Ethics, Confidentiality & Professional Responsibility Flashcards

A law firm represents a corporation. The general counsel calls a paralegal directly for a status update on pending litigation. The paralegal should:

Answer: Check with the supervising attorney before disclosing substantive case information

Even when communicating with an authorized client representative, a paralegal should verify the scope of permissible disclosure with the supervising attorney first.

Which principle requires that a paralegal's work be performed with thoroughness, preparation, and the legal knowledge required for the task?

Answer: Duty of competence

The duty of competence requires paralegals to possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for their assigned tasks.

When a paralegal becomes aware that a witness in a case has been offered money to change their testimony, the paralegal must:

Answer: Document the information and report it to the supervising attorney immediately

Witness tampering is a crime; a paralegal who learns of it must immediately report it to the supervising attorney so appropriate action—including potentially reporting to authorities—can be taken.

A paralegal who is also a licensed real estate agent is asked by a client to help them purchase a property related to their pending estate matter. Assisting in this capacity would likely:

Answer: Create a conflict of interest requiring disclosure and attorney approval

Engaging in a business transaction with a client outside the legal representation creates a potential conflict of interest that requires full disclosure and attorney approval.

Social media posts by a paralegal about a current case, even without naming the client, may violate:

Answer: The duty of confidentiality

Posting case details on social media—even anonymously—can breach the duty of confidentiality if the information could identify the client or harm the representation.

A paralegal at a small firm is the only staff member with access to client files while the attorney is out of the country for two weeks. A client demands their file immediately. The paralegal should:

Answer: Contact the attorney for guidance before releasing any files

File releases and client communications should be handled under attorney direction; the paralegal must contact the supervising attorney for authorization before releasing files.

Which term describes the doctrine that protects materials prepared by or for an attorney in anticipation of litigation from discovery by the opposing party?

Answer: Work product doctrine

The work product doctrine (Hickman v. Taylor) protects documents and tangible things prepared in anticipation of litigation or for trial by or for a party or its representative.