Practice Quiz

Paralegal

Category - Judgement

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Corrigan Law Group (CLG) is a mid-size law firm practicing in commercial law and litigation. CLG represents Biltmore Medical Products Co. (BMP), and Bill Samuelson is the president of BMP. Bill calls Paula, a paralegal at CLG, because he wants to see if Paula’s boss, Andre, can meet with him to discuss whether Andre can represent Bill. Bill says he received a letter from the U.S. Department of Justice stating that he is being investigated for insider trading involving the purchase of shares in BMP. From the options listed below, what is Paula’s best response?
  1. Set the appointment for Bill to meet with Andre, even if Paula believes that Andre will not be interested in representing Bill.
  2. Advise Bill that Andre and CLG cannot represent Bill personally on the insider trading matter because Bill’s interests will, most likely, conflict with the interests of BMP.
  3. Advise Bill that CLG practices in commercial law and litigation and cannot represent Bill in the insider trading matter because it is a criminal investigation.
  4. Set an appointment for Bill to meet with another attorney in CLG.
Explanation
Answer: B - Advise Bill that Andre and CLG cannot represent Bill personally on the insider trading matter because Bill’s interests will, most likely, conflict with the interests of BMP. Answer B is the best choice because Andre and CLG represent BMP and have an ethical obligation to BMP. Since Bill’s alleged insider trading may have affected BMP’s interests and share price, Bill’s interests could conflict with BMP’s interests. Answer A is not the best response because of the potential conflict of interest and because Andre would have to advise Bill to find other counsel. Answer C is not the best response because it does not address the conflict issue that prevents CLG from taking the case (CLG could set a policy never to take a criminal matter, but such a policy would not preclude CLG from taking criminal case in the way that the conflict precludes CLG). Answer D is not the best response because all attorneys in the firm are prevented from taking Bill’s case.
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