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NJ PT Juris practice questions

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Question 1Regulation of Paralegal Practice in New Jersey

In New Jersey, which body establishes the rules of professional conduct that govern attorney supervision of paralegals?

  1. The New Jersey Legislature
  2. The Office of the Attorney General
  3. The New Jersey Supreme Court Correct answer.
  4. The New Jersey State Bar Association

Explanation

New Jersey's Supreme Court holds constitutional authority over the practice of law and adopts the Rules of Professional Conduct, which include the provisions on lawyer supervision of nonlawyer assistants. The State Bar Association is a voluntary professional organization and does not promulgate binding ethics rules.

Question 2Regulation of Paralegal Practice in New Jersey

New Jersey's rules make clear that a paralegal's work is performed under whose direction and supervision?

  1. The supervising attorney Correct answer.
  2. The court clerk handling the matter
  3. The firm's office manager
  4. The client who retains the firm

Explanation

A paralegal may perform substantive legal work only under the supervision of a licensed attorney who remains responsible for the work product. The client directs the representation through the attorney, not by supervising staff.

Question 3Regulation of Paralegal Practice in New Jersey

A paralegal drafts a demand letter for an attorney's review. Under New Jersey ethics rules, who bears professional responsibility for the letter's contents?

  1. The supervising attorney Correct answer.
  2. The client who supplied the facts
  3. The firm's malpractice carrier
  4. The paralegal personally

Explanation

Nonlawyer assistants act under attorney supervision, and the supervising lawyer remains professionally responsible for the quality and content of work produced by staff. The paralegal is not licensed to give legal advice and does not assume the attorney's ethical duties.

Question 4Regulation of Paralegal Practice in New Jersey

Which task may a New Jersey paralegal properly perform?

  1. Give a client legal advice about whether to accept a settlement
  2. Set a fee for the representation and collect it directly
  3. Interview a client and relay the facts to the supervising attorney Correct answer.
  4. Appear in court and argue a motion on the client's behalf

Explanation

Gathering facts and communicating information to the attorney are appropriate delegated tasks for a supervised paralegal. Setting fees, advising clients on legal options, and representing clients in court are reserved to licensed attorneys.

Question 5Regulation of Paralegal Practice in New Jersey

A New Jersey attorney wants to identify staff on firm letterhead. Which designation is consistent with the rules on nonlawyer assistants?

  1. 'Kevin Ortiz, Legal Counsel'
  2. 'Kevin Ortiz, Paralegal' Correct answer.
  3. 'Kevin Ortiz, Esq.'
  4. 'Kevin Ortiz, Associate Attorney'

Explanation

A nonlawyer's title must accurately reflect nonlawyer status so clients and the public are not misled into believing they are dealing with a lawyer. Using 'Esq.', 'Associate Attorney', or 'Legal Counsel' falsely implies licensure.

Question 6Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal learns that a client gave the attorney a false statement during a meeting. How should the paralegal handle this information?

  1. Confront the client and threaten withdrawal
  2. Disclose it to the opposing party to correct the record
  3. Keep it confidential from the attorney to protect the client
  4. Report it promptly to the supervising attorney Correct answer.

Explanation

Paralegals owe the same duty of confidentiality as attorneys, and that duty runs to the firm's lawyers rather than creating obligations toward outsiders. Concealing material information from the supervising attorney would undermine the lawyer's ability to meet ethical duties.

Question 7Regulation of Paralegal Practice in New Jersey

A paralegal at a New Jersey firm is asked to serve as a notary on an affidavit the firm prepared for an existing client. Which concern is most significant under the ethics rules?

  1. The notarization may create a conflict because the notary has an interest in the firm's representation Correct answer.
  2. The affidavit becomes invalid if notarized by a nonlawyer
  3. Notarization by a paralegal is categorically prohibited in New Jersey
  4. A notary must be an attorney to notarize litigation documents

Explanation

Notarizing a document for a client of the employing firm can create a conflict of interest, since the notary has a personal and professional stake in the matter, and the firm should evaluate whether independent notarization is preferable. Nonlawyers, including paralegals, may hold notary commissions and notarize documents generally.

Question 8Regulation of Paralegal Practice in New Jersey

During a deposition, opposing counsel asks the paralegal assisting the attorney whether the client has prior convictions. The paralegal knows the answer from the file. What is the proper response?

