Practice Quiz

Paralegal

Category - Judgement

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Shawn is a paralegal for a sole practitioner who practices in personal injury and workers’ compensation. Because he must be out of office regularly, the sole practitioner wants to make Shawn a signatory on the firm’s trust account. From the answer choices listed below, what is Shawn’s best response?
  1. Agree to become a signatory on the trust account and accept the request as a sign of the sole practitioner’s confidence in him.
  2. Decline to become a signatory on the trust account, and if the sole practitioner persists, seek another job.
  3. Agree to become a signatory on the trust account, but only if routine procedures are established stating he is only expected to sign when it is impossible for the sole practitioner to sign.
  4. Agree to become a signatory on the trust account, but only if written procedures are established stating he is only expected to sign when it is impossible for the sole practitioner to sign.
Explanation
Answer: B - Decline to become a signatory on the trust account, and if the sole practitioner persists, seek another job. Answer B is the best choice because the Model Rules of Professional Conduct hold attorneys responsible for their trust accounts. To avoid potential problems, Shawn’s best approach is not to agree to become a signatory. Answer A is not the best choice because Shawn could be opening himself up to potential problems-professional and otherwise-if the attorney uses the account for any improper purpose. Answer C and Answer D are not the best choice because the office procedure-written or unwritten-may not protect Shawn.
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