Ethics and Professional Responsibility
Ethics questions test whether you know the line between paralegal support and the practice of law. Core duties include competence, diligence, communication, confidentiality, avoiding conflicts, candor to tribunals, fairness, and safekeeping client property. Under ABA Model Rule 5.3, a lawyer must supervise nonlawyer assistants; a paralegal's conduct can be imputed to the supervising lawyer. A paralegal may not give legal advice, set fees, accept a client independently, sign pleadings, or appear in court unless authorized by law. Confidentiality under Rule 1.6 is broader than privilege: it covers all information relating to the representation, not just communications, and survives the representation. Conflicts require screening and disclosure; a former client's matter generally cannot be used against them without consent. Trust accounts require strict segregation, no commingling, and reconciliation; earned fees must be transferred out only when earned. Traps include "the attorney can ratify unauthorized advice after the fact," "confidentiality ends when the client pays the bill," and "a paralegal may answer a legal question if the attorney is unavailable." Worked example: a client asks, "Should I accept the $50,000 settlement?" The paralegal should explain that settlement decisions belong to the client after consulting the attorney, relay the question, and document the request-not evaluate the offer. Rule of thumb: if answering requires applying law to the client's facts, route it to the attorney.