  1. Decline to answer and cite the paralegal's personal privilege
  2. Provide the information off the record to be helpful
  3. Answer truthfully because the question was asked under oath
  4. Defer to the supervising attorney to respond Correct answer.

Explanation

The attorney controls the representation and decides how to respond to discovery questions, including those implicating confidentiality or privilege. A paralegal should not independently disclose client information, and the paralegal's own presence does not create a separate privilege belonging to the assistant.

Question 9Regulation of Paralegal Practice in New Jersey

A New Jersey firm's paralegal is asked to sign a settlement demand letter to opposing counsel. What is the appropriate course?

  1. The paralegal may sign using the attorney's name with verbal permission
  2. The paralegal may sign if the attorney reviews it afterward
  3. The attorney should sign; the paralegal may draft but not sign as counsel Correct answer.
  4. The paralegal may sign if the letter states the paralegal is not a lawyer

Explanation

Correspondence asserting a client's legal position should be signed by the responsible attorney, and a paralegal may prepare drafts under supervision but should not sign as though acting as counsel. Signing an attorney's name, even with permission, would misrepresent who authored the communication.

Question 10Regulation of Paralegal Practice in New Jersey

A paralegal working for a New Jersey attorney is contacted directly by a person represented by another lawyer about the same matter. What should the paralegal do?

  1. Obtain a written waiver from the person and continue
  2. Decline to discuss the matter and refer the person to the supervising attorney Correct answer.
  3. Discuss only settlement figures to avoid ethical problems
  4. Discuss the matter since the prohibition applies only to attorneys

Explanation

The rule against communicating about a represented matter with a person known to be represented by counsel applies to lawyers and, through them, to their nonlawyer assistants. The paralegal should not exploit the contact and should route the communication to the attorney.

Question 11Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal is asked to conduct a recorded phone interview with an adverse party who is not represented by counsel. Which approach best complies with the ethics rules?

  1. State that she is an attorney to encourage cooperation
  2. Record the call without disclosure because New Jersey is a one-party consent state
  3. Use a neutral name and omit her role to obtain candid statements
  4. Identify herself truthfully as a nonlawyer working with counsel and avoid misrepresentations Correct answer.

Explanation

Ethics rules prohibit lawyers, and derivatively their staff, from using deception to obtain information, so the paralegal must accurately identify her role and connection to counsel. One-party consent law governs admissibility of recordings but does not excuse misrepresentation of identity.

Question 12Regulation of Paralegal Practice in New Jersey

A New Jersey attorney instructs a paralegal to prepare a fee agreement for a new client to sign. Which statement is correct?

  1. The paralegal may sign the agreement on the firm's behalf
  2. The paralegal may advise the client that the fee is reasonable
  3. The paralegal may prepare the draft, but the attorney must review and explain the agreement Correct answer.
  4. The paralegal may negotiate the fee terms directly with the client

Explanation

Drafting documents is a standard paralegal function, but the attorney must review the fee agreement and communicate its terms so the client gives informed consent. Negotiating terms and advising on reasonableness involve legal judgment reserved to the lawyer.

Question 13Regulation of Paralegal Practice in New Jersey

Which activity by a New Jersey paralegal would most likely constitute the unauthorized practice of law?

  1. Meeting with a prospective client and advising which statute of limitations applies Correct answer.
  2. Summarizing deposition transcripts for the file
  3. Drafting a client status update for attorney review
  4. Organizing exhibits for an upcoming trial

Explanation

Applying legal rules to a client's facts and advising on deadlines is the practice of law, which a nonlawyer may not undertake even under general supervision. Organizing exhibits, drafting summaries, and preparing status updates are supportive tasks that attorneys routinely delegate.

Question 14Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal previously worked for the law firm now representing the opposing party in a matter. The current firm wants the paralegal to work on that matter. What is the most appropriate step?

  1. Screen the paralegal from the matter and notify the supervising attorney of the prior affiliation Correct answer.
  2. Proceed without restriction because screening rules apply only to attorneys
  3. Ask the paralegal to disclose the former client's confidences to the new firm
  4. Assign the paralegal to the matter because the prior firm's consent is unnecessary

Explanation

A nonlawyer who changes firms may be screened from matters involving a former employer's clients to protect confidences, and the supervising attorney should be informed so the firm can assess and document the screen. Screening is not limited to attorneys, and the paralegal must not reveal former-client information.

