OHIO STATE BAR ASSOCIATION (OSBA) PARALEGAL
CERTIFICATION PRACTICE EXAM 200 Questions with Verified
Answers and Detailed Explanations
---
Section 1: Ethics and Professional Responsibility (Questions 1-30)
1. Under the Ohio Rules of Professional Conduct, which of the following tasks may a paralegal
perform without attorney supervision?
a) Appear in court on behalf of a client
b) Sign pleadings on behalf of the attorney
c) Provide legal advice to a client
d) None of the above
Correct Answer: d) None of the above
Explanation: Paralegals must work under the direct supervision of a licensed attorney. They
cannot appear in court, sign pleadings, or provide legal advice independently, as these
constitute the unauthorized practice of law under Ohio Rule 5.5.
---
2. According to the Ohio Rules of Professional Conduct, a lawyer may share legal fees with a
non-lawyer (including a paralegal) under which circumstance?
a) Based on a percentage of the fee from a particular case
b) As a salary or bonus not tied to specific cases
c) As a referral fee
,d) Never under any circumstances
Correct Answer: b) As a salary or bonus not tied to specific cases
Explanation: Ohio Rule 5.4(a) prohibits lawyers from sharing legal fees with non-lawyers.
However, a lawyer may pay a paralegal a salary or bonus as long as it is not directly tied to fees
from specific cases. Compensation cannot be based on a percentage of fees from individual
clients.
---
3. A paralegal discovers that their supervising attorney has commingled client funds with
personal funds in the firm's operating account. What is the paralegal's ethical obligation?
a) Remain silent because it is the attorney's responsibility
b) Report the violation to the Ohio State Bar Association immediately
c) Report the violation to the supervising attorney and, if not corrected, consider reporting to
appropriate authorities
d) Quit the job without notice
Correct Answer: c) Report the violation to the supervising attorney and, if not corrected,
consider reporting to appropriate authorities
Explanation: Under Ohio Rule 8.3, a lawyer who knows of another lawyer's ethical violation
must report it. While this rule applies directly to attorneys, paralegals have an ethical duty to
raise concerns with their supervising attorney and, if unresolved, may have obligations under
state law or firm policy to report misconduct.
---
4. Under the Ohio Rules of Professional Conduct, which of the following is an example of the
unauthorized practice of law by a paralegal?
,a) Drafting a will based on information provided by a client
b) Summarizing deposition transcripts under attorney supervision
c) Organizing exhibits for trial
d) Conducting legal research using Westlaw
Correct Answer: a) Drafting a will based on information provided by a client
Explanation: Drafting a will without attorney supervision constitutes the unauthorized practice
of law because it requires legal judgment about testamentary capacity, statutory requirements,
and potential challenges. Paralegals may assist in document preparation but only under the
direct supervision of an attorney who reviews the work.
---
5. A paralegal's former client contacts the paralegal asking for legal advice after the paralegal
has left the law firm. The paralegal should:
a) Provide general legal advice since they are familiar with the case
b) Refer the client to the paralegal's new supervising attorney
c) Advise the client to contact the original law firm
d) Both b and c
Correct Answer: d) Both b and c
Explanation: A paralegal cannot provide independent legal advice. The former client should be
directed to contact the original law firm or, if the paralegal is now working for a new firm, be
referred to that firm's supervising attorney. The paralegal should not provide any legal advice
directly.
---
, 6. Under Ohio Rule 1.6, what information about a client may a paralegal disclose without the
client's consent?
a) Information about a planned future crime
b) Information about a past crime
c) Information about a civil violation
d) None of the above
Correct Answer: a) Information about a planned future crime
Explanation: Ohio Rule 1.6(b)(1) permits a lawyer (and by extension, the paralegal working
under the lawyer's supervision) to reveal information relating to the representation to prevent
reasonably certain death or substantial bodily harm. This includes planned future crimes
involving imminent harm.
---
7. A paralegal works for a law firm that represents both parties in a divorce action. This is:
a) Permissible with both parties' written consent
b) Permissible if the paralegal works on separate teams
c) Never permissible due to conflict of interest
d) Permissible only in uncontested divorces
Correct Answer: c) Never permissible due to conflict of interest
Explanation: Under Ohio Rule 1.7, a lawyer cannot represent clients with directly adverse
interests without informed consent in writing. In a divorce, the parties are directly adverse. This
conflict applies to the entire firm, including paralegals. Dual representation in a contested
divorce is generally prohibited.
