Paralegal Practice Test

Paralegal Practice Test

Check out this Paralegal certification exam prep to estimate how ready you are for the official paralegal or legal assistant test!

The Certified Paralegal Exam is administered by NALA, the Paralegal Association.

This complex computer-based exam takes several hours to complete.

Our test questions cover all the areas included in the NALA Certified Paralegal examination, including ethics, conducting legal research, judgment, and analytical capabilities, as well as the American legal system.

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Paralegal Practice Test

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Question 1
A paralegal is employed by an attorney. Upon employment, the attorney distributes a first aid brochure containing the name of the attorney office’s name and contact information. The paralegal is then found in a situation of providing first aid to a person involved in a car accident. In the situation, before leaving the scene, the paralegal hands the brochure to the injured person. Can this conduct be a basis for discipline against the attorney?
A
Yes, because the paralegal got involved in conduct that is prohibited to the attorney
B
Yes, because the paralegal is not allowed to give first aid
C
No, but none of the above is the reason why
D
No, the paralegal’s conduct does not constitute basis for discipline against the attorney
Question 1 Explanation: 
According to NALA Code, Canon 1, any action that is prohibited to the attorney is also prohibited to the paralegal.
Question 2
A sole practitioner practices general business law and personal injury law. She employs a paralegal and hands all the personal injury law cases to the paralegal, while she handles the general law cases. The sole practitioner supervises the work of the paralegal, pays him an appropriate salary and splits the fees from the personal injury law cases with the paralegal. Is this conduct allowed?
A
Yes, because she supervises the paralegal’s work
B
No, because the paralegal not allowed to handle the full volume of personal injury law cases
C
No, because the paralegal is not allowed to receive the share of the split fees
D
None of the above
Question 2 Explanation: 
Attorneys are not allowed to pay a certain percentage of the fees with non-attorneys.
Question 3
Mary is an attorney representing AGP, a company manufacturing kitchen robots. The AGP president called Mary after reading a newspaper story about a woman getting injured because of a kitchen robot catching fire. The product was manufactured about 4 years ago. The president remembers that about that time a batch of their products went into sale without a proper safety inspection. The president suspects the product from the local media story is from AGP. Since the company policy is to destroy safety check records every 4 years, the president intends to destroy them now. If Mary wants to act ethically, can she agree and let the President take this action?
A
No, because the president already admitted to professional negligence
B
No, because the documents can have value as evidence
C
Yes, because none of this was put in writing
D
None of the above
Question 3 Explanation: 
“A lawyer shall not . . . unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act.” Model Rule 3.4(a)
Question 4
Anita is a paralegal who works for a mid-size law firm. She meets a client for an interview and introduces her name and last name. After the completed interview, the client thanks her and calls her “an attorney”. Was Anita obliged to state her paralegal credential at the introduction?
A
Yes, she is obliged to state she is a paralegal when meeting a client for the first time
B
No, because it is the duty of the law firm to inform the client that a paralegal will be sent for the interview
C
No, but she is obliged to clarify her status at the point where the client mistakenly calls her an attorney
D
None of the above
Question 4 Explanation: 
“A paralegal must disclose his or her status as a paralegal at the outset of any professional relationship with a client.” NALA Code, Canon 5
Question 5
Maria has recently passed the Certified Paralegal examination and after completing an official paralegal program. She has previous 3-year experience from a law firm specializing in immigration law. While looking for a job as a paralegal, she comes across a job posting for a “Case manager”. The job description states that this employee will receive little to none supervision, and will have direct contact with clients while providing legal services. Can Maria consider applying in this firm?
A
No, because she has obtained her paralegal certification only recently
B
No, because she will have very little supervision and full responsibility over the firm’s relationship with clients
C
Yes, because Maria has a paralegal education, certification and relevant previous experience
D
None of the above applies
Question 5 Explanation: 
“A paralegal may perform any task . . . properly delegated and supervised by an attorney [if] the attorney is ultimately responsible to the client, maintains a direct relationship with the client, and assumes professional responsibility for the work product.” NALA Code, Canon 2
Question 6
An attorney received a check from an insurance company in the amount of a recent settlement reached with the attorney’s client. The attorney was running late for a meeting, so he left the check between the papers on his desk. An employee in the attorney’s office, knowing about the check, picked it up, forged the attorney’s signature and cashed it running away from the area. According to the Model Rules of Professional Conduct, can there be discipline against the attorney in this case?
