Inside Story: North Carolina State Bar Paralegal Certification Exam

1. The North Carolina State Bar Paralegal Certification Exam“The Inside Story” Presented by the North Carolina State Bar Paralegal CertificationCommittee

2. The North Carolina State Bar Paralegal Certification Exam has been designed to test the minimumcompetencies required for a paralegal entering the profession following completion of a qualified paralegal studies program.

3. How did you identify the minimum competencies? Job analysis is the primary process for identifying the competency areas needed for proficient performance in a profession and it normally provides the blueprint for examination development.

4. WHAT IS C-O-D-A-R?

5. Paralegal Profession – Core Competencies • Communications • Organization • Documentation • Analysis • Research

6. Communication • Task 1: Discuss the matter with the attorney to understand the parameters of the assignment. • Task 2: Interview the client and other persons to obtain information required for the assignment.

7. Communication • Task 3: Relay information between the attorney and the client to facilitate timely communication. • Task 4: Interact with co-workers, attorneys, and outside resources to obtain additional information required for the assignment.

8. Communication • Task 5: Report findings to the attorney to confirm that all necessary information has been obtained. • Task 6: Provide periodic updates to the attorney and the client as necessary regarding progress of the assignment.

9. Communication • Task 7: Adhere to the ethical standards of the legal profession by complying with all guidelines to protect the public’s interest.

10. Communication • Good communication requires knowledge of: • Areas of law involved with the assignment • Steps to complete the assignment • Types of information needed • Resources for collecting information • Communication/Interviewing techniques • Ethical guidelines

11. Communication • Good communication requires skills in: • Speaking effectively • Listening effectively • Writing effectively • Organizing • Using computer programs • Determining sources required to obtain information • Determining proper interview technique

12. Sample Communications Question It is the responsibility of the _________ to discuss the fee agreement with the client. a. Paralegalb. Attorneyc. Secretaryd. Office Manager

13. Sample Communications Question It is the responsibility of the _________ to discuss the fee agreement with the client. a. Paralegalb. Attorneyc. Secretaryd. Office Manager

14. Sample Communications Question Which lawyer has engaged in professional misconduct? a. A lawyer who advances money to his client to cover litigation expenses and court costsb. A lawyer who, at the conclusion of the representation, publishes a book about his representation of a particular clientc. A lawyer who makes an aggregate settlement of the claims of two or more of his clients without the clients’ consentd. All of the above

15. Sample Communications Question Which lawyer has engaged in professional misconduct? a. A lawyer who advances money to his client to cover litigation expenses and court costsb. A lawyer who, at the conclusion of the representation, publishes a book about his representation of a particular clientc. A lawyer who makes an aggregate settlement of the claims of two or more of his clients without the clients’ consentd. All of the above

16. Organization • Task 1: Coordinate schedules by proper calendaring to enhance office efficiency. • Task 2: Maintain a tickler system by utilizing proper resources to ensure that deadlines are met.

17. Organization • Task 3: Organize files for use in specific client matters by utilizing proper file management techniques for efficient delivery of legal services. • Task 4: Maintain files by utilizing proper file management techniques to ensure that files are accurate and up to date.

18. Organization • Task 5: Organize workload by prioritizing assignments to ensure the efficient delivery of legal services.

19. Organization • Organization requires knowledge of: • Organizational techniques • File management/maintenance • Record retention • Procedural law as it relates to filing dates and statutes of limitations • Ethics

20. Organization • Organization requires knowledge of: • Calendaring systems • Office procedures • Local rules • Personal work habits

21. Organization • Organization requires skills in: • Resolving conflicts • Operating calendaring systems • Communicating • Developing/operating & managing tickler systems

22. Organization • Organization requires skills in: • Calculating deadlines • Organizing/updating files • Organizing workflows • Completing assignments

23. Sample Organization Question Correspondence relating to client cases should be: a. Filed anywhere in the client’s file.b. Filed in a file with all other correspondence received/sent by the firm.c. Filed in a Correspondence subfile for the client’s case.d. Electronically scanned and then destroyed.

24. Sample Organization Question Correspondence relating to client cases should be: a. Filed anywhere in the client’s file.b. Filed in a file with all other correspondence received/sent by the firm.c. Filed in a Correspondence subfile for the client’s case.d. Electronically scanned and then destroyed.

25. Sample Organization Question When should a file be closed? a. After the final action in the caseb. December 31 of each yearc. When the final bill is mailedd. When the responsible attorney leaves the firm

26. Sample Organization Question When should a file be closed? a. After the final action in the caseb. December 31 of each yearc. When the final bill is mailedd. When the responsible attorney leaves the firm

27. Documentation • Task 1: Draft documents and other written communications for attorney review as required by the assignment. • Task 2: Coordinate the proper execution of documents to ensure their validity.

