A paralegal works for a sole practitioner who practices mainly in personal injury law. At a time prior to hiring the paralegal, the attorney prepared a brochure outlining what a person should do if injured. The brochure includes information on getting medical treatment, dealing with an insurance company, keeping records, etc. The brochure also contains the attorney’s name, office address, and telephone number. The paralegal sees a person lying on the ground after a hit-and-run incident. The paralegal helps the injured person by providing emergency first aid until an ambulance arrives. The next day, the paralegal visits the injured person in the hospital and gives her a copy of the brochure. Can the paralegal’s conduct result in discipline against the attorney?
Explanation
Answer: B - Yes, because the paralegal engaged in conduct prohibited to the attorney when the paralegal gave the brochure to the injured person. “A paralegal must not . . . take any actions that attorneys may not take.” NALA Code, Canon 1. The brochure (and, in some instances, even a simple business card) is considered advertising under the Model Rules. “A lawyer cannot use direct contact [including in-person contact] to solicit professional employment from those who have no prior relationship with the lawyer.” Model Rule 7.3. Some states have rules prohibiting all solicitation of an injured person for a period of time after the injury. Answer B is the best choice because the brochure will be considered advertising, and because the paralegal gave it to an injured person who may need legal services.