A
Yes, because the thief was an employee from his attorney office
B
Yes, because it was a client’s check
C
No, because the attorney took appropriate measures to protect it by placing it under documents
D
None of the above is correct
Question 6 Explanation: 
“A lawyer should hold property of others with the care required of a professional fiduciary.” Model Rule 1.15, comment 1. “A lawyer shall hold property of clients . . . separate from the lawyer’s own property.” Model Rule 1.15(a)
Question 7
Prior to working in his current law firm as a paralegal, John used to work for a state agency. At this previous job, John prepared a report on accidents happening to employees in factories. The report was internal and not published, but could be obtained under the Public Records Act. Now John’s law firm has just gotten on a case against one of the companies on this report, where a huge number of employee accidents happened. Can John work on this case?
A
No, considering he has internal information about this company obtained while working on the state agency report
B
No, he cannot work on the case, but the law firm can accept the case
C
Yes, because the report is publicly available
D
None of the above
Question 8
Maya is a paralegal who works for the district prosecutor’s office. She works on a high-profile burglary case with the prosecutor Barbara. Barbara gets an idea to use the defendant’s history of convictions to build a compelling case. Later, Maya meets an acquaintance journalist who inquires about the case. Maya says only that the prosecutor is building a strong case centered on the defendant’s conviction history. Is Maya’s action in violation of an ethical principle?
A
Yes, because she was not allowed to make any comments to the press related to active cases
B
Yes, because if the sentence is published as it is, this can violate the defendant’s presumption of innocence in the case
C
No, because the defendant’s conviction history is in the public record
D
None of the above
Question 8 Explanation: 
A lawyer is not allowed to make public statements that “the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.” Model Rule 3.6(a). “A paralegal must not . . . take any actions that attorneys may not take.” NALA Code, Canon 1.
Question 9
Mark is an attorney representing the Plaintiff in a case. During the discovery process, he meets Gerg who is representing the defendant. Mark gives Greg a settlement offer for USD 50,000. Greg laughs and immediately rejects the offer. Which of the following would be an appropriate course of action for Mark?
A
Reminding Greg that every settlement offer must be communicated to the client
B
Sending his paralegal to deliver the settlement offer directly to the defendant
C
Completing the discovery process and going to court with the case
D
A and B
Question 9 Explanation: 
All of the above statements are examples of proper conduct except for sending his paralegal to deliver the settlement offer directly to the defendant. This is because a lawyer is not allowed to have direct communication with a person, who is being represented by another person legally, under Model Rule 4.2. Considering that “A paralegal must not . . . take any actions that attorneys may not take.” NALA Code, Canon 1., the paralegal also cannot take a note to the defendant.
Question 10
Paul the Plaintiff tells Anne, his Attorney, that he would not accept any settlement offer below USD 200,000. Later, the defendant’s attorney calls Anne and offers to settle for USD 150,000. Anne tries to reach Paul, but she is unable to reach him over the course of one day. She then refuses the settlement offer. In court, Paul is awarded USD 250,000. If Paul wanted to, could he sue Anne for professional malpractice?
A
No, because he received a greater amount than the declined offer
B
No, because she gave enough time to attempts to reach him
C
No, because he gave implied authorization to her when he stated his condition on accepting potential offers
D
Yes, because she was still obliged to consult the client before responding to the offer
Question 10 Explanation: 
No, because he received a greater amount than the declined offer. This means that Pete cannot prove any damages.
Question 11
Ron and Martin are the only partners in a law firm. Bookkeeping is in the charge of Martin. Ron is familiar with Martin’s exacerbating gambling addiction, but trusts him enough to not take any action regarding checking on the firm’s trust accounts or talking to Martin. Eventually, Martin takes USD 10,000 from the law firm and is not able to repay them. Is there a basis for disciplinary action for Ron?
A
No, because gambling constitutes Ron’s partner’s personal matter and as such, it is not up to Ron to take action
B
No, because Martin took the money without Ron’s knowledge
C
Yes, because Ron did not make an effort to remind his partner of the Model Rules and ensure compliance
D
None of the above
Question 11 Explanation: 
“A partner in a law firm . . . shall make reasonable efforts to ensure that the firm [establishes] measures giving reasonable assurance that all lawyers in the firm conform to the [Model Rules].” Model Rule 5.1(a).
Question 12
One day, the senior attorney in a law firm is reviewing the firm’s bank statement because the bookkeeper has taken the day off. The senior attorney notices an urgent client charge that needs to be paid, writes a check in that amount and hands it to her paralegal to deposit it in the trust account. Is this action of the attorney allowed?
A
Yes, but only because the payment is urgent, otherwise, the bookkeeper should handle it
B
Yes, but only the check is in the exact amount of the payment needed
C
No, because the attorney must deposit it personally
D
No, because it will infringe on the rule of keeping the client’s and the firm’s funds separate
Question 12 Explanation: 
“A lawyer shall hold property of client or third persons that is in the lawyer’s possession . . . separate from the lawyer’s own property.” Model Rule 1.15(a). “A lawyer may deposit the lawyer’s own funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in the amount necessary for that purpose.” Model Rule 1.15(b)
Question 13
Erin is a paralegal that works for an attorney. The attorney has been exceedingly satisfied with her work and her regular attendance of most of his hearings. One day the attorney was running late for a hearing. He trusts Erin and consequently calls her and asks that she introduces herself for the record and explains that the attorney will be 15 minutes late. If Erin does this, would she be engaging in an unauthorized act?
A
Yes, because verbal authorization is not sufficient
B
Yes, because paralegals cannot appear in court as client representatives
C
No, because the attorney will eventually make it to the hearing
D
None of the above
Question 13 Explanation: 
This would be a violation of Canon 3 of the NALA Code.
Question 14
Louise is a paralegal who recently started working for the A & M law firm. One day, A & M is contacted by a client for a case on which Louise has been heavily involved at her previous law firm employer. In the current law firm, Louise has no connection to the litigations department. Can the current law firm accept the work on this case if Louise is screened from it and is not involved with working on it?
A
Yes, because she is not engaged in the litigations department
B
Yes, but only with a written authorisation by the client
C
Yes, because the imputed conflicts of interest prohibition does not apply to non-attorneys
D
No, the firm cannot accept the case
Question 14 Explanation: 
Rule 1.10 states the imputed conflicts of interest prohibition, but comment 1 to the rule explains that it “does not prohibit representation by others in the law firm where the person prohibited from involvement in a matter is a nonlawyer, such as a paralegal or a secretary.”
Question 15
A paralegal works for an attorney. The paralegal is calling a client, who recently lost a divorce case in which he was represented by the attorney. The paralegal is calling for a minor matter, but suddenly the client starts raging at the court decision and says he was going to kill his ex-wife. The paralegal is aware that the client used to possess a firearm. The paralegal promptly informs the attorney. Can the attorney take any action to prevent fatal consequences?
A
No, because that would be infringing on the obligation to not withholding information related to the client’s representation
B
No, because the case is already completed
C
Yes, but only because the attorney and the paralegal are aware there are real dangers for the life of a person due to the client’s possession of a firearm
D
Yes, because the rules state that an attorney is allowed to disclose information during representation if the life of another person is in danger
Question 15 Explanation: 
While disclosing client’s information would not be allowed according to Model Rule 1.6(a), this case constitutes an exception mentioned in Model Rule 1.6(b)(1) because it would be about preventing the death of bodily harm being done to another person.
Question 16
Can a paralegal accept a 40% discount on a new car given to him due to the car dealer being a former client of the law firm the paralegal works at and well-acquainted with the paralegal?
A
Yes, because a business transaction of this kind is not prohibited anywhere in the Model Rules
B
Yes, because there is a prohibition on business transactions with clients but it does not apply to paralegals
C
No, because the paralegal would first need a written consent from the employer
D
No, because there would have to be a written consent by the client
Question 16 Explanation: 
“A paralegal must not . . . take any actions that attorneys may not take.” NALA Code, Canon 1. An attorney is not allowed to do business transactions with clients unless the client has obtained advice by an independent attorney and has given a written authorization.
Question 17
Can an attorney accept the standard 5% discount on a new car given to him due to the car dealer being a former client of his law firm and well-acquainted with the attorney?
A
No, because according to the Model Rules, he is not allowed to enter business transactions with clients
B
No, unless the client has been advised by an independent attorney and has given a written consent for the transaction
C
Yes, because it is the standard 5% discount
D
None of the above
Question 17 Explanation: 
The prohibition on entering in business transactions with clients unless the client has obtained advice by an independent attorney and has given a written authorisation does not apply to “standard commercial transactions . . . for products or services that the client generally markets to others . . . . In such transactions, the lawyer has no advantage in dealing with the client.”
