Judy Johnson just graduated from paralegal school, where she excelled in probate and real estate work. She starts working for Anderson & Billings law firm, which has asked her to work in the litigation department until there is an opening in the probate or real estate department. She is assigned to work for a first-year associate, Rob Roy, on a new antitrust case that just came in. Rob asks Judy to draft a motion to dismiss the case. Judy has no idea how to begin and knows little about litigation, let alone the intricacies of federal court and antitrust law. What should she do? Judy figures out how to draft the motion and gives a very rough draft to Roy for guidance. He says it is fine and asks her to file it as is. Judy knows it is not very good and is concerned that Roy has not reviewed
it carefully and may not know any more than she does about the law and procedure in the case. What should she do now?
What will be an ideal response?
Judy should seek the guidance of an experienced paralegal or attorney to mentor her
in this assignment. Reviewing a motion to dismiss from another case would be helpful as a
starting point. Rob has a duty under Model Rule 5.3 to adequately supervise nonlawyer staff
working with him. When Rob does not review Judy’s work but adopts it as his own, he is in
violation of this duty. At the same time, Judy has a duty to ensure her work is reviewed. She
should seek out an experienced attorney to review her work.
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