Question 15Regulation of Paralegal Practice in New Jersey

A New Jersey attorney delegates a client matter to a paralegal and then leaves for a two-week vacation without arranging coverage. What is the primary ethical problem?

  1. The client must be billed at attorney rates for the period
  2. The paralegal must report the attorney to the disciplinary board immediately
  3. The paralegal becomes personally liable for malpractice during the absence
  4. The attorney failed to provide adequate supervision of the nonlawyer assistant Correct answer.

Explanation

Lawyers must make reasonable efforts to ensure that nonlawyer assistants' conduct is compatible with the lawyer's professional obligations, which includes arranging supervision when unavailable. The paralegal does not thereby assume the attorney's professional liability, and billing rates are governed by the fee agreement.

Question 16Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal is asked to communicate with a client about the status of a case and to explain the court's recent ruling. How should the paralegal proceed?

  1. Send the ruling with a written legal opinion drafted by the paralegal
  2. Explain the ruling in detail because the client asked directly
  3. Decline all contact with the client to avoid any ethics issue
  4. Convey factual status information and route legal explanation of the ruling to the attorney Correct answer.

Explanation

Paralegals may communicate factual information to clients but may not give legal advice or interpret court rulings, which is the attorney's role. Refusing all client contact is unnecessary, since routine factual communication is an accepted paralegal function.

Question 17Regulation of Paralegal Practice in New Jersey

A New Jersey firm wants to advertise that its 'legal team' includes paralegals. Which practice complies with the rules on nonlawyer assistants?

  1. Omit all titles so clients assume everyone is an attorney
  2. Describe paralegals as 'licensed legal practitioners'
  3. Identify staff by accurate nonlawyer titles and avoid implying they are lawyers Correct answer.
  4. List paralegals under a heading labeled 'Attorneys'

Explanation

Advertising must not mislead the public about the professional status of firm personnel, so nonlawyers should be identified by accurate titles. Grouping paralegals under an attorney heading or using titles suggesting licensure misrepresents their status.

Question 18Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal receives a subpoena demanding documents from a client's file. What is the best initial action?

  1. Destroy the documents to protect the client's confidences
  2. Notify the supervising attorney so the firm can respond and assert any privilege Correct answer.
  3. Produce the documents because a subpoena is a court order
  4. Contact the requesting party to negotiate a reduced production

Explanation

A subpoena is a demand that may be objected to, and the attorney must decide whether to comply, object, or assert privilege on the client's behalf. Producing documents unilaterally could waive privilege, while destruction would violate preservation duties.

Question 19Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal discovers that a document produced to opposing counsel inadvertently included attorney-client privileged material. What should the paralegal do?

  1. Quietly remove the document from the firm's file to hide the mistake
  2. Notify the supervising attorney immediately so the firm can seek return of the document Correct answer.
  3. Wait to see whether opposing counsel notices the error
  4. Instruct the client to say nothing about the document

Explanation

Prompt notice to the attorney allows the firm to invoke the rules governing inadvertent disclosure and to take steps to claw back the privileged material. Concealment or delay risks waiver of the privilege and compounds the error.

Question 20Regulation of Paralegal Practice in New Jersey

A New Jersey attorney asks a paralegal to research whether a particular expert would be a strong witness, then to contact the expert and retain her services. Which division of responsibility is correct?

  1. The paralegal may gather information, but the attorney must decide on and communicate the engagement Correct answer.
  2. The paralegal may evaluate the expert and finalize the retention agreement
  3. The paralegal may promise the expert a fee to secure her testimony
  4. The paralegal may advise the client that the expert will win the case

Explanation

Information gathering and logistical coordination are appropriate paralegal tasks, but selecting an expert and forming the engagement involve professional judgment and client communication reserved to the attorney. Promising fees or predicting outcomes would exceed the paralegal's role.

Question 21Regulation of Paralegal Practice in New Jersey

A New Jersey firm's managing partner proposes that a senior paralegal review and approve the firm's client intake forms for legal sufficiency. What is the principal ethical objection?

  1. Approving forms for legal sufficiency requires legal judgment the firm must reserve to lawyers Correct answer.
  2. Paralegals may never review any document the firm uses
  3. The paralegal's approval would waive the client's confidentiality
  4. Intake forms are court filings that only clerks may approve

Explanation

Determining whether a document is legally sufficient requires the professional judgment of a licensed attorney, and delegating that approval to a nonlawyer could result in the unauthorized practice of law. Paralegals may draft and comment on forms, but a lawyer must make the final legal determination.

