Practice Quiz

Paralegal

Category - Ethics

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If a lawyer’s paralegal discovers a document produced by the client, and the document is likely to completely destroy the client’s case, will a violation of the Model Rule on fairness to opposing party and counsel occur if the lawyer instructs the paralegal to destroy the document?
  1. Yes, because the lawyer would have personal knowledge of the document’s destruction.
  2. Yes, because the lawyer cannot counsel or assist another person in destroying evidence.
  3. No, because the paralegal would be following the instructions of an employer.
  4. No, because the Model Rules apply only to lawyers.
Explanation
Answer: B - Yes, because the lawyer cannot counsel or assist another person in destroying evidence. “A lawyer shall not . . . unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person do to any such act.” Model Rule 3.4(a). Answer B is correct because it accurately reflects the language of the Model Rule.
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