Practice Quiz

Paralegal

Category - Ethics

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A lawyer at a law firm called a paralegal at another law firm. The lawyer wanted to find out if the other law firm represented a certain person. The lawyer, who knew the paralegal, brought up the name of the person and eventually asked if the other law firm represented the person. The paralegal responded by saying that the firm did represent the person. Has the paralegal violated any ethical rule?
  1. Yes, the rule on communication.
  2. Yes, the rule on confidentiality.
  3. No, because the lawyer at the other firm mentioned the person’s name.
  4. No, because the paralegal’s conduct complied with the rule on false statements to third person.
Explanation
Answer: B - Yes, the rule on confidentiality. The general rule is that lawyers, and employees of lawyers, are prohibited from disclosing any information related to the representation of a client. Model Rule 1.6(a). Answer B is the best choice because the person was a client and the paralegal confirmed that the person was a client. Answer A is not the best choice because the rule on communication is directed to communications with clients. Answer C is not the best choice because the rule on confidentiality applies even if the third party mentions the client’s name. Answer D is not the best choice because the rule on confidentiality (an obligation to clients) takes precedence over the rule on false statements (reflecting an obligation to third persons).
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