NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeMedium
A paralegal is assigned to an urgent case where the statute of limitations is rapidly approaching. The supervising attorney is out of the office for the day. To ensure the filing deadline is met, the paralegal drafts a preliminary complaint, signs it with their own name, and files it electronically with the court. What ethical violation, if any, has occurred?
- AViolation of professional conduct by signing and filing a legal document without attorney authorization.
- BViolation of client confidentiality by filing a document without the attorney's direct review.
- CNo violation, as the paralegal acted to protect the client's interests in an urgent situation.
- DViolation of billing practices by potentially incurring charges for unauthorized work.
Show answer & explanationAnswer & explanation
Correct answer: A. Violation of professional conduct by signing and filing a legal document without attorney authorization.
Paralegals are not authorized to sign and file legal documents with the court on their own behalf. Doing so constitutes the unauthorized practice of law and a violation of professional conduct, even in urgent situations. Such actions require attorney review and signature.
Why the other options are wrong
- B. Filing a document, even without attorney review, doesn't inherently violate confidentiality unless the content itself was unauthorized for disclosure.
- C. While the intent might be good, the method is a clear ethical violation.
- D. Billing practices are not the primary ethical concern here; the issue is the unauthorized legal action itself.
Paralegal Professional Conduct
The ethical guidelines and rules governing the behavior of paralegals, ensuring they act competently, diligently, and within the bounds of authorized practice under attorney supervision.
- Requires strict adherence to attorney supervision.
- Prohibits giving legal advice or representing clients.
- Emphasizes competence, diligence, and confidentiality.
Memory trick: Boundaries: Don't sign, don't advise, stay supervised.