Question 18
A paralegal works for an attorney. They meet with a client and in the course of the meeting also discuss the performance of the Boston Red Sox in that season. The next day the client’s son calls the paralegal and asks about the details of the meeting his father had with the law firm. The paralegal politely explains she cannot disclose that information. The son then asks if there is anything she is allowed to tell him from that meeting. The paralegal says “Yes, we discussed the performance of the Red Sox this season.” Has the paralegal violated any rules?
A
Yes, because she was prohibited from disclosing any information
B
No, because the prohibition on disclosing information does not apply to paralegals
C
No, because the information she disclosed is not related to the case
D
None of the above is correct
Question 18 Explanation: 
The confidentiality rule prohibits both the attorney and the paralegal to disclose client information without the written consent from the client. However, this rule does not apply to information that is far removed from anything related to the case.
Question 19
A law firm and its senior attorney and associate were served a subpoena by one of the parties to one of their former cases. Later, the associate is deposed related to details concerning the client case. Has the associate infringed on the confidentiality rule?
A
Yes, this would infringe on the confidentiality rule
B
Yes, because they do not have a written consent by the client
C
No, because a subpoena is a court order and the confidentiality rule does not apply in this case
D
None of the above
Question 19 Explanation: 
The confidentiality rule prohibits both the attorney and the paralegal to disclose client information without the written consent from the client. However, this rule does not apply in this case because a subpoena is a court order and disclosure of client information is allowed if it serves the purpose “to comply with [a] law or a court order.” Model Rule 1.6(b)(6).
Question 20
An attorney meets with a 75-year-old woman to discuss planning her estate. The woman was lucid but said she has no experience with financial and related matters. The attorney and the client worked out an estate plan and scheduled a meeting for executing the will one month later. Both her adult sons attended the meeting. After one hour into the discussion the lawyer observes that the woman is silent and only says “Do as you wish”. The attorney then asks to have a private conversation and explains to her that she can decide entirely on her own in this matter. They discussed the issues and agreed that the will is according to her wishes. Upon returning to the discussion, the sons signed the will and it was executed. One month later, one of the sons filed a bar complaint. The son claims the woman did not understand her will. Is there a basis for disciplinary action against the attorney?
A
Yes, because he confirmed the will in private with the woman and not openly with the sons present
B
Yes, because he interfered at a point when the woman’s wishes clearly were to leave the matter to her sons
C
No, because the attorney made sure to give the woman reasonable space and time to ask questions and ensured she understood the will
D
None of the above is a correct explanation
Question 20 Explanation: 
“A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” Model Rule 1.4(b). “The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client’s best interests, and the client’s overall requirements . . . .” Model Rule 1.4 comment 5.
Question 21
Ben is a paralegal, who works with Audrey, an attorney, on a high-profile case. The court has entered a protective order in this case. The purpose was to prevent public disclosure of sensitive information contained in the case. However, without the knowledge of Audrey, Ben copied all case documents on an external hard drive and handed them to Wikileaks. A few days later, the information was leaked on their website. Can there be discipline action against the attorney?
A
No, because the attorney was not aware of the disclosure and did not authorize the act of information disclosure
B
No, because the action falls within the constitutional right of free speech
C
Yes, because the attorney is responsible for the paralegal’s conduct
D
None of the above
Question 21 Explanation: 
A lawyer is responsible for the conduct of a non-lawyer “if the conduct constitutes a violation of the Rules of Professional Conduct if engaged in by a lawyer if (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved”; or 2) the lawyer has authorised the conduct, has supervisory authority or “knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.” Model Rule 5.3(c).
Question 22
A paralegal works at a law firm. The paralegal finds out that a piece of information on the biography of one of the law firm’s associates written by himself for the firm’s resume is incorrect. Would the associate be subject to disciplinary action?
A
Yes, because the biography was used for advertising purposes and can cause serious damage to the firm’s reputation
B
Yes, because the attorney has breached fiduciary duty by compromising his integrity
C
No, because the mistake should have been checked by the person in charge of the resume information
D
None of the above
Question 22 Explanation: 
“A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement as a whole not materially misleading.” Model Rule 7.1.
