The North Carolina State Bar Paralegal Certification Exam

The North Carolina State Bar Paralegal Certification Exam “The Inside Story” Presented by the North Carolina State Bar Paralegal Certification Committee

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

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. 3

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

Paralegal Profession – Core Competencies ØCommunications ØOrganization ØDocumentation ØAnalysis ØResearch 5

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

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

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

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

Communication Ø 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 10

Communication Ø 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 11

Sample Communications Question It is the responsibility of the _____ to discuss the fee agreement with the client. a. Paralegal b. Attorney c. Secretary d. Office Manager 12

Sample Communications Question It is the responsibility of the _____ to discuss the fee agreement with the client. a. Paralegal b. Attorney c. Secretary d. Office Manager 13

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 costs b. A lawyer who, at the conclusion of the representation, publishes a book about his representation of a particular client c. A lawyer who makes an aggregate settlement of the claims of two or more of his clients without the clients’ consent d. All of the above 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 costs b. A lawyer who, at the conclusion of the representation, publishes a book about his representation of a particular client c. A lawyer who makes an aggregate settlement of the claims of two or more of his clients without the clients’ consent d. All of the above 15

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

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

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

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

Organization Ø Organization requires knowledge of: § § Calendaring systems Office procedures Local rules Personal work habits 20

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

Organization Ø Organization requires skills in: § § Calculating deadlines Organizing/updating files Organizing workflows Completing assignments 22

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. 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 When should a file be closed? a. After the final action in the case b. December 31 of each year c. When the final bill is mailed d. When the responsible attorney leaves the firm 25

Sample Organization Question When should a file be closed? a. After the final action in the case b. December 31 of each year c. When the final bill is mailed d. When the responsible attorney leaves the firm 26

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

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

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

Documentation Ø 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 30

Documentation Ø 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 31

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

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

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. 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 Which is not listed on a civil summons? a. Defendant’s address b. Plaintiff’s attorney’s address c. Defendant’s date of birth d. County where the action is being filed 36

Sample Documentation Question Which is not listed on a civil summons? a. Defendant’s address b. Plaintiff’s attorney’s address c. Defendant’s date of birth d. County where the action is being filed 37

Analysis Ø Task 1: Evaluate the information for the attorney by analyzing the data to determine what is relevant to the client’s matter. Ø 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. 38

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

Analysis Ø 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 40

Analysis Ø 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 41

Analysis Ø 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 42

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 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. 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 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 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. 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

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

Research Ø 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. 48

Research Ø 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 49

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

Research ØResearch requires skills in: § Reviewing the assignment § Determining the proper search sources applicable to the assignment § Developing a search plan § Formulating queries to obtain the desired information § Searching federal and state case law/statutes § Locating administrative rules 51

Research Ø Research requires skills in: § Utilizing digest, indices, and other tools to locate the law § Referencing encyclopedias, treatises, and other secondary authority § Citing of applicable law § Formulating legal research queries for computerassisted legal research § Determining the proper database for use in conducting computer-assisted legal research queries § Updating research 52

Sample Research Question Which is considered a secondary source? a. A North Carolina case b. A North Carolina general statute c. The North Carolina Constitution d. A North Carolina law review article 53

Sample Research Question Which is considered a secondary source? a. A North Carolina case b. A North Carolina general statute c. The North Carolina Constitution d. A North Carolina law review article 54

Sample Research Question A gift of personal property by will is called: a. A bequest. b. A devise. c. An advancement. d. A codicil. 55

Sample Research Question A gift of personal property by will is called: a. A bequest. b. A devise. c. An advancement. d. A codicil. 56

What legal subjects will be tested on the exam? Civil Litigation Commercial Law Criminal Law Ethics Family Law Legal Research Real Property Wills, Trusts, & Estate Administration Please note that exam questions are written to test the domains and the tasks. The questions may not be equally distributed among the different areas of law. 57

How were the legal subjects determined? The legal subjects to be tested are generally based upon a review of the core curriculum required by the community college system for paralegal studies programs in North Carolina, which generally follow the core curriculum for approval as an ABA-approved paralegal studies program; however, the North Carolina State Bar Board of Paralegal Certification reserves the right to add or remove legal subjects at its discretion. 58

Will the exam test only North Carolina law? The exam will primarily be based on North Carolina law; however, some federal and/or common law questions may be asked to the extent they are applicable to core knowledge required by a North Carolina paralegal. 59

How long will the exam be? Ø 150 multiple choice questions Ø You will have 3 hours to complete the exam. 60

How do I qualify to become a North Carolina Certified Paralegal? Ø Education § You must have graduated from a “qualified paralegal studies program. ” Ø Payment of fees § $125. 00 application fee § $50. 00 exam fee Ø Pass the exam 61

DISCLAIMER: ALL INFORMATION PROVIDED ABOUT THE NORTH CAROLINA STATE BAR PARALEGAL CERTIFICATION EXAM IS SUBJECT TO CHANGE WITHOUT NOTICE AT THE DISCRETION OF THE PARALEGAL CERTIFICATION COMMITTEE AND/OR THE BOARD OF PARALEGAL CERTIFICATION. 62

For Further Information: Ø Visit the North Carolina State Bar Paralegal Certification website at: http: //www. nccertifiedparalegal. gov/ Ø Call the State Bar at 919. 828. 4620. Ask for the paralegal certification program (Extension 291). Please direct questions to Kelly Farrow, Assistant Director of the Board of Paralegal Certification. You may also contact Alice Mine, Director of the Board of Paralegal Certification. 63