Practice Quiz

Paralegal

Category - Judgement

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John is a paralegal who works for Linda, an estate planning and probate attorney. One day, John gets a call from Sally, a client whom Linda is representing in will contest. Sally received a copy of a notice of deposition in the will contest. John has met Sally and knows that Sally is an intelligent and self-confident woman, but during the call, Sally explains that she has never been through a deposition and would like to know more about what to expect during the deposition. Of the options listed below, what is the John’s best approach to answering Sally’s question?
  1. Explain to Sally that he can assist with something like rescheduling the deposition and setting up a time to meet with Linda before the deposition, but that Linda as the attorney has a better understanding of deposition procedure.
  2. Explain that depositions proceed in a question-and-answer format, with each side allowed to ask questions. Linda can object to questions for the record, but generally Sally must still answer the question. A court reporter will take down everything that is said, and sometimes the deposition is videotaped.
  3. Explain that depositions proceed in a question-and-answer format, and that only the other side is allowed to ask questions. Linda cannot object to any questions, and Sally cannot refuse to answer. A court reporter will take down everything that is said, and sometimes the deposition is videotaped.
  4. Ask Sally if he can set up a meeting with her at the office, because the meeting will take longer than a telephone call and John can get more billable time.
Explanation
Answer: B - Explain that depositions proceed in a question-and-answer format, with each side allowed to ask questions. Linda can object to questions for the record, but generally Sally must still answer the question. A court reporter will take down everything that is said, and sometimes the deposition is videotaped. Answer B is the best choice because it both covers the main features of a deposition and is reasonably succinct. Answer A is not the best choice because John as a paralegal can be expected to understand the procedural aspects of a deposition. Answer C is not the best choice because it incorrectly states that only the opposing counsel can ask questions and that Linda cannot object. Answer D is not the best approach because the question can be easily answered over the telephone.
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