Exam 1: Regulation of the Legal Profession

Paralegal Beverly is researching a point of law dealing with whether or not a law firm's website can use a suedoname for the URL. In other words, can her law firm use the web address "www.terrificlawyers.com"? She cannot locate any state statute on point but has conflicting information from other states. What is her best course of action now?

The Legislature of the State of Flux is considering a "registration scheme" for paralegal regulation. An accurate translation of that is:

Paralegal Daniel works for a firm that wants to hire an accountant. He has been asked to find out if the accountant's name can be placed on the office door and the directory in the lobby of their building. He cannot locate any state statute on point. To make matters worse, he has found conflicting information from other states. What is his best course of action now?

Attorney Howard has just gotten a "letter of reproval" from his state's lawyer disciplinary authority. He's cleaning out his desk, assuming he is no longer authorized to practice law. You, his trusty paralegal, have one thing to say to him. What is it?

The State of Eufouria is considering a "title scheme" for paralegal regulation. An accurate translation of that is:

Rosa is considering becoming a lawyer, but doesn't want to spend too much time in school. From the time she graduates from high school, how many years of school should Rosa anticipate for becoming a lawyer?

Horatio is attending a paralegal school and has begun investigating the various national paralegal organizations. When he comes across the initials NFPA, he can't figure out what the letters stand for. You, his very clever friend, can offer him assistance.

There are various ways of regulating paralegals that have been discussed and attempted in many states. All of the different types of regulation methods are designed assume that:

Carrie is a freelance paralegal who is doing some legal research for a client law firm. She works in a firm that is in State G, a state that uses the ABA Model Rules as the template for its state law on professional responsibility. As is often the case, there is no law in her state on the issue she is researching. There is, however, case law (a case directly on point) from State Y that also uses the ABA Model Rules as the basis for its state law. The next step Carrie should take in her research is:

Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to

There are many different ways of regulating paralegals. All of the different types of regulation methods are designed assume that:

Paralegal Sofia is moving to a state where paralegals are "registered." She asks you what she can expect when she goes to get a new job there. You can tell her:

Paralegal John is writing a brief in defense of a lawyer facing disciplinary charges. John has a choice between citing his state's professional conduct rule 3.6 (on trial publicity) or ABA Model Rule 3.6. Both rules say exactly the same thing. His best choice is to

Madison is a recent graduate of a fine paralegal school! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:

Alia has just completed her paralegal education! She wants to move to a state where paralegals are licensed. She is ready to take an exam to get licensed as a paralegal. You can suggest that she move to:

Isabella is a paralegal sharing an office with a law clerk. The clerk (Jacob) was asked to research a legal ethical issue. Jacob found a case that referred to EC 1-1 and doesn't know what it means. Isabella should tell Jacob that "EC" refers to:

Anton is attending a paralegal school at night and looking for his first paralegal job. As he considers the different levels of pay offered by law firms and government agencies, he is struck by the question of overtime pay. He doesn't understand the what the word "exempt" is doing in the ads. You can help him because you know that

"Becky is a paralegal in the state of Georgia who works for a law firm, therefore she is regulated directly by the Georgia Supreme Court." Based on what you have learned about paralegal regulation across the United States, this statement is most likely:

Sylvia has just graduated from law school and is completing her application to become a member of her state bar association. She is concerned about a theft conviction from several years ago. She pled guilty and got probation. She successfully completed the probation and it is all behind her. However, there is a question on the bar application about "any prior convictions" and Sylvia is concerned that her past will keep her from the future she wants. Sylvia should:

Lorissa is doing some research on a legal ethical issue. She read a case that referred to DR 1-101(B) and doesn't know what it means. You can help her. "DR" refers to: