviewer
When a paralegal spends much of the day drafting adoption petitions, interviewing clients about child support and property, that paralegal is likely working in:
family law
The following activities would be considered the unauthorized practice of law when done by paralegals:
helping a client determine which power of attorney form is the correct one to use
A paralegal working with patents, trade secrets, copyrights, and trademarks is working in the area of:
intellectual property
Your resume should not include:
marital status
IOLTA accounts represent:
multiple client funds aggregated in one interest-bearing account with interest paid to a court-designated agency like Legal Aid.
The term that describes the establishment of contacts or relationships for professional purposes is known as:
networking
GIF and PDF formats are:
not easily changed
Certificate, Associate Degree, Baccalaureate, and Graduate are types of:
paralegal educational programs
In a law office with two attorneys who share ownership and profits, these attorneys have a:
partnership
Familiarity with accounting methods and financial records will assist the paralegal in:
personal injury litigation. family law. trust and estate administration. (all of the above)
When an attorney is admitted to practice in his state's high court, this usually means that the attorney can:
practice in all lower courts in that state.
Legal writing for a paralegal may include:
preparing briefs. drafting correspondence to opposing counsel. drafting letters to clients. (all of the choices)
Another term used in the legal profession for "for free" or without compensation is:
pro bono
If a law firm requires a new client to deposit funds to offset fees and costs, that firm is asking for a(n):
retainer
A short description of a person's work experience, educational background, and skills is typically contained in a(n):
résumé
If a paralegal works in a firm with just one attorney who focuses his work on advocating rights of senior citizens and estate planning, that paralegal is working in a:
solo, elder law practice
Preparing legal opinions and preparing legal documents are considered:
the practice of law
A paralegal should maintain a list of clients and types of cases represented:
to maintain a conflict check
Which of the following statements is correct?
A paralegal should avoid the unauthorized practice of law
Which of the following is an important tool in a paralegal job search?
A portfolio An electronic resume A cover letter (All are important job search tools)
The obligation to keep information confidential is:
An ethical requirement
What is created even if a potential client does not retain a law firm for representation but that potential client has had a consultation with a paralegal and attorney in that firm?
An implied attorney-client relationship
All but which of the following are formats that may be used in preparing a resume?
Answer: Alphabetical Chronological, reverse chronological and functional are all accepted formats
Ethical obligations of an attorney include which of the following?
Avoidance of a conflict of interest Competence Confidentiality (All of the above)
Those who pass the NALA national certification exam are given the following title:
CLA
What ethical rule requires an attorney to possess the minimum level of knowledge and skill required?
Competence
If a lawyer represents both the husband and wife who are seeking a divorce, that representation would implicate the:
Conflict of Interest Rule
Determining the availability of a business name, preparing annual reports, and preparing stock certificates are all duties of a(n):
Corporate practice paralegal
A Legal Nurse consulting certificate does not require that the student have a background in medicine.
False
A law firm might request a retainer at the end of the representation.
False
A litigation specialists are paralegals that represent clients in court.
False
A nonrefundable retainer is not permitted under the Model Rules of Professional Responsibility.
False
A paralegal who works in a specialty area of law can answer questions that require legal knowledge of that area.
False
A student portfolio should be created during a capstone class.
False
Any paralegal can become a legal nurse consultant as long as they take a medical records course as part of their paralegal training.
False
Attorney client privilege and work product privilege cover documents that are created as a function of normal business operations of a client. This would include sales reports.
False
Candor to opposing counsel means that a lawyer can mislead opposing counsel and the court but not the client.
False
Client service is far more important than billing because a happy client creates new clients.
False
When is it appropriate for a paralegal to give legal advice?
It is never appropriate for a paralegal to give legal advice
Paralegals work in the following settings:
Law Firms, Corporations, and Government agencies
The following organization has no connection to paralegals and legal assistants:
NBA
What organization adopted the definition of a paralegal or legal assistant in 1997?
National Association of Legal Assistants (NALA)
The designation "RP" may be used by those who have successfully taken the:
PACE exam
A paralegal, while working under the supervision of an attorney, may do all of the following except for:
answer: C. appearing in court for a child custody case What we CAN do: interviewing witnesses to a motor vehicle accident. reviewing medical records for a medical malpractice lawsuit. preparing deeds and mortgages for real estate transactions.
If an attorney is sued by a former client for malpractice, that attorney:
can reveal a client confidence.
When a paralegal is verifying that the firm can take on a new client by reviewing names of former and current clients, that paralegal is probably performing a:
conflict check
When meeting a client, a paralegal should always:
disclose his or her status as a paralegal.
A paralegal who spends time working on the cleanup of toxic waste and on the protection of wildlife is likely working in:
environmental law
Ethical conduct is expected of:
every member of the legal team
