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Paralegal PCCE CORE Test Prep - Question List

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56. Jan is a paralegal employed by Curley & Moe, a mid-size law firm. Her supervising attorney is Bob. Bob is representing Gil in the sale of the manufacturing division of Gil’s business. Jan is aware that, pursuant to the purchase and sale agreement, Curley & Moe is holding $75,000 in its trust account. Curley & Moe has procedures for handling client money and deposit of fees, and those procedures include using a check request form to obtain checks for payment of funds out of the firm’s trust account. However, all accounts are overseen by a senior partner, and only two senior partners are signatories on the trust account. Under the purchase and sale agreement, the $75,000 can be released to Gil when all assets of the manufacturing division have been transferred to the purchaser. After a month of work, all of the assets have been transferred. Jan’s supervising attorney has asked Jan to submit a check request to the office manager and obtain a check payable to Gil in the amount of $75,000. From the answer choices listed below, what is Jan’s best response?
  1. Call the confidential state bar ethics hotline and ask how she should handle the situation because her supervisor’s request appears to violate the ethics rules.
  2. Prepare the check request according to office procedure, but ask that the check be given directly to her supervising attorney.
  3. Prepare the check request according to office procedure, obtain the check for Gil, and inform her supervising attorney as soon as she has the check.
  4. Decline to prepare the check request and obtain the check unless her supervising attorney shows that she is permitted to handle client funds in this way.
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57. Judith and Alan are attorneys and partners in a two-attorney law firm. The law firm has been successful in establishing a practice focusing on ERISA law. Although both Judith and Alan are involved in management of the firm, Judith is responsible for most personnel and operational matters, and Alan is responsible for most bookkeeping and computer system matters. Judith is aware that Alan has been gambling on regular basis at a casino on a nearby Indian reservation. Judith also told Alan that, due to his gambling habit, she has started monitoring the business and trust accounts. One day, Alan takes $5,000 from the firm’s trust account so he can use it for gambling at the casino, and Judith learned of Alan’s conduct before he went to the casino, but did nothing to stop Alan. Is Judith subject to disciplinary action for Alan’s use of the client funds in the trust account?
  1. Yes, because Judith is a partner in the law firm and required to make reasonable efforts to make sure all other attorneys in the firm follow the Model Rules.
  2. Yes, because Judith knew of Alan’s potential conduct before Alan went gambling and could have avoided or mitigate the loss of client funds, but failed to do so.
  3. No, because Alan was the partner responsible for the firm’s trust account and knowledge of Alan’s gambling habit is not enough to support disciplinary action.
  4. No, because partners in a law firm are not subject to discipline for violations of the Model Rules, with the exception of imputed conflicts of interest.
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58. A paralegal is employed by an attorney who often acts as a mediator or an arbitrator. The paralegal often assists the attorney before and during mediations and arbitrations and does legal research to assist the attorney in determining matters. Just before an arbitration hearing is set to begin, the paralegal was in the firm’s conference preparing for the hearing. The complainant, who is not represented by counsel, is in the conference room, but neither the paralegal’s employer, nor the opposing counsel, nor the respondent are in the room. The complainant asks the paralegal, “Is your employer going to argue that the respondent was negligent in failing to have his brakes fixed?” The paralegal responds by explaining that her employer does not represent him (the complainant) and that her employer’s role in the arbitration is that of a third-party neutral who will make an award in the case. Was the paralegal’s response appropriate under the Model Rules?
  1. Yes, because it is consistent with the requirements of the Model Rule regarding lawyers serving as third-party neutrals.
  2. Yes, because the Model Rules require lawyers serving as third-party neutrals to explain the arbitration process.
  3. No, because the paralegal spoke directly to an unrepresented party.
  4. No, because the paralegal failed to advise the complainant to seek the advice of counsel.
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59. Which of the following sentences does NOT use correct capitalization?
  1. This Court does not have jurisdiction over the defendant because the claim does not exceed $75,000.
  2. The Appellee filed its responding brief yesterday.
  3. The petitioner and the respondent agreed to settle the dispute.
  4. The Court adopted the appellant’s argument and reversed the lower court.
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60. Under the Model Rule on fairness to opposing party and counsel, a lawyer may NOT do which of the following during trial?
  1. During closing arguments, assert personal knowledge of a fact in issue.
  2. Testify as a witness in the same case in which the lawyer represents a party.
  3. Cross-examine an opposing party with contradictory documents produced by the opposing party.
  4. Refrain from presenting evidence the lawyer knows is false.
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