PLS Ethics Exam 1 ALL ANSWERS GUARANTEED GRADE A+ SPRING FALL-2022 EDITION

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ABA Model Rule of Professional Conduct prohibiting the unauthorized practice of law: - ABA Model Rule 5.3 Outlines lawyers responsibility to prevent UPL NALA Canons that prohibit the Unauthorized ... Practice of Law - Canons 1, 3, 4, and 5 NALA Canon 1 - A paralegal must not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take. NALA Canon 3 - A paralegal must not: (a) Contribute to any act which could constitute the unauthorized practice of law; (b) establish attorney-client relationships, set fees, give legal opinions or advice or represent a client before a court or agency unless so authorized by that court (c) engage in conduct or take any action which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety. NALA Canon 4 - Paralegal must use discretion and professional judgment commensurate with knowledge and experience -Must not render independent legal judgment in place of an attorney. NALA Canon 5 - -Paralegal must disclose their status as a paralegal at the outset of any professional relationship with a client/ attorney/court/administrative agency or personnel/or member of the general public. -Paralegal must act prudently in determining extent to which a client may be assisted without the presence of an attorney. NFPA code that prohibit Unauthorized Practice of Law - Codes 1.7 and 1.8 NFPA Code 1.7 - -Paralegal's title shall clearly indicate the individual's status -Shall be disclosed in all business/professional communications to avoid misunderstandings/misconceptions about the paralegal's role and responsibilities. NFPA Code 1.8 - -Paralegal shall comply with the applicable legal authority governing the unauthorized practice of law in the jurisdiction in which the paralegal practices. ABA Model Guidelines of Paralegal Services that prohibit the Unauthorized Practice of Law - 1, 2, and 4 ABA Model Guideline 1 - Paralegal's duty to be competent: Lawyer should ensure that paralegal is competent to perform assigned tasks based on the paralegal's education, training and experience. --A lawyer is responsible for all of the professional actions of a paralegal performing services at the lawyer's direction and should take reasonable measures to ensure that the paralegal's conduct is consistent with the lawyer's obligations under the rules of professional conduct of the jurisdiction in which the lawyer practices. ABA Model Guideline 2 - Provided the lawyer maintains responsibility for the work product, a lawyer may delegate to a paralegal any task normally performed by the lawyer except those tasks proscribed to a nonlawyer by statute, court rule, administrative rule or regulation, controlling authority, the applicable rule of professional conduct of the jurisdiction in which the lawyer practices, or these Guidelines. ABA Model Guideline 4 - A lawyer is responsible for taking reasonable measures to ensure that clients, courts, and other lawyers are aware that a paralegal, whose services are utilized by the lawyer in performing legal services, is not licensed to practice law. Which Rule of Evidence covers Attorney-Client Privilege? - Rule 502 What is the applicable ABA Model Rule covering Attorney-Client Privilege? - ABA Model Rule 1.6: Establishes client-lawyer relationship and outlines confidentiality of information. What is the applicable NALA Canon covering Attorney-Client Privilege? - NALA Canon 7 NALA Canon 7 - A paralegal must protect the confidences of a client and must not violate any rule or statute now in effect or hereafter enacted controlling the doctrine of privileged communications between a client and an attorney. What is the applicable NFPA Code covering Attorney-Client Privilege? - NFPA Code 1.5 NFPA Code 1.5 - A paralegal shall preserve all confidential information provided by the client or acquired from other sources before, during, and after the course of the professional relationship. What is the applicable ABA Model Guideline c [Show More]

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