Week 10 Lecture

Question 1

4 requirements for lawyer education

Answer 1

1. Bachelor’s degree
2. Law school
3. Bar exam
4. continuing legal education

Question 2

The ABA is beginning to update (1) rules to include (2).

Answer 2

1. continuing education

2. technology (e-filing, producing docs, etc.)

Question 3

4 ways PLs share lawyers’ commitment to education and skill development

Answer 3

1. ABA-approve paralegal program
2. Bachelor’s degree
3. certification (NALA, PACE)
4. continuing legal education

Question 4

5 things encompassed in the definition of competetence

Answer 4

1. legal knowledge/skill
2. thoroughness/preparation
3. diligence
4. promptness
5. communication with clients

Question 5

3 ways you should keep communicating with clients

Answer 5

1. keep them informed about the status of their matters
2. comply with requests for info
3. explain matters so clients can make informed decisions (paralegals CANNOT do this, but can provide copies, etc.)

Question 6

2 things encompassed in “skills” part of competence

Answer 6

1. proficiency in the execution of tasks (PL)

2. implementation of legal decisions into action (PL can assist attorney on this)

Question 7

(1) is one of the most critical aspects of PL competence. Learn all the (2), be (3) about every detail and be (4). Paralegals are valued for their (5) and (6).

Answer 7

1. Thoroughness
2. facts
3. meticulous
4. prepared
5. knowledge on cases
6. attention to detail

Question 8

persistent attention to a legal matter to ensure it is resolved with the best possible outcome for the client

Answer 8

diligence

Question 9

meeting all deadlines

Answer 9

promptness

Question 10

Communication with clients comprises (1) and (2).

Answer 10

1. prompt return of phone calls

2. ongoing communication

Question 11

Malpractice is (1) in the performance of duties by a professional, either (2) or through (3).

Answer 11

1. improper conduct
2. intentionally
3. through negligence

Question 12

Failure to exercise the standard of care commonly observed in other professionals

Answer 12

professional negligence

Question 13

5 incompetence issues that may bring disciplinary action

Answer 13

1. lack of competence (repeatedly)
2. commingling
3. conversion
4. failure to return client documents after termination ofa matter
5. lack of attorney review (no supervision of paralegals, aiding in UPL)

Question 14

7 of the most commong bases for malpractice claims

Answer 14

1. substatntive incompetence (facts, skills, etc.)
2. management incompetence (of firm)
3. poor communication skills/practices
4. fee misunderstandings
5. substance abuse/stress
6. breach of confidentality
7. conflicts of interest (need thorough checks!)

Question 15

To avoid malpractice suits, (1), (2) and (3) should be carefully drafted.

Answer 15

1. letters of engagement
2. letters of termination
3. fee agreements

Question 16

To avoid malpractice suits, (1) should be selected carefully and charged (2) that are in accord with (3). Clients’ (4) should be returned promptly.

Answer 16

1. clients
2. reasonable fees
3. fee agreement
4. phone calls

Question 17

Lawyers and paralegals should (1) carefully and try to understand their (2) and (3)

Answer 17

1. listen to clients
2. goals
3. expectations

Question 18

Lawyers should exercise (1) on clients’ behalf and should respect (2).

Answer 18

1. independent judgment

2. clients’ wishes

Question 19

Law firms should have good (1) and (2) in place.

Answer 19

1. management systems

2. well-trained personnel

Question 20

Lawyers and paralegals should be scrupulous in handling (1).

Answer 20

clients’ funds

Question 21

Clients should know whether advice is based on (1).

Answer 21

well-defined law

Question 22

Lawyers and paralegals must honor rules on conflicts of interest and when appropriate, obtaining (1) and establishing (2).

Answer 22

1. consents

2. screens

Question 23

Lawyers and paralegals should know the limits of their (1) and should seek (2) when in doubt.

Answer 23

1. competence

2. guidance

Question 24

Firms should provide (1) for lawyers and paralegals and have (2) for employees to consult for support

Answer 24

1. education

2. mentors

Question 25

Lawyers should create a firm culture characterized by high (1), including promoting (2), knowing and following (3) and supporting (4).

Answer 25

1. ethical standards 2. quality work 3. ethics rules 4. continuing education

Question 26

Firm management should be alert to employees who may have (1) or (2) problems that could interfere with their work.

Answer 26

1. personal | 2. substance abuse

Question 27

6 paralegal skills most needed

Answer 27

1. drafting documents 2. analyzing documents 3. summarizing information 4. handling procedural matters 5. conducting legal and factual research 6. technology proficiency

Question 28

4 factors affecting paralegal competence

Answer 28

1. lack of requisite skill/knowledge to perform a task 2. lack or proper delegation, supervision, and review of paralegal work by attorneys 3. heavy workload 4. lack of honest self-assessment