Question 22Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal is asked to sign an affidavit attesting to facts she learned solely from the client's file. Which concern is most direct?

  1. The paralegal lacks personal knowledge and cannot truthfully attest to the facts Correct answer.
  2. The client must co-sign every affidavit prepared by firm staff
  3. A paralegal's signature automatically voids the affidavit
  4. Affidavits may only be signed by notaries in New Jersey

Explanation

An affidavit must rest on the affiant's personal knowledge, and a paralegal who learned facts only from the file cannot truthfully swear to them. Courts and ethics rules prohibit submitting sworn statements that misrepresent the source or basis of the affiant's knowledge.

Question 23Regulation of Paralegal Practice in New Jersey

A New Jersey attorney directs a paralegal to withhold a relevant document from a discovery response because it is damaging. How should the paralegal respond?

  1. Comply because the attorney bears sole ethical responsibility
  2. Decline to participate and raise the concern with the supervising attorney Correct answer.
  3. Send the document anonymously to opposing counsel
  4. Withhold the document but keep a private copy for later

Explanation

A paralegal may not assist conduct that would violate the rules, including improper withholding of discoverable material, and should raise the concern with the supervising attorney rather than comply. The attorney's responsibility does not excuse the paralegal's own participation in a deceptive discovery response.

Question 24Regulation of Paralegal Practice in New Jersey

A New Jersey paralegal is asked to sit in on a client meeting to take notes while the attorney explains litigation strategy. Which statement best describes the paralegal's obligations?

  1. Maintain the client's confidences and avoid disclosing the strategy outside the firm Correct answer.
  2. Share the notes with the client's adversary to confirm accuracy
  3. Publish the strategy in a firm newsletter without names
  4. Discuss the strategy with a friend who is a law student

Explanation

The duty of confidentiality extends to nonlawyer assistants, who must protect client information learned during representation. Sharing strategy with adversaries, the public, or even acquaintances outside the representation breaches that duty.

Question 25Unauthorized Practice of Law and Scope of Paralegal Duties

Under New Jersey court rules, which task may a non-lawyer paralegal perform while assisting an attorney?

  1. Drafting a client letter for the attorney's review and signature Correct answer.
  2. Advising a client about the merits of a pending motion
  3. Setting a legal fee for the client after reviewing the retainer
  4. Appearing in court to argue a contested discovery motion

Explanation

Paralegals may perform substantive work such as drafting documents so long as an attorney supervises the work, reviews it, and takes professional responsibility for it. The paralegal does not thereby become authorized to give legal advice or appear as an advocate.

Question 26Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal meets alone with a prospective client and, without attorney input, tells the person that the firm will accept the case and that the claim is strong. Which statement best describes this conduct?

  1. Proper because no fee was quoted during the meeting
  2. Proper because the paralegal only conveyed the firm's likely position
  3. Improper only if the client later suffers a financial loss
  4. Improper because the paralegal gave legal advice and formed the professional relationship Correct answer.

Explanation

Assessing the strength of a claim and committing the firm to representation are exercises of legal judgment that belong to the attorney. A paralegal may gather information and relay messages, but cannot render legal advice or create the attorney-client relationship.

Question 27Unauthorized Practice of Law and Scope of Paralegal Duties

Which label most accurately describes the role of a paralegal in a New Jersey law office?

  1. An attorney's assistant whose work is performed under attorney supervision Correct answer.
  2. An independent legal practitioner licensed by the Judiciary
  3. A neutral mediator certified to resolve disputes
  4. A court officer authorized to administer oaths

Explanation

A paralegal is a person qualified by education, training, or work experience who performs substantive legal work under the supervision of an attorney. The paralegal's work is attributed to the supervising lawyer, who remains accountable to the client.

Question 28Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal signs a demand letter on firm letterhead using the title 'Legal Counsel' and gives the recipient legal instructions. What is the central problem with this practice?

  1. The letter was sent before the statute of limitations ran
  2. The letter was not notarized before mailing
  3. The firm letterhead lacked the paralegal's direct phone line
  4. The paralegal held out as a lawyer and dispensed legal advice Correct answer.

Explanation

Unauthorized practice concerns both giving legal advice and holding oneself out as authorized to practice law. Using a lawyer's title and issuing legal instructions does both, misleading the recipient about the paralegal's status.

