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Paralegal Exam Prep

Category - Paralegal Test Review

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Bill works for the law firm of Matheson & Gilbert, which mainly focuses on commercial transactions and litigation. Bill, who was hired only one month earlier, has been assigned to work on the Miller lawsuit. Sandra Jackson, a junior partner in the firm, is the primary attorney on the Miller case, but Bill is aware that George Wilson at the Lewiston firm is co-counsel on the case. Bill gets a telephone call from Jill, who states she is a paralegal at the Lewiston firm. Jill then says that George Wilson would like a copy of the most recent draft of a motion that Sandra is working on in the Miller case and asks that Bill fax or e-mail a copy. Bill does not know Jill and has never communicated with anyone at the Lewiston firm. Can Bill fax or e-mail a copy of the draft without Sandra's permission?

  1. Yes, because Bill knows George Wilson is co-counsel on the case, but as a recently hired employee, Bill could also politely check with Sandra.
  2. No, because all matters pertaining to a client's case are confidential and cannot be shared with anyone outside the office, except for filings with the court.
  3. Yes, but only if he first contacts George Wilson and confirms that Jill is an employee of the Lewiston firm.
  4. No, because Jill must ask Sandra for the copy to be faxed or e-mailed.
Explanation

Answer: A - Yes, because Bill knows George Wilson is co-counsel on the case, but as a recently hired employee, could also politely check with Sandra. Bill can fax or e-mail the draft without Sandra's permission because Bill knows George Wilson is co-counsel on the case. Generally, all information regarding a case can be shared between co-counsel working on the same case. As a new employee, however, Bill may not be familiar with Wilson's role in the case, so Bill could choose to check with Sandra.

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