Paralegal PCCE CORE Test Prep

Category - Paralegal PCCE Exam Prep

Millie is a paralegal who works for John, a family law attorney. One day, Millie gets a frantic call from Sally, one of John’s clients. Sally says that John’s secretary sent a copy of a notice of deposition by e-mail. Sally is a bit upset because she does not know what a deposition is and is afraid she will have to attend the deposition alone. Of the options listed below, what is the Millie’s best approach to answering Sally’s question?
  1. Explain that a deposition is an important proceeding that takes place before trial and that the judge can sanction Sally if she does attend or cooperate with the other attorney.
  2. Explain that a deposition is not unusual and that John will be attending the deposition with her. Then explain that a deposition is how lawyers take a party’s or witness’s testimony under oath, so they know how the person will testify at trial.
  3. Explain that Sally should speak with John and that John will need to know that the deposition has been scheduled, so he can speak with her after the deposition. Then explain that a deposition is how lawyers take a party’s or witness’s testimony under oath, so they know how the person will testify at trial.
  4. Explain that Sally should speak with John because depositions are highly unusual and rarely used by attorneys and that John may want to file a motion for a protective order.
Explanation
Answer: B - Explain that a deposition is not unusual and that John will be attending the deposition with her. Then explain that a deposition is how lawyers take a party’s or witness’s testimony under oath, so they know how the person will testify at trial. Of the options listed, Answer B is the best approach because it first attempts to calm Sally by letting her know that she will not be attending alone, and then briefly explains the purpose of depositions. Answer A is not the best approach because it will increase Sally’s concern by calling the deposition “an important proceeding” before trial and by stating Sally could be sanctioned. Answer C is not the best approach because it incorrectly suggests that Sally must attend the deposition alone. Answer D is not the best approach because it incorrectly states that depositions are highly unusual and rarely used.
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