Question 29Unauthorized Practice of Law and Scope of Paralegal Duties

In New Jersey, the authority to define and regulate the practice of law is vested primarily in which body?

  1. The county bar associations
  2. The Department of Labor
  3. The New Jersey Supreme Court Correct answer.
  4. The Governor's office

Explanation

The New Jersey Constitution gives the Supreme Court plenary authority over the practice of law, exercised through the Rules of Court and its committees. Bar associations may comment on policy but do not hold regulatory power.

Question 30Unauthorized Practice of Law and Scope of Paralegal Duties

A firm's paralegal routinely answers 'yes' when clients ask whether they should accept a settlement offer. What is the most appropriate corrective step for the supervising attorney?

  1. Permit the practice if the paralegal has ten years of experience
  2. Instruct the paralegal to add a disclaimer before each answer
  3. Direct the paralegal to relay questions to the attorney and stop giving recommendations Correct answer.
  4. Require the paralegal to document each answer in the file

Explanation

Settlement advice is a legal recommendation that only a licensed attorney may give. The attorney's duty is to stop the unauthorized advice and route those questions to a lawyer, not to paper over the practice.

Question 31Unauthorized Practice of Law and Scope of Paralegal Duties

Which activity by a non-lawyer is generally treated as the unauthorized practice of law?

  1. Representing a friend in a landlord-tenant trial for a fee Correct answer.
  2. Preparing a client's tax return as an enrolled agent
  3. Recording a deed as a title company employee
  4. Serving process in accordance with court rules

Explanation

Appearing in court on another person's behalf and advocating for compensation is the classic form of unauthorized practice. The other listed activities are governed by their own regulatory schemes and are not the practice of law.

Question 32Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal in a personal injury matter is asked to explain the concept of comparative negligence to the client. What is the best course of action?

  1. Explain it, then have the client sign a waiver
  2. Explain it fully because the concept is well known
  3. Refer the question to the supervising attorney Correct answer.
  4. Provide a printed Wikipedia article without comment

Explanation

Explaining how a legal doctrine applies to the client's situation is legal advice reserved to the attorney. The paralegal may convey factual information but should route substantive legal questions to the lawyer.

Question 33Unauthorized Practice of Law and Scope of Paralegal Duties

Under New Jersey practice, how should a paralegal's time be billed to a client?

  1. At no charge because paralegal work is overhead
  2. At a rate reflecting paralegal work, separately identified Correct answer.
  3. At the attorney rate but labeled clerical
  4. At the same hourly rate as the supervising attorney

Explanation

Paralegal time may be billed when the work is substantive and the rate reflects the paralegal's status rather than the lawyer's. Billing paralegal work at attorney rates or disguising it misrepresents the services.

Question 34Unauthorized Practice of Law and Scope of Paralegal Duties

A client asks the paralegal whether the firm's representation creates a conflict because the client's brother works at the opposing company. How should the paralegal respond?

  1. Analyze the conflict rules and give a conclusion
  2. Advise the client to find new counsel immediately
  3. Gather the relevant facts and present them to the supervising attorney Correct answer.
  4. Tell the client conflicts are never an issue in this type of case

Explanation

Conflict analysis requires applying the Rules of Professional Conduct and exercising legal judgment, which the attorney must do. The paralegal's proper role is to collect and relay the facts accurately.

Question 35Unauthorized Practice of Law and Scope of Paralegal Duties

Which statement about a paralegal's communications with a represented opposing party is correct?

  1. The paralegal may contact the opposing party about facts but not about settlement
  2. The paralegal may contact the opposing party only through that party's counsel Correct answer.
  3. The paralegal may contact the opposing party if the contact is by email
  4. The paralegal may negotiate directly with the opposing party if the attorney consents

Explanation

The no-contact rule bars a lawyer, and those acting under the lawyer's direction, from communicating about the subject of the representation with a person the lawyer knows to be represented. A paralegal is bound by the same restriction.

Question 36Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal prepares a legal memorandum analyzing a novel issue and the attorney files it without review. What is the primary professional concern?

  1. The paralegal violated the rule against ghostwriting
  2. The attorney failed to supervise and remains responsible for the work product Correct answer.
  3. The paralegal should have billed at the attorney rate
  4. The memorandum should have been notarized

Explanation

The supervising attorney must review and take responsibility for a paralegal's work product before it is relied upon or filed. Filing without review breaches the duty of supervision even if the analysis happens to be sound.

Question 37Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal is asked to sign an attorney's name to a pleading and file it while the attorney is on vacation. What is the appropriate response?

  1. Sign only if the pleading is uncontested
  2. Sign and file, noting the paralegal's initials
  3. Sign if the client gives written permission
  4. Decline, because signing a pleading as counsel is reserved to admitted attorneys Correct answer.

Explanation

Signing a court filing as counsel is an act of representation that only an admitted attorney may perform. Client consent or the uncontested nature of the matter does not authorize a paralegal to sign for counsel.

Question 38Unauthorized Practice of Law and Scope of Paralegal Duties

Which of the following best explains why New Jersey prohibits non-lawyers from giving legal advice?

  1. To prevent clients from filing too many lawsuits
  2. To limit competition among court reporters
  3. To keep paralegals' salaries low
  4. To protect the public from unqualified advice and preserve attorney accountability Correct answer.

Explanation

The regulatory purpose is consumer protection: ensuring that those who advise on legal rights are trained, licensed, and subject to discipline. Attorney accountability and client confidentiality are part of that protective scheme.

Question 39Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal at a legal aid clinic wants to represent a client at an administrative hearing before a state agency. Which consideration governs?

  1. Appearance is allowed if the client signs a consent form
  2. Appearance depends on the agency's rules and whether a lawyer must appear Correct answer.
  3. Appearance is allowed because administrative hearings are informal
  4. Paralegals may always appear at administrative hearings

Explanation

Some agencies permit non-lawyer representation, often limited to supervised or clinic settings, while others require an attorney. Whether appearance is authorized turns on the specific agency's rules and the nature of the proceeding.

Question 40Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal discovers that a client's file contains a document the client may have obtained improperly from the opposing party. What should the paralegal do first?

  1. Bring the issue promptly to the supervising attorney Correct answer.
  2. Destroy the document to avoid any taint
  3. Send the document to opposing counsel without telling anyone
  4. Review it, then advise the client how to use it

Explanation

Questions about potentially privileged or improperly obtained material require legal judgment and prompt attorney attention. The paralegal should preserve the status quo and escalate rather than make independent decisions.

Question 41Unauthorized Practice of Law and Scope of Paralegal Duties

Which action by a paralegal most clearly crosses from permissible document preparation into unauthorized practice?

  1. Formatting a brief to comply with court rules
  2. Selecting the legal theory and advising the client which claims to plead Correct answer.
  3. Organizing exhibits according to the attorney's instructions
  4. Completing a form complaint using facts the client provided, for attorney review

Explanation

Choosing a legal theory and advising the client what claims to assert are core legal judgments that require licensure. Filling in forms or formatting documents under supervision is ordinary paralegal work.

Question 42Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal wants to open an independent business offering 'legal document preparation and advice' to the public. What is the legal status of that plan?

  1. Impermissible because it offers legal advice without attorney supervision Correct answer.
  2. Permissible if the paralegal charges flat fees only
  3. Permissible if the paralegal registers with the county clerk
  4. Permissible if the paralegal uses plain-language disclaimers

Explanation

Offering legal advice to the public without attorney supervision is unauthorized practice regardless of disclaimers or fee structure. Registration with a clerk does not create authority to practice law.

Question 43Unauthorized Practice of Law and Scope of Paralegal Duties

A supervising attorney instructs a paralegal to interview a witness and prepare a summary. The witness asks the paralegal for an opinion on whether the case will succeed. What is the best response?

  1. Explain that only the attorney can discuss case evaluation and offer to arrange a call Correct answer.
  2. Deflect by saying the case is certain to win
  3. Give a candid prediction based on the interview
  4. Refuse to speak further and end the interview

Explanation

The paralegal may conduct the interview and prepare a factual summary but cannot evaluate the case for the witness. Redirecting the question to the attorney preserves both the relationship and the boundary on legal advice.

Question 44Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal's draft settlement agreement contains a legal conclusion the paralegal added without attorney input. The attorney signs and serves it. Which analysis is most accurate?

  1. The paralegal is protected because drafting is a core paralegal function
  2. Neither is responsible because the agreement was ultimately signed
  3. Only the paralegal bears responsibility because the attorney did not draft the clause
  4. Both the paralegal's conduct and the attorney's failure to review are professionally problematic Correct answer.

Explanation

The paralegal overstepped by inserting an independent legal conclusion, and the attorney breached the duty to review work before signing and serving it. Responsibility for supervised work product is shared in the sense that the lawyer remains accountable.

