Question 1

Paralegal James is doing the final packing away of the files and creating an index for them as he puts the final touches on closing the latest probate case. It was an especially interesting case because the heir to whom the testator left 99% of his worldly possession died shortly after the testator. That resulted in allof Testator's worth being passed to Heir's son. Anyway, it was an interesting case. Now that the case is closed and Heir (the client) is dead, James is looking forward to writing an article about the case. As Heir was particularly flamboyant, James is thinking: Best Seller! As James' friend, you

Accepted Answer

As a paralegal, James would have access to confidential information about the case. Therefore, he must obtain permission from the client or the client's heirs before he can write an article about the case, even though the case is closed and the client is dead. It is important to maintain the confidentiality of client information even after the client has passed away.

Question 2

Paralegal Johnston is flying out of town to attend a deposition on the Big Container case. He's taking his laptop with him along with several CDs that contain the firm's files on the case. Which of the following is true?

Accepted Answer

Paralegal Johnston should not review the files on his laptop while on the plane if passengers near him can see the files. This could potentially violate client confidentiality and put the case at risk. It's better to be safe than sorry and wait until he's in a more private location to review the files.

Question 3

Lead File Clerk Fidora spends many hours in a large room filed with closed case files. She's very good at her job so she has hours of extra time on her hands when she must be in the file room, but has nothing to do. One day, while reading one of the criminal defense case files, Fidora got the idea that she could write one of those popular mystery-law novels. She begins her research in the case file and begins a preliminary draft of the novel. Fidora should

Accepted Answer

Fidora must get permission from the clients involved in the case file because, as a file clerk, she has access to confidential information. Even if she changes the names and locations of the action in her novel, it is possible that readers will be able to identify the real people and events. Therefore, Fidora must ensure that she has permission to use the information in the case file before proceeding with her novel.

Question 4

Paralegal Beverly was sitting with Client Morrie, reading through Morrie's interrogatory answers from last year in preparation for Morrie's upcoming deposition. After reading one particular interrogatory response, Morrie declared: "OMG, Beverly! I can't believe we wrote that answer! That's completely wrong!" and then, mumbling to himself, Morrie said, "or maybe that was the lie I decided would be better than telling the truth. Hmmm." When Beverly asks you what you make of that conversation with Morrie, you

Accepted Answer

Morrie's statement about potentially lying under oath is covered by attorney/client privilege and therefore Beverly cannot disclose it to anyone outside the office. However, because Morrie's statement raises the potential for perjury, Beverly should report this to a supervising attorney as it is a serious matter that needs to be addressed.

Question 5

Paralegal Samson has just completed the legal case of his life being part of the team that represented Mrs. Incredibly Rich in her divorce from Mr. Incredibly Rich. Now that the case is closed, Samson is looking forward to telling his wife all about it. Samson

Accepted Answer

Paralegals, like lawyers, are bound by a duty of confidentiality that extends beyond the closure of a case. This means they must keep client information confidential indefinitely, even after the case has ended.

Question 6

Polly Paralegal is retiring from her prestigious position with the Cochran Law Firm. During her time as a paralegal, Polly worked on some extraordinary cases including the defense of O.J. Simpson. Polly's thinking about writing a novel about her experience on that case. Before writing such a book, Polly should

Accepted Answer

Polly should get permission from the client because writing about her experiences could involve disclