Practice Quiz

Paralegal

Category - Ethics

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A family law attorney was representing a wife in a divorce case. The jurisdiction required that each party prepare and file certain forms to disclose all relevant financial information. The attorney assigned the task of drafting the forms to a paralegal, instead of an associate in the office, because she knew that the paralegal had more experience with the forms, and because she needed the associate to draft a motion. The paralegal can perform the task if ____________________________________.
  1. The attorney does not charge the client an hourly rate for the paralegal’s time in preparing the forms.
  2. The paralegal retains ultimate responsibility for his or her work product.
  3. The preparation of the forms does not require the exercise of independent professional judgment.
  4. The attorney makes the paralegal responsible for maintaining a direct relationship with the client.
Explanation
Answer: C - The preparation of the forms does not require the exercise of independent professional judgment. “Legal assistants may perform services for an attorney in the representation of a client, provided . . . [t]he services performed by the legal assistant do not require the exercise of independent professional legal judgment.” NALA Model Standards and Guidelines for Utilization of Paralegals, Guideline 3. Answer C is the best response because it directly reflects the language of Guideline 3. Answers A, B, and D are not consistent with the Guidelines.
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