Identify the most appropriate response of a paralegal to situations that implicate canons 1,
What will be an ideal response?
2, 4, 5, 7, and 8 of the NFPA's Model Code of Ethics and Professional Responsibility.
(Instructors may want to provide students with the text of the Model Code, although this is
not a requirement. The following are responses to the situations posed in the exercise box
beginning on page 200 of the text.)
Situation 1: Per Canon 1, the paralegal should gain training in ADR and how it is used and
supported.
Situation 2: Per Canon 2, EC-2.1, the paralegal should not engage in any ex parte
communication designed to influence the outcome of a case. Here the
paralegal should inform the attorney of the mistake and the names of the
recommended mediators so that the attorney can determine an appropriate
response if the court recommends them.
Situation 3: Per Canon 4, the paralegal should not participate in any activities designed to
avoid a court order to use ADR and, if asked to do so, should at least voice his
or her objections. If asked to participate, the paralegal should resign.
Situation 4: Per Canon 4, if the paralegal is already trained as a neutral, he or she should
volunteer, and if not trained should consider obtaining the skills and then
volunteering.
Situation 5: Per Canon 4, the paralegal should support the effort by recommending open
cases that could benefit from settlement week, and also by asking the
employer to permit the paralegal to volunteer his or her services to the
settlement week coordinators.
Situation 6: Per Canon 5, the paralegal should preserve all confidential information about
the client. Here, the paralegal should inform the attorney involved with the
case of the remarks made to the other side so that the attorney can assess and
mitigate any damage.
Situation 7: Per Canon 8, the paralegal should inform the attorney in charge of the case
about the conflict so that it can be revealed to the client and to the other
side.
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Your attorney calls from out of town and asks you to prepare a motion in a case on which you are working and further tells you to sign his name to the motion and get it filed with the court today. As the legal assistant you should respond to this request as follows:
A. Follow the instructions since the instructions are direct from the attorney. B. Tell the attorney it is improper for you to sign his name to the motion and that an attorney must review the motion before it is duly filed. C. Prepare the motion but take it to a lawyer in another firm for review before you sign the attorney's name. D. All of the above.
In a sole proprietorship, the ______ is entitled to any profits made by the firm but is also personally liable for all of the firm's debts or obligations.
A. sole proprietor B. chief executive officer (CEO) C. business manager D. corporate head
A court where a case begins and is tried is a court of jurisdiction.
Fill in the blank(s) with the appropriate word(s).
Paralegals interviewing potential clients or witnesses should:
A) Stick to the forms and checklists provided by the law firm to obtain information B) Select a location for the interview that will make the client or witness comfortable C) Keep the interview short and focused on getting the information required D) All of the above