Deck 1: Regulation of the Legal Profession

Question 1

"Becky is a paralegal in the state of Georgia who works for a law firm, therefore she is regulated directly by the Georgia Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely:

A) a statement that cannot possibly be accurate
B) an accurate statement
C) a statement that is most likely not accurate
D) a statement that has nothing to do with this course.

Answer 1

C

Question 2

Paralegal Daniel works for a firm that wants to hire an accountant. He has been asked to find out if the accountant's name can be placed on the office door and the directory in the lobby of their building. He cannot locate any state statute on point. To make matters worse, he has found conflicting information from other states. What is his best course of action now?

A) He should advise the firm that he is not qualified to do this assignment because there is no clear law on the subject.
B) He should advise the firm to not list the accountant's name on anything because if there is no law authorizing what they want to do, it is probably illegal.
C) He should advise the firm to ask their state's appropriate authority (such as the state bar's ethics committee) for an advisory opinion on listing a non-lawyer on various firm things such as the door, letterhead stationery, advertisements, and the lobby directory.
D) He should advise the firm to go ahead with the plan because if there is no law against it, it is probably okay.

Answer 2

C

Question 3

Attorney Howard has just gotten a "letter of suspension" from his state's lawyer disciplinary authority. He's sitting his desk working on one of the cases assigned to him.You, his trusty paralegal, have one thing to say to him. What is it?

A) Have you considered a new career?
B) How about if I help you clean out your office.
C) I'm sure no one will mind if you just do a little bit of legal work so long as you don't meet with any clients.
D) Maybe we should research the law to see if you are allowed to do paralegal work during your suspension.

Answer 3

D

Question 4

The Legislature of the State of Flux is considering a "registration scheme" for paralegal regulation. An accurate translation of that is:

A) the state is creating a plan to have paralegals take an exam much like the one that lawyers must take.
B) the state intends to put paralegal regulation under the department of real estate.
C) the state intends to give paralegals a title such as Esq.
D) the state intends to ask practicing paralegals in Flux to identify themselves and provide contact information.

Question 5

Emily is a paralegal from Florida who is considering a move to Hawaii. She read the following statement on the internet: "Paralegals in Hawaii are regulated directly by the Hawaii Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely:

A) a statement that is most likely not accurate
B) a statement that cannot possibly be accurate
C) a statement that has nothing to do with this course.
D) an accurate statement

Question 6

Paralegal Olivia is moving to Ohio, a state where paralegals can get "certified" She asks you what she can expect when she goes to get a new job there. You can tell her:

A) certification is voluntary and highly respected.
B) there is a minimum requirement for education or training.
C) she will have to take and pass a test.
D) All of the above are true.

Question 7

Alia has just completed her paralegal education! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:

A) New York or New Jersey. (They have reciprocal licensing programs.)
B) California
C) Delaware.
D) Mars. Perhaps there is paralegal licensing there. There are no states that license paralegals

Question 8

Emma is a freelance paralegal who is doing some legal research for a client law firm in another state - the State of Pennada. This is making her research a little more complicated As is often the case, there is no law in Pennada on the issue she is researching. There is, however, case law (a case directly on point) from her own state that also uses the ABA Model Rules as the basis for its state law.
The next step Emma should take in her research is:

A) compare the relevant Pennada professional conduct rule with the corresponding rule in her own state. If they are the same, then she may be able to use case she found.
B) only look for cases from her state because other state case law is irrelevant
C) compare the Pennada professional conduct rule with the ABA Model Rule. If Pennada has changed the rule, then it is invalid.
D) check for other cases, because the case she found is useless.