Question 45Unauthorized Practice of Law and Scope of Paralegal Duties

A firm's marketing describes its paralegals as 'licensed legal professionals who can advise you on your rights.' What is the primary problem?

  1. The marketing should have been approved by the county bar
  2. The marketing is misleading about the paralegals' authority and may facilitate unauthorized practice Correct answer.
  3. The marketing omits the firm's office address
  4. The marketing fails to list the paralegals' educational credentials

Explanation

Advertising that suggests non-lawyers may advise on legal rights misleads the public and invites unauthorized practice. The defect is the misrepresentation of authority, not missing biographical or contact details.

Question 46Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal is asked to notarize a client's affidavit and also to explain its legal effect to the client. How should the paralegal proceed?

  1. Decline to notarize because notarizing is the practice of law
  2. Perform both tasks if the client asks in writing
  3. Perform both tasks because notarization includes explaining the document
  4. Notarize if properly commissioned, but refer questions about legal effect to the attorney Correct answer.

Explanation

Notarization is a separate ministerial function that a properly commissioned paralegal may perform. Explaining the legal effect of the affidavit is legal advice that must come from the supervising attorney.

Question 47Unauthorized Practice of Law and Scope of Paralegal Duties

An attorney delegates to a paralegal the task of responding to a client's email asking whether an appeal deadline can be extended. The paralegal knows the answer from prior cases. What is the most defensible course?

  1. Answer directly, citing the prior cases as precedent
  2. Answer but add that the client should verify with the attorney
  3. Forward the email to the client's family for a decision
  4. Draft a response for the attorney to review and send Correct answer.

Explanation

A deadline question requires legal advice about the client's rights, so the paralegal should prepare a draft while the attorney reviews and communicates the advice. Prior experience does not authorize independent advice.

Question 48Unauthorized Practice of Law and Scope of Paralegal Duties

A paralegal volunteers at a community clinic and is asked to sign a client's immigration form as the 'preparer' and to advise the client which visa category to pursue. Which is correct?

  1. Both are permissible if the clinic is nonprofit
  2. Both signing as preparer and selecting the visa category are permissible
  3. Neither is permissible because non-lawyers cannot touch immigration forms
  4. Signing as preparer may be permissible, but selecting the visa category is legal advice Correct answer.

Explanation

A non-lawyer may assist with completing forms in some contexts, but choosing a visa category requires legal analysis and advice. Nonprofit status of the clinic does not expand the scope of authorized practice.

Question 49Attorney-Client Privilege and Confidentiality

Under the Pennsylvania Rules of Professional Conduct, a lawyer may reveal information relating to the representation of a client to prevent reasonably certain death or substantial bodily harm. What is the lawyer's obligation when the client threatens to kill a third party?

  1. Disclosure is permitted but not required, and the lawyer may also reveal information to the extent necessary to comply with the rules. Correct answer.
  2. Disclosure is mandatory in every jurisdiction once a threat is made.
  3. Disclosure is prohibited because the threat was communicated in confidence.
  4. Disclosure is permitted but never required, and the lawyer must first obtain the client's consent.

Explanation

Pennsylvania Rule 1.6(c) permits but does not compel disclosure of confidential information to prevent reasonably certain death or substantial bodily harm. The permission is discretionary, and the lawyer remains free to counsel the client and take protective steps short of disclosure. Disclosure is never conditioned on the client's consent, and it is not prohibited when the harm is reasonably certain.

Question 50Attorney-Client Privilege and Confidentiality

A lawyer represents a landscaping company in a contract dispute. The company's president asks the lawyer to keep secret a plan to dump debris on a protected wetland, which would violate environmental law. Under the Pennsylvania Rules, how should the lawyer treat this information?

  1. The lawyer may reveal it because it relates to a future crime or fraud involving the lawyer's services. Correct answer.
  2. The lawyer must keep it confidential because the client is the entity, not the president.
  3. The lawyer must reveal it because all crimes must be reported under Rule 1.6.
  4. The lawyer may reveal it only after the client actually commits the violation.

Explanation

Rule 1.6(c)(1) permits a lawyer to reveal information to the extent the lawyer reasonably believes necessary to prevent the client from committing a criminal act the lawyer believes is likely to result in substantial injury to the financial interests or property of another. The permission addresses prospective conduct, not completed acts. It is a discretionary exception, not a general mandatory reporting duty.