Question 23
An attorney represents a 78-year-old childless woman in managing her complex estate. The woman was lucid and actively involved in the limited partnership she formed with the attorney on the issue of lowering her estate taxes. At some point the woman stops answering the attorney’s attempts at communication with her. The attorney has sent her several letters and has left several voice messages to her. Suddenly, one day she calls the attorney and says she wishes to stop all contact with the law firm and closes the phone. Does the attorney have any obligation to the woman?
A
Yes, but only if the attorney believes she may have diminished capacity and may inflict financial harm to her estate
B
No, because the client has expressed her wish and the attorney must maintain a professional client relationship
C
No, because there are social services to intervene in this case
Question 23 Explanation: 
Yes, but only if the attorney believes she may have diminished capacity and may inflict financial harm to her estate.
Question 24
Can a senior partner represent a client at an arbitration dispute before the American Arbitration Association agreed by all parties to take place in a state other than the one where the senior partner is licensed?
A
Yes, because the case concerns an arbitration
B
Yes, if he obtains a written consent by all parties involved in the case
C
Yes, if the senior partner is admitted "pro hacvice" before the American Arbitration Association of the other state
D
None of the above
Question 24 Explanation: 
In this case, the arbitration is related to the partner's representation of a client and as such constitutes enough basis for the partner to represent the client in another state.
Question 25
A paralegal is assisting an attorney who is representing the defendant in a case. The paralegal discovers a controlling case law that stands in opposition to the defendant's position. The paralegal reviews everything, informs the attorney and discusses it with him. Would in this case the attorney have any obligations?
A
No, because the Plaintiff's representative was supposed to thoroughly research his side
B
No, because the the judges are obliged to thoroughly research and discover such instances
C
Yes, because the attorney is obliged to disclose any controlling case law that runs in opposition to the client's position but which has not been disclosed by the opposing counsel
D
None of the above
Question 25 Explanation: 
Yes, because the attorney is obliged to disclose any controlling case law that runs in opposition to the client's position but which has not been disclosed by the opposing counsel.
Question 26
Is a paralegal allowed to apply for, accept and complete the work for jobs for employers that are not a licensed attorney?
A
Yes, if the paralegal is competent and can responsibly answer the duties required
B
No, if a paralegal completes the work for a job for an employer that is not a licensed attorney, that would constitute an unauthorized practice of the law
C
Yes, but only if the paralegal independently seeks supervision from an attorney
Question 26 Explanation: 
No, if a paralegal completes the work for a job for an employer that is not a licensed attorney, that would constitute an unauthorized practice of the law.
Question 27
Ron and Martin are the only partners in a law firm. Bookkeeping is in the charge of Martin. Ron is familiar with Martin’s exacerbating gambling addiction. Eventually, Ron notices one day that Martin took out USD 10,000 from the law firm's trust account. Ron finds out that Martin was headed to the casino, but does not take any action. Is there a basis for disciplinary action for Ron?
A
No, because gambling constitutes Ron’s partner’s personal matter and as such, it is not up to Ron to take action
B
Yes, because Ron did not make an effort to remind his partner of the Model Rules and ensure compliance
C
Yes, because Ron was aware of the danger to client's funds and failed to take an action to mitigate the potential loss
D
None of the above
Question 27 Explanation: 
Yes, because Ron was aware of the danger to client's funds and failed to take an action to mitigate the potential loss.
Question 28
Is a law firm in breach of any of the Model Rules if the firm has listed the names of all of its paralegals in the letterhead of the firm, identifying them as paralegals?
A
Yes, because the Model Rules prohibit that non-attorneys are listed in the letterhead of the firm
B
Yes, because in this way the firm gives out the wrong suggestion that the paralegals are licensed attorneys
C
No, because the Model Rules do not prohibit that non-attorneys are listed in the letterhead of the firm
D
A and B
Question 28 Explanation: 
No, because the Model Rules do not prohibit that non-attorneys are listed in the letterhead of the firm.
Question 29
A paralegal was expected to attend a seminar by the county bar association to update her skills and education. ON the same day, the senior partner in the law firm where she works asked the staff to a special lunch. The paralegal attended the lunch and skipped the seminar. Soon afterwards, the paralegal made a non-permissible mistake on a case that could have been avoided if the paralegal had attended the seminar and familiarized herself with the latest rule changes. Can the the paralegal be subject to any kind of disciplinary action?