Question 9

Isabella is a paralegal sharing an office with a law clerk. The clerk (Jacob) was asked to research a legal ethical issue. Jacob found a case that referred to EC 1-1 and doesn't know what it means. Isabella should tell Jacob that "EC" refers to:

A) a Ecology Relief state code
B) an ABA Model Code (or state code) Ethical Consideration
C) an ABA Model Rule (or state Rule) Extension Concept
D) an ABA Canon of Ethical Considerations

Question 10

Madison is a recent graduate of a fine paralegal school! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:

A) New York, New Jersey, or Pennsylvania (They have reciprocal licensing programs.)
B) Antarctica. Perhaps there is paralegal licensing there. There are no states in the United States that license paralegals.
C) Florida.
D) Arizona

Question 11

There are various ways of regulating paralegals that have been discussed and attempted in many states. All of the different types of regulation methods are designed assume that:

A) paralegals must work under the supervision of lawyers.
B) paralegals will be held to the highest ethical standards and are considered professionals.
C) paralegals will be regulated by the highest court of the state.
D) paralegals will have specific educational requirements.

Question 12

Paralegal Beverly is researching a point of law dealing with whether or not a law firm's website can use a suedoname for the URL. In other words, can her law firm use the web address "www.terrificlawyers.com"? She cannot locate any state statute on point but has conflicting information from other states. What is her best course of action now?

A) She should advise the firm to go ahead with the plan because if there is no law against it, it is probably okay.
B) She should advise the firm to ask their state's appropriate authority (such as the state bar's ethics committee) for an advisory opinion on using the trade URL name.
C) Beverly should advise the firm that she is not qualified to do this assignment because there is no clear law on the subject.
D) She should advise the firm to not use the trade URL because if there is no law authorizing what they want to do, it is probably illegal.

Question 13

Lorissa is doing some research on a legal ethical issue. She read a case that referred to DR 1-101(B) and doesn't know what it means. You can help her. "DR" refers to:

A) an ABA Model Rule Dumb Rule
B) a Disaster Relief state code
C) an ABA Model Code Disciplinary Rule
D) an ABA Canon of Direct Responsibility

Question 14

Paralegal Sofia is moving to a state where paralegals are "registered." She asks you what she can expect when she goes to get a new job there. You can tell her:

A) most registration statutes do not have a minimum requirement for education or training. The purpose of registration is just to allow the state to find the registered person.
B) if she is going to work directly with members of the public in a registration state, she will have to register, tell the state authority (whichever one it is) where she lives, works, and that she is financially responsible. She may have to post a bond.
C) if she is going to get a traditional job working for lawyers, registration is not an issue for her.
D) Registration statutes are designed to collect contact information about the registered people and most registration statutes do not include a requirement of a minimum education, but lawyers do not typically require registration.

Question 15

Carrie is a freelance paralegal who is doing some legal research for a client law firm. She works in a firm that is in State G, a state that uses the ABA Model Rules as the template for its state law on professional responsibility. As is often the case, there is no law in her state on the issue she is researching. There is, however, case law (a case directly on point) from State Y that also uses the ABA Model Rules as the basis for its state law.
The next step Carrie should take in her research is:

A) only look for cases from her state because other state case law is irrelevant
B) compare the relevant State G professional conduct rule with the corresponding rule in State Y. If they are the same, then she may be able to use case she found.
C) compare the State G professional conduct rule with the ABA Model Rule. If State G has changed the rule, then it is invalid.
D) check for other cases, because the case she found is useless.

Question 16

Paralegal John is writing a brief in defense of a lawyer facing disciplinary charges. John has a choice between citing his state's professional conduct rule 3.6 (on trial publicity) or ABA Model Rule 3.6. Both rules say exactly the same thing. His best choice is to

A) cite his state's rule. This is true because lawyers in John's state are bound by the laws of that state, not the "models" written by the ABA.
B) cite the ABA Model Rule because the ABA Rules have more authority than the state rules. This is true because the ABA is a federal agency.
C) do not cite either. This is true because the rules of professional conduct are just "rules," not law.
D) cite the ABA Model Rule because the ABA Rules have more authority than his state rules. This is true because the ABA has been writing rules of professional conduct longer than any state.

