Ethics, Professional Responsibility, and Scope of Paralegal Practice in Family Law
What this domain tests
Ethics questions on the ACP Family Law exam test whether you can separate paralegal tasks from the practice of law, protect client information, and recognize conflicts before they infect a case. The exam favors fact patterns involving a supervising attorney's instructions, a distressed client, and a deadline.
Core rules
- Unauthorized practice of law. A paralegal may not give legal advice, select or explain legal remedies, set fees, sign a pleading as counsel, or represent a client in court. You may draft documents, gather facts, and relay attorney instructions under supervision.
- Supervision and independent judgment. The attorney remains responsible for the work. NALA ethics canons require confidentiality, conflict screening, and professional integrity; they do not authorize independent legal decisions.
- Confidentiality vs privilege. Confidentiality is broader than the attorney-client privilege. Privilege can cover communications with a paralegal acting as the attorney's agent; it survives termination and does not end because a client is angry.
- Conflicts. Screen both spouses, prospective clients, and former clients. Do not reveal one caller's confidences to another.
- Fees and trust funds. Paralegal time is billed at a paralegal rate; no fee splitting. Client funds belong in trust, with no commingling.
Worked example
The attorney says: 'Call Ms. R and tell her to accept the settlement or she will lose custody.' You should not deliver a legal threat or predict custody. You may schedule a call, confirm receipt of the offer, and say the attorney will explain the risks. The legal advice must come from the attorney.
Traps
Assuming confidentiality ends at closing; signing a verification for the attorney; promising an outcome at intake; failing to screen a new client against the spouse; depositing a retainer in the operating account.