---
CERTIFICATION PRACTICE EXAM 200 Questions with Verified
Answers and Detailed Explanations
---
Section 1: Ethics and Professional Responsibility (Questions 1-30)
1. Under the Ohio Rules of Professional Conduct, which of the following tasks may a paralegal
perform without attorney supervision?
a) Appear in court on behalf of a client
b) Sign pleadings on behalf of the attorney
c) Provide legal advice to a client
d) None of the above
Correct Answer: d) None of the above
Explanation: Paralegals must work under the direct supervision of a licensed attorney. They
cannot appear in court, sign pleadings, or provide legal advice independently, as these
constitute the unauthorized practice of law under Ohio Rule 5.5.
---
2. According to the Ohio Rules of Professional Conduct, a lawyer may share legal fees with a
non-lawyer (including a paralegal) under which circumstance?
a) Based on a percentage of the fee from a particular case
b) As a salary or bonus not tied to specific cases
c) As a referral fee
,d) Never under any circumstances
Correct Answer: b) As a salary or bonus not tied to specific cases
Explanation: Ohio Rule 5.4(a) prohibits lawyers from sharing legal fees with non-lawyers.
However, a lawyer may pay a paralegal a salary or bonus as long as it is not directly tied to fees
from specific cases. Compensation cannot be based on a percentage of fees from individual
clients.
---
3. A paralegal discovers that their supervising attorney has commingled client funds with
personal funds in the firm's operating account. What is the paralegal's ethical obligation?
a) Remain silent because it is the attorney's responsibility
b) Report the violation to the Ohio State Bar Association immediately
c) Report the violation to the supervising attorney and, if not corrected, consider reporting to
appropriate authorities
d) Quit the job without notice
Correct Answer: c) Report the violation to the supervising attorney and, if not corrected,
consider reporting to appropriate authorities
Explanation: Under Ohio Rule 8.3, a lawyer who knows of another lawyer's ethical violation
must report it. While this rule applies directly to attorneys, paralegals have an ethical duty to
raise concerns with their supervising attorney and, if unresolved, may have obligations under
state law or firm policy to report misconduct.
---
4. Under the Ohio Rules of Professional Conduct, which of the following is an example of the
unauthorized practice of law by a paralegal?
,a) Drafting a will based on information provided by a client
b) Summarizing deposition transcripts under attorney supervision
c) Organizing exhibits for trial
d) Conducting legal research using Westlaw
Correct Answer: a) Drafting a will based on information provided by a client
Explanation: Drafting a will without attorney supervision constitutes the unauthorized practice
of law because it requires legal judgment about testamentary capacity, statutory requirements,
and potential challenges. Paralegals may assist in document preparation but only under the
direct supervision of an attorney who reviews the work.
---
5. A paralegal's former client contacts the paralegal asking for legal advice after the paralegal
has left the law firm. The paralegal should:
a) Provide general legal advice since they are familiar with the case
b) Refer the client to the paralegal's new supervising attorney
c) Advise the client to contact the original law firm
d) Both b and c
Correct Answer: d) Both b and c
Explanation: A paralegal cannot provide independent legal advice. The former client should be
directed to contact the original law firm or, if the paralegal is now working for a new firm, be
referred to that firm's supervising attorney. The paralegal should not provide any legal advice
directly.
---
, 6. Under Ohio Rule 1.6, what information about a client may a paralegal disclose without the
client's consent?
a) Information about a planned future crime
b) Information about a past crime
c) Information about a civil violation
d) None of the above
Correct Answer: a) Information about a planned future crime
Explanation: Ohio Rule 1.6(b)(1) permits a lawyer (and by extension, the paralegal working
under the lawyer's supervision) to reveal information relating to the representation to prevent
reasonably certain death or substantial bodily harm. This includes planned future crimes
involving imminent harm.
---
7. A paralegal works for a law firm that represents both parties in a divorce action. This is:
a) Permissible with both parties' written consent
b) Permissible if the paralegal works on separate teams
c) Never permissible due to conflict of interest
d) Permissible only in uncontested divorces
Correct Answer: c) Never permissible due to conflict of interest
Explanation: Under Ohio Rule 1.7, a lawyer cannot represent clients with directly adverse
interests without informed consent in writing. In a divorce, the parties are directly adverse. This
conflict applies to the entire firm, including paralegals. Dual representation in a contested
divorce is generally prohibited.
---