A
Yes, because the Model Rules require periodical continuing legal education seminars of paralegals
B
Yes, because a licensed paralegal demonstrated a lack of competence
C
No, because the paralegal was obliged to comply with the lunch invitation by the senior partner
D
None of the above is correct
Question 29 Explanation: 
Yes, because a licensed paralegal demonstrated a lack of competence.
Question 30
A paralegal and a attorney are working on a debt collection case involving a debtor who has defaulted on auto loans. In the course of the case, they filed an application for default judgment with a copy sent to the debtor. Later, the debtor come to the law firm, speaks to the paralegal and eventually gives car keys to the paralegal returning the vehicle as per the loan agreement. The debtor explains where the car is parked and asks the paralegal to deliver the keys. Would accepting this task be a permissible action for either the attorney or the paralegal?
A
Yes, because the key return was according to the loan agreement
B
Yes for the attorney, but the paralegal is not authorized
C
No, because a law firm is not able to adequately protect and deliver the vehicle in a timely manner
D
None of the above
Question 30 Explanation: 
No, because a law firm is not able to adequately protect and deliver the vehicle in a timely manner.
Question 31
A paralegal works at a law firm that specializes in legal services to small businesses . On a business day, the paralegal answers a call from a person interested in starting a business and expresses they wish to seek legal services from the law firm. The paralegal explains that the cost for that type of service is between USD 500 and USD 1,000. The paralegal then asks the potential client for confirmation whether that cost is acceptable so she can send a contract. Is this an example of unauthorized conduct?
A
Yes, because the paralegal lacked authorization from the employer for this kind of task
B
Yes, because a paralegal is not allowed to set fees and accept new cases
C
No, because the paralegal was simply conveying to a potential client the standard prices of the law firm
D
None of the above
Question 31 Explanation: 
Yes, because a paralegal is not allowed to set fees and accept new cases.
Question 32
A paralegal works for an attorney who is representing the defendant in a case. During one of the court hearings, the attorneys are out of the courtroom. At this time, the Plaintiff asks the paralegal if he could please explain how the process of questioning will look when the Plaintiff will be called to the witness stand. Can the paralegal comply?
A
Yes, that would be in line with maintaining courteous relationship with the opposing party
B
Yes, because the information asked is not of a sensitive character and cannot be used in the case
C
No, because the information required will be explained by the clerk
D
No, because the Plaintiff is from the opposing case party
Question 32 Explanation: 
No, because the Plaintiff is from the opposing case party. “[A] lawyer shall not communicate about the subject of a representation with a person the lawyer knows to be represented by another lawyer in the matter [without consent of the person’s lawyer].” “A paralegal must not . . . take any actions that attorneys may not take.” NALA Code, Canon 1
Question 33
A paralegal and an attorney are working on a case. The attorney has just talked to a witness and does not believe the witness. However, the attorney has no evidence for this position yet. Intending to help, the paralegal calls the witness presenting themselves falsely, in an attempt to obtain information that could prove the attorney’s distrust in the witness’ account. Would this act constitute a violation of any professional conduct rule by the paralegal?
A
Yes, according to the the Model Rules any action of dishonesty, or fraud, or misrepresentation is prohibited
B
Yes, because the paralegal acted without the attorney’s authorization for the action
C
No, there is no prohibition for this conduct in the Model Rules
D
None of the above
Question 33 Explanation: 
Yes, according to the the Model Rules any action of dishonesty, or fraud, or misrepresentation is prohibited.
Question 34
A paralegal used to work for law firm AB, but is now employed in another law firm, BC. While working at AB, the paralegal was heavily involved on cases where Company A was the defendant. One day BC receives a request to represent a client as a Plaintiff in a case against Company A. The paralegal, recognizing the defendant, decides to say nothing about it. Would this act constitute a violation of any professional conduct rule by the paralegal?
A
Yes, in this case a licensed paralegal would be obliged to disclose the conflict with Company A
B
No, because non-attorney staff is not covered with the Model Rules for conflict of interest
C
No, because at this point the BC law firm has not yet accepted the case
D
None of the above
Question 34 Explanation: 
Yes, in this case a licensed paralegal would be obliged to disclose the conflict with Company A. “A paralegal must disclose to his or her employer [...] any pre-existing client or personal relationship that may conflict with the interests of the employer or prospective employer and/or their clients” (NALA Code, Canon 8)
Question 35
Bobby is an attorney defending a debtor in two creditors’ lawsuits. In the course of the second creditor’s lawsuit, Bobby’s law firm is served a subpoena seeking non-privileged records related to the first creditor’s lawsuit. Bobby asks his paralegal to redact the entries on the copies of all billing statements on and after the date of filing the lawsuit of the first creditor. Why were the billing statements redacted in response to the subpoena?
