Practice Quiz

Paralegal

Category - Ethics

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A certified paralegal was employed by a small law firm and was also responsible for the bookkeeping. The paralegal prepared a check from the trust account payable to a friend. Her employer signed the check along with several other checks related to client matters. Her friend cashed the check and split the money with the paralegal. Which of the following are possible consequences for the attorney?
  1. Criminal charges.
  2. Civil suit by a client.
  3. Disciplinary proceedings.
  4. Two of the above.
Explanation
Answer: D - Two of the above. A lawyer must safeguard a client’s property. Model Rule 1.15. Answer B is one possible consequence because the attorney was negligent in allowing the money to be taken from the trust account. Answer C is another possible consequence because the negligence resulted in a breach of Model Rule 1.15. Criminal charges are not likely because the attorney was not directly culpable for the theft or use of the client money.
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