Paralegal

Category - Judgement

Peter is a paralegal at a three-attorney law firm that provides legal services to small- and mid-size businesses. Peter works for Hillary Talbot, who assists small- and mid-size businesses with corporate transactions. One of Hillary’s clients is C.L. Ballard, Inc. One day, Peter takes a call from Sally, who is the executive assistant to John Peterson, the president of C.L. Ballard, Inc. Sally asks Peter to e-mail copies of the purchase agreement for the small distribution company that C.L. Ballard, Inc. purchased last year. Peter remembers working on the purchase agreement and knows Sally from previous matters. Hillary, however, has told Peter never to send anything to C.L. Ballard, Inc. without discussing it with Hillary first. Can Peter send an electronic copy of the document without getting Hillary’s permission?
  1. Yes, because Sally works for the president of C.L. Ballard, Inc.
  2. Yes, because the client’s file belongs to the client.
  3. No, because all matters pertaining to a client are confidential.
  4. No, because Hillary has told Peter never to send anything without discussing it first.
Explanation
Answer: D - Peter cannot send the electronic copy of the document because Hillary has told Peter never to send anything without discussing it first. Here, Hillary has limited Peter’s authority to act by telling him not to send anything to C.L. Ballard, Inc. without discussing it with her. The rule stated is Answer B is correct, and C.L. Ballard, Inc. has a right to the electronic copy, but Peter must also follow Hillary’s instructions. Hillary may have other (quite legitimate) reasons for staying informed about requests from her client.
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