CP Client Communication & Interviews 3 — Questions and Answers
Question 1: A paralegal working on a family law matter interviews a minor child to gather factual information. Which precaution is most critical?
- Conducting the interview without a parent present to get uninfluenced answers
- Ensuring the supervising attorney has authorized the interview and appropriate adults are present (Correct answer)
- Using leading questions to help the child recall specific events
- Keeping the interview results confidential from both parents
Correct answer: Ensuring the supervising attorney has authorized the interview and appropriate adults are present
Interviewing minors requires attorney supervision and adherence to ethical and legal protections for vulnerable populations.
Question 2: Which of the following best describes 'active listening' in the context of a client interview?
- Taking extensive notes without making eye contact with the client
- Periodically interrupting the client to correct factual errors
- Giving full attention, reflecting back what is heard, and clarifying ambiguities (Correct answer)
- Multitasking by reviewing the file while the client speaks
Correct answer: Giving full attention, reflecting back what is heard, and clarifying ambiguities
Active listening involves full engagement, reflection, and clarification to ensure accurate understanding of the client's account.
Question 3: A former client calls asking the paralegal to provide a copy of their old file. The paralegal should:
- Email the entire file immediately since the person is a former client
- Verify identity, consult the attorney, and follow office procedures for file release (Correct answer)
- Decline all requests from former clients as the representation has ended
- Provide only documents the paralegal personally prepared
Correct answer: Verify identity, consult the attorney, and follow office procedures for file release
File release requires identity verification and attorney direction to comply with confidentiality and file retention rules.
Question 4: During intake, a prospective client reveals they are involved in ongoing criminal activity unrelated to the matter for which they seek representation. The paralegal should:
- Immediately report the activity to law enforcement
- Continue the interview and disclose the information publicly
- Inform the supervising attorney and refrain from taking further action without guidance (Correct answer)
- Advise the client to stop the activity before representation begins
Correct answer: Inform the supervising attorney and refrain from taking further action without guidance
The paralegal must escalate to the supervising attorney, who will evaluate disclosure obligations under the applicable rules of professional conduct.
Question 5: A client insists that the paralegal keep a secret from the supervising attorney during the course of representation. The paralegal should:
- Honor the request to maintain the client's trust
- Agree but document the secret in a separate personal file
- Explain that the paralegal cannot withhold material information from the supervising attorney (Correct answer)
- Transfer the case to another paralegal who can comply
Correct answer: Explain that the paralegal cannot withhold material information from the supervising attorney
Paralegals are supervised professionals and cannot withhold case-relevant information from their supervising attorney.
Question 6: What is the primary purpose of sending a 'follow-up letter' to a client after an initial interview?
- To bill the client for the time spent in the interview
- To confirm facts discussed, identify outstanding documents needed, and set next steps (Correct answer)
- To give the client a preliminary legal opinion in writing
- To formally establish the attorney-client relationship
Correct answer: To confirm facts discussed, identify outstanding documents needed, and set next steps
Follow-up letters memorialize the interview, reduce misunderstandings, and create a record of agreed next steps.
Question 7: A paralegal realizes mid-interview that the client's matter involves a conflict of interest with another firm client. The correct immediate action is to:
- Continue the interview and note the issue at the end
- Stop the interview, avoid gathering further confidential information, and notify the supervising attorney immediately (Correct answer)
- Ask the client to waive the conflict on the spot
- Transfer the matter to a different paralegal in the same firm
Correct answer: Stop the interview, avoid gathering further confidential information, and notify the supervising attorney immediately
Gathering additional confidential information after discovering a conflict can deepen the conflict and harm both clients; the attorney must resolve it before proceeding.
CP Client Communication & Interviews 3
A paralegal working on a family law matter interviews a minor child to gather factual information.
Which precaution is most critical?