Practice Quiz

Paralegal

Category - Ethics

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A paralegal works for an attorney who practices civil litigation. Another member of the office staff delivers a fax to the paralegal that was sent by opposing counsel in a case being handled by the paralegal’s employer. The fax is addressed to opposing counsel’s expert witness, but the cover sheet lists the fax number for the law firm of the paralegal’s employer. Does the paralegal’s employer have any obligations?
  1. Yes, the paralegal’s employer must promptly destroy the fax communication.
  2. Yes, the paralegal’s employer must promptly notify to opposing counsel.
  3. No, the paralegal’s employer may read the fax communication and use it in the client’s litigation.
  4. No, but the paralegal’s employer may not read or use it in the client’s litigation.
Explanation
Answer: B - Yes, the paralegal’s employer must promptly notify opposing counsel. “A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender.” Model Rule 4.4(b). Answer B is the best choice because Model Rule 4.4(b) requires that the paralegal’s employer notify the sender. Answer A is not the best choice because Model Rule 4.4(b) does not require automatic destruction. Answers C and D are not correct choices because neither recognizes the obligation to inform the sender and would not respect the rights of opposing counsel’s client.
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