28. Documentation • Task 3: Coordinate filing or recording a document with the appropriate authority to perfect its validity. • Task 4: Coordinate service of process with the appropriate authority to ensure sufficiency of service.

29. Documentation • Task 5: Create form documents for use by attorneys and co-workers to enhance efficiency and maintain consistency. • Task 6: Review form documents periodically to incorporate substantive and procedural changes to maintain the validity of the documents.

30. Documentation • Documentation requires knowledge of: • Areas of law involved with the assignment • Type and purpose of the document or communication • Information required to complete document or communication • Components of the document • Local rules • Signature authority

31. Documentation • Documentation requires knowledge of: • Where and when to file or record • Where and when to serve • Statutory rules and procedures/guidelines • Methods of services • Writing effectively

32. Documentation • Documentation requires skills in: • Writing effectively • Organizing • Locating proper statutory authority • Selecting the proper form • Locating the proper office

33. Documentation • Documentation requires skills in: • Coordinating fees • Locating the party to be served • Identifying boilerplate language • Researching

34. Sample Documentation Question If a civil defendant does not answer a complaint by the deadline for responding, the plaintiff can ask for: a. Res judicata.b. A default summons.c. A summary ejectment.d. A default judgment.

35. Sample Documentation Question If a civil defendant does not answer a complaint by the deadline for responding, the plaintiff can ask for: a. Res judicata.b. A default summons.c. A summary ejectment.d. A default judgment.

36. Sample Documentation Question Which is not listed on a civil summons? a. Defendant’s addressb. Plaintiff’s attorney’s addressc. Defendant’s date of birthd. County where the action is being filed

37. Sample Documentation Question Which is not listed on a civil summons? a. Defendant’s addressb. Plaintiff’s attorney’s addressc. Defendant’s date of birthd. County where the action is being filed

38. Analysis • Task 1: Evaluate the information for the attorney by analyzing the data to determine what is relevant to the client’s matter. • Task 2: Assess the client’s situation by applying the law to the facts to suggest possible courses of action for the attorney’s consideration.

39. Analysis • Task 3: Analyze the proposed courses of action with the attorney to determine whether any will lead to an acceptable outcome for the client.

40. Analysis • Analysis requires knowledge of: • Substantive law of the area of assignments • Legal analysis • Deadlines • Statutes of Limitations • The Rules of Evidence • Proper procedures • Procedural law of the area of assignments

41. Analysis • Analysis requires skills in: • Reviewing all assignment information • Identifying all legal elements • Utilizing a checklist • Identifying all possible outcomes/courses of action • Assessing all possible outcomes • Determining/adhering to deadlines

42. Analysis • Analysis requires skills in: • Coordinating assignments and documents • Researching/adhering to statutes of limitations • Performing research • Applying rules to the assignment • Complying with proper office procedures and policies • Adhering to all applicable rules of procedure

43. Sample Analysis Question Jim owns a grocery store. Jim has a one-year contract with Bob for Bob to pick up trash in consideration of $100 a month. Jim sells the grocery store to Steve. Jim and Steve meet with Bob and it is agreed that Bob will continue to pick up the trash for Steve. Steve will pay Bob $100 month for this service. Bob will have no future contract rights against Jim, and Jim will have no future contract rights against Bob. In contract law this is called a: a. Novation.b. Promissory estoppel.c. Counter-offer.d. Revocation.

44. Sample Analysis Question Jim owns a grocery store. Jim has a one-year contract with Bob for Bob to pick up trash in consideration of $100 a month. Jim sells the grocery store to Steve. Jim and Steve meet with Bob and it is agreed that Bob will continue to pick up the trash for Steve. Steve will pay Bob $100 month for this service. Bob will have no future contract rights against Jim, and Jim will have no future contract rights against Bob. In contract law this is called a: a. Novation.b. Promissory estoppel.c. Counter-offer.d. Revocation.

45. Sample Analysis Question A contract is considered executed when: a. All promises or duties have been carried out.b. All requirements for a valid contract have been met.c. There are still promises or duties to be carried out.d. The contract has been signed by all the parties.

46. Sample Analysis Question A contract is considered executed when: a. All promises or duties have been carried out.b. All requirements for a valid contract have been met.c. There are still promises or duties to be carried out.d. The contract has been signed by all the parties.

47. Research • Task 1: Determine the applicable sources of information required to complete the assignment. • Task 2: Research primary and secondary authorities to find the law applicable to the assignment.

48. Research • Task 3: Gather other information for the assignment by searching the Internet; computer-based engines; and local, county, state, federal, and international records as applicable.

49. Research • Research requires knowledge of: • Executive, legislative, and judicial branches on a federal and state basis • Federal, state, county, and local administrative agency processes • Legal research sources • Primary/secondary authorities

50. Research • Research requires knowledge of: • Public record sources • General information sources • Legal research terminology/methods • Computer-assisted legal research • Internet