Paralegal

Category - Judgement

Sherwood Forest is a paralegal with the firm of Nottingham & Associates. Sherwood works for Robin de Hood, who specializes in wills, trusts, and estate planning. I.B. Sheriff is one of Robin’s longtime clients. On a Friday afternoon when Robin left early, Sheriff called Sherwood in a panic. Sheriff explained that his son, Sonny, had just turned 18 and was leaving that night for a summer of touring the continent on horseback. Sheriff was concerned that Sonny did not have a will and wanted to avoid intestacy if anything happened to Sonny during the summer. Sheriff then asked Sherwood to prepare a “simple will” for Sonny immediately, and stated that, if Sherwood did not do so, he would see that Sherwood is fired. Sherwood knew that Robin had always given him specific instructions when assigned to draft a will and that Robin believed there is no such thing as a “simple” will. From the answer choices listed below, what is Sherwood’s best response?
  1. Prepare the will and e-mail it to Sheriff immediately with instructions for signing, witness signatures, and notarization.
  2. Explain to Sheriff that last-minute will preparation is not a good idea because the testator should take time to consider the will’s provisions before signing.
  3. Offer to contact Robin on her cellular telephone and obtain instructions on how to proceed with preparing the will.
  4. Offer to give Robin’s cellular telephone number to Sheriff so he can discuss the will directly with Robin.
Explanation
Answer: C - Offer to contact Robin on her cellular telephone and obtain instructions on how to proceed with preparing the will. Answer C is the best choice because, based on Robin’s past practice, Sherwood cannot prepare the will without specific instructions from Robin. Answer A is not the best choice because Sherwood would not be following Robin’s past practice regarding will preparation. Answer B is not the best choice because it would likely aggravate Sheriff and make the situation worse. Answer D is not the best choice because nothing in the question suggests Sherwood is authorized to give out Robin’s cellular telephone number.
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