NALA Certified Paralegal Practice Exam

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Study for the NALA Certified Paralegal Exam. Use our practice quizzes with multiple choice questions and explanations to enhance your knowledge. Prepare effectively for your certification!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

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May attorney Smithers represent Ms.Perkins in a patent infringement action against Computers, Inc., his former client?

Yes, because Computers, Inc. is a former client
No, because it would constitute simultaneous representation
Yes, because it would not breach any ethical rules
No, because it would breach the conflict of interest rule

The correct answer is: No, because it would breach the conflict of interest rule

Attorney Smithers cannot represent Ms. Perkins in a patent infringement action against Computers, Inc., his former client, because it would breach the conflict of interest rule. This rule prohibits attorneys from taking on cases where there is a conflict of interest or potential for ethical issues arising from their previous or current relationships with the parties involved. In this case, Smithers has a duty of loyalty to his former client Computers, Inc., and representing Ms. Perkins against them could potentially jeopardize that loyalty and create a conflict of interest. Therefore, option D is the correct answer. Options A and C are incorrect because even though Computers, Inc. is a former client, it does not automatically grant Smithers permission to represent Ms. Perkins. Option B is incorrect because simultaneous representation is not the primary issue in this scenario, rather it is the conflict of interest.