Question 17

Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to

A) cite the ABA Model Rule because the ABA Rules have more authority than the state rules. This is true because the ABA is a federal agency.
B) do not cite either. This is true because the rules of professional conduct are just "rules," not law.
C) cite her state's rule. This is true because lawyers in Ava's state are bound by the laws of that state, not the "models" written by the ABA. She can still refer to the Comments if she needs them.
D) cite the ABA Model Rule because the ABA Rules have more authority than state rules. This is true because the ABA has been writing rules of professional conduct longer than any state.

Question 18

Attorney Howard has just gotten a "letter of reproval" from his state's lawyer disciplinary authority. He's cleaning out his desk, assuming he is no longer authorized to practice law. You, his trusty paralegal, have one thing to say to him. What is it?

A) A letter of reproval doesn't mean you are disbarred!
B) Put your stuff back in the drawers, my friend. You can still do paralegal work.
C) Don't call us. We'll call you.
D) Dude. Take care and have a nice life.

Question 19

There are many different ways of regulating paralegals. All of the different types of regulation methods are designed assume that:

A) paralegals all have education in legal ethics.
B) paralegals must be regulated by some state agency.
C) paralegals and lawyers are bound by the same rules of ethics
D) paralegals will always work under the supervision of lawyers.

Question 20

The State of Eufouria is considering a "title scheme" for paralegal regulation. An accurate translation of that is:

A) the state intends to give paralegals a title such as Esq.
B) the state intends to define the word paralegal and regulate who may use that "title" by specifying qualities such as proper education, training, and experience.
C) the state is creating a plan to have paralegals take an exam much like the one that lawyers must take.
D) the state intends to put paralegal regulation under the department of real estate.

Question 21

Anton is attending a paralegal school at night and looking for his first paralegal job. As he considers the different levels of pay offered by law firms and government agencies, he is struck by the question of overtime pay. He doesn't understand the what the word "exempt" is doing in the ads. You can help him because you know that

A) "exempt" means that paralegals are considered clerical personnel so they are exempt from professional status - they are paid overtime.
B) "exempt" means that paralegals are considered employees who are exempt from overtime pay: that is, they are not paid overtime.
C) "exempt" means that paralegals do not have to pay income taxes on their paycheck. They are exempt from taxes.
D) "exempt" means that the employer considers paralegals exempt from many ordinary duties.

Question 22

Sylvia has just graduated from law school and is completing her application to become a member of her state bar association. She is concerned about a theft conviction from several years ago. She pled guilty and got probation. She successfully completed the probation and it is all behind her. However, there is a question on the bar application about "any prior convictions" and Sylvia is concerned that her past will keep her from the future she wants. Sylvia should:

A) omit the conviction and, if it comes up later, admit that it was omitted intentionally to show good moral character.
B) omit the conviction and use a false social security number so the conviction will not be discovered.
C) omit the conviction and, if it comes up later, just say that the omission was a simple error.
D) tell the truth on her application because lying or omitting will be seen as evidence of bad moral character.

Question 23

Horatio is attending a paralegal school and has begun investigating the various national paralegal organizations. When he comes across the initials NFPA, he can't figure out what the letters stand for. You, his very clever friend, can offer him assistance.

A) The National Federation of Paralegal Associations
B) The Nationwide Focus of Paralegal Alliances
C) The National Friendship of Paralegal Association
D) The Nationwide Federation of Paralegal Alliances

Question 24

Rosa is considering becoming a lawyer, but doesn't want to spend too much time in school. From the time she graduates from high school, how many years of school should Rosa anticipate for becoming a lawyer?

A) Rosa should expect to spend a total of 9 years in school: four in college and another 5 in law school.
B) She should expect to spend a total of 7 years in school: four in college and another 3 in law school.
C) Rosa should expect to spend a total of two years in school: two years of college is enough.
D) She should expect to spend a total of 4 years in school: a college degree is all that is required.