Brenda is a paralegal working at a small law firm with four attorneys. Bayside Printers, Inc. is one of the firm’s clients, and the firm also acts as statutory agent for Bayside Printers. In an unfair competition case, Florida Printing Supply Co. sued Southeast Printworks, Inc. During the case Florida Printing served a subpoena on the law firm as statutory agent for Bayside Printers. Florida Printing’s subpoena sought copies of Bayside’s purchase orders sent to Southeast Printworks. Following office procedure, Brenda sent the subpoena and all documents served with the subpoena to the chief operating officer of Bayside. The next day, Brenda received a call from Bayside’s office manager, who was in a panic and stated that she did not know Bayside had been sued and that the chief operating officer did not want to cooperate because he detests Florida Printing. Of the options listed below, what is the Brenda’s best approach to responding to the office manager?
Explanation
Answer: C - First, explain that Bayside Printing has been served with a subpoena and has not been sued. Second, explain that a subpoena is a type of court order, and that Bayside is obligated to respond as requested. Finally, if necessary, explain that Bayside has the right to object, but cannot do so without good reason. This question requires the test-taker to read each answer carefully and eliminate the answers with incorrect information. Answer A is not correct because Florida Printing has not sued Bayside. Answer B is not correct because a subpoena is not a type of complaint and does not require an answer to a complaint. Answer D is not correct because, if necessary, Bayside can object.
