Practice Quiz

Paralegal

Category - Ethics

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An attorney was preparing for a hearing on an important motion and asked his paralegal to call the judge’s chambers and confirm that the hearing was still set for 9:00 a.m. The paralegal, who had never spoken with the judge’s assistant before, called the assistant and said “I’m calling from Johnson & Wax more. I’d like to confirm that the hearing in the Gustafson case is still set for 9:00 a.m.” Which of the following rules from the NALA Code of Ethics and Professional Responsibility did the paralegal not follow?
  1. The rule requiring a paralegal to protect the client confidences.
  2. The rule requiring a paralegal not to engage in the unauthorized practice of law.
  3. The rule requiring maintenance of a high degree of competency.
  4. The rule requiring disclosure of paralegal status.
Explanation
Answer: D - The rule requiring disclosure of paralegal status. “A paralegal must disclose her or her status as a paralegal as the outset of any professional relationship with a client, attorney, a court or administrative agency . . . or a member of the general public.” NALA Code of Ethics and Professional Responsibility, Canon 5. Answer D is the best choice because the paralegal had never spoken with the judge’s assistant, but did not identify him- or herself as a paralegal.
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