A
Because while answering a subpoena constitutes an exception to the confidentiality rule, the entries on the date of filing and after are protected by the work-product rule
B
Because while answering a subpoena constitutes an exception to the confidentiality rule, the entries on the date of filing and after are protected by the attorney-client privilege
C
Because Bobby wanted to avoid the second debtor’s lawyer having details of the work he performed for the first
D
B and C
Question 35 Explanation: 
Because while answering a subpoena constitutes an exception to the confidentiality rule, the entries on the date of filing and after are protected by the attorney-client privilege.
Question 36
A defendant is complaining that Johnatan, the attorney, has overcharged him for his legal services on the case. During the motion for attorneys’ fees hearing, Jonathan calls the Plaintiff’s attorney as a witness. Is an attorney allowed to testify as a witness in a case in which he is involved as a representative of one of the parties?
A
Yes, because of the specific nature of the testimony
B
Yes, but only if he/she withdraws as an the attorney of the Plaintiff
C
No, because an attorney is prohibited to simultaneously serve as a representative and a witness
D
None of the above
Question 36 Explanation: 
Yes, because of the specific nature of the testimony, it is only related to the performed work.
Question 37
Johnatan is the attorney of the Plaintiff in the case. Jonathan has encountered difficulties because the defendant’s attorney regularly asked for extension. Jonathan asked the defendant’s lawyer why so many delays were necessary, the lawyer would always respond that 1) either the client was too busy or that 2) his client or himself were on vacation. Is the defendant’s lawyer subject to potential disciplinary action?
A
Yes, because court have especially little tolerance for delays and attorneys requesting extensions
B
Yes, but only if the extension requests show lack of responsible action to expedite the process
C
No, because the defendant’s lawyer simply used his right to be able to thoroughly research the case
D
None of the above
Question 37 Explanation: 
Yes, but only if the extension requests show lack of responsible action to expedite the process.
Question 38
Sam works as a paralegal on a case for Adam, who is the attorney representing the Plaintiff in a case. Adam has a strong personal dislike for the defendant’s lawyer. In order to cause annoyance to the defendant’s lawyer, Adam instructed Sam to include a request for documents reflecting communications between the defendant’s wife and a third person, which Adam claimed to suspect of having an affair with her. Can Adm be subjected to disciplinary action?
A
Yes, because of causing unnecessary delays of the litigation
B
Yes, because the request for documents is frivolous and unfair to the defendant
C
No, because a lawyer is not prohibited from using deceit in discovering information
D
None of the above
Question 38 Explanation: 
Yes, because the request for documents can be considered to be frivolous.
Question 39
A paralegal and an attorney are working on a case. The attorney has just talked to a witness and does not believe the witness. However, the attorney has no evidence for this position yet. Intending to help, the paralegal calls the witness presenting themselves falsely, in an attempt to obtain information that could prove the attorney’s distrust in the witness’ account. She then informs the attorney of the action and the attorney says “Thank you, excellent work”. Can the attorney be subjected to disciplinary action?
A
Yes, because the attorney expressed satisfaction with an action a deceitful action of fraud
B
Yes, because a supervising attorney is responsible for the actions of his/her non-attorney employees
C
Yes, because the attorney conducted a deceitful action of fraud
Question 39 Explanation: 
Yes, because a supervising attorney is responsible for the actions of his/her non-attorney employees.
Question 40
A paralegal is in the law firm’s conference room preparing for a hearing. The only other person present is the complainant in the case, who is not represented. The paralegal’s employer, who is the arbitrator in the case, the respondent and the respondent’s counsel are all absent. The complainant asks the paralegal what would be argumentation of her employer. The paralegal explains to the complainant that her employer does not represent the complainant and that her employer’s role in the room is to serve as a third-party neutral. Was this conduct appropriate on the part of the paralegal?
