The State of Eufouria is considering a title scheme for paralegal regulation. An accurate translation of that is:
A) the state intends to give paralegals a title such as Esq.
B) the state intends to define the word paralegal and regulate who may use that title by specifying qualities such as proper education, training, and experience.
C) the state is creating a plan to have paralegals take an exam much like the one that lawyers must take.
D) the state intends to put paralegal regulation under the department of real estate.
Q. #2Carrie is a freelance paralegal who is doing some legal research for a client law firm. She works in a firm that is in State G, a state that uses the ABA Model Rules as the template for its state law on professional responsibility.
As is often the case, there is no law in her state on the issue she is researching. There is, however, case law (a case directly on point) from State Y that also uses the ABA Model Rules as the basis for its state law.
The next step Carrie should take in her research is:
A) only look for cases from her state because other state case law is irrelevant
B) compare the relevant State G professional conduct rule with the corresponding rule in State Y. If they are the same, then she may be able to use case she found.
C) compare the State G professional conduct rule with the ABA Model Rule. If State G has changed the rule, then it is invalid.
D) check for other cases, because the case she found is useless.
Q. #3Lorissa is doing some research on a legal ethical issue. She read a case that referred to DR 1-101(B) and doesn't know what it means. You can help her. DR refers to:
A) an ABA Model Rule Dumb Rule
B) a Disaster Relief state code
C) an ABA Model Code Disciplinary Rule
D) an ABA Canon of Direct Responsibility
Q. #4Paralegal Daniel works for a firm that wants to hire an accountant. He has been asked to find out if the accountant's name can be placed on the office door and the directory in the lobby of their building. He cannot locate any state statute on point. To make matters worse, he has found conflicting information from other states. What is his best course of action now?
A) He should advise the firm that he is not qualified to do this assignment because there is no clear law on the subject.
B) He should advise the firm to not list the accountant's name on anything because if there is no law authorizing what they want to do, it is probably illegal.
C) He should advise the firm to ask their state's appropriate authority (such as the state bar's ethics committee) for an advisory opinion on listing a non-lawyer on various firm things such as the door, letterhead stationery, advertisements, and the lobby directory.
D) He should advise the firm to go ahead with the plan because if there is no law against it, it is probably okay.
Q. #5Paralegal Olivia is moving to Ohio, a state where paralegals can get certified She asks you what she can expect when she goes to get a new job there. You can tell her:
A) certification is voluntary and highly respected.
B) there is a minimum requirement for education or training.
C) she will have to take and pass a test.
D) All of the above are true.
Q. #6There are various ways of regulating paralegals that have been discussed and attempted in many states. All of the different types of regulation methods are designed assume that:
A) paralegals must work under the supervision of lawyers.
B) paralegals will be held to the highest ethical standards and are considered professionals.
C) paralegals will be regulated by the highest court of the state.
D) paralegals will have specific educational requirements.
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