A
No, because a paralegal not allowed to discuss any matter with any of the parties when his/her employer serves as an arbitrator
B
No, because the paralegal is not allowed to speak to an unrepresented party
C
Yes, because the answer does not constitute a breach of the Model Rule covering attorneys in the role of third-party neutrals
D
A and B
Question 40 Explanation: 
Yes, because the answer does not constitute a breach of the Model Rule covering attorneys in the role of third-party neutrals.
Question 41
The NALA Code of Ethics and Professional Responsibility rules concerning paralegals prohibit paralegals from performing which of these activities?
A
Assisting in case research
B
Setting legal fees
C
Providing legal counsel
D
B and C
Question 41 Explanation: 
Under the NALA Code, Canon 3, paralegals are prohibited from setting legal fees and providing legal counsel.
Question 42
Unless under the supervision of an attorney, a paralegal is prohibited from performing which of the following activities?
A
Provide clients with basic information on rules and legal procedures
B
Prepare request forms
C
Prepare bankruptcy forms
D
All of the above
Question 42 Explanation: 
Under the NALA Model Standards and Guidelines for Utilization of Paralegals, Guideline 2, unless under the supervision of an attorney, a paralegal is prohibited from all of the above activities.
Question 43
Which of the following a paralegal is not allowed to perform even if delegated by an attorney?
A
Summarizing witness testimonies
B
Drafting legal documents for the attorney’s needs
C
Engaging in an action that establishes the client-attorney relationship
D
None of the above
Question 43 Explanation: 
According to the NALA Code, Canon 3, a paralegal is not allowed to engage in an action that establishes the client-attorney relationship even if delegated by an attorney.
Question 44
A paralegal is required to maintain an adequate high competency level in which of the following?
A
Upgrading their education in the fields of law pertaining to the paralegal’s work
B
Anything related to professional responsibility
C
A and B
D
None of the above
Question 44 Explanation: 
According to the NALA Code, Canon 6, a paralegal “must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law.”
Question 45
In order to maintain the certification, a certified paralegal is required to spend …. in continuing legal education.
A
50 hours per every two years
B
50 hours per every five years
C
5 hours per year
D
None of the above
Question 45 Explanation: 
In order to maintain the certification, a certified paralegal is required to spend 50 hours per every five years in continuing legal education.
Question 46
According to the the American Bar Association definition, a paralegal or a legal assistant …
A
is qualified by possessing an adequate education, training, or experience
B
is employed by an attorney to perform substantive legal work that is delegated and clearly specified
C
assists in giving legal services based on formal education, training, or experience
D
A and B
Question 46 Explanation: 
According to the the American Bar Association definition, a paralegal or a legal assistant is qualified by possessing an adequate education, training, or experience and is employed by an attorney to perform substantive legal work that is delegated and clearly specified.
Question 47
As a basic statement, paralegals may not…
A
Engage in substantive legal work that an attorney has delegated to them
B
Engage in actions that only an attorney is authorized to perform
C
Engage in legal research activities supervised by an attorney
D
None of the above is correct
Question 47 Explanation: 
As a basic statement, paralegals may not engage in actions that only an attorney is authorized to perform.
Question 48
According to the NALA Code of Ethics and Professional Responsibility, a paralegal is obliged to…
A
be a member of the paralegal segment of the bar association of his employer
B
refrain from using any judgment in drafting his employer’s legal documents
C
immediately disclose potential conflict of interests to an employer
D
None of the above
Question 48 Explanation: 
According to the NALA Code of Ethics and Professional Responsibility, a paralegal is obliged to immediately disclose potential conflict of interests to an employer.
Question 49
Which of the following a paralegal is not allowed to perform even if delegated by an attorney?
A
Engage in any way in representing a client before a court
B
Signing letters with the paralegal credential clearly indicated
C
Meet with clients and conduct interviews with the paralegal credential clearly indicated
D
None of the above
Question 49 Explanation: 
A paralegal is strictly prohibited to represent a client before a court.
Question 50
According to the NALA Code of Ethics and Professional Responsibility, a paralegal is prohibited from...
A
attending hearings together with an attorney.
B
assisting attorneys with supervised legal research.
C
conducting any action that if performed by the supervising attorney or the employer, would pose a violation of professional ethical rules.
D
None of the above
Question 50 Explanation: 
According to the NALA Code of Ethics and Professional Responsibility, a paralegal is prohibited from conducting any action that if performed by the supervising attorney or the employer, would pose a violation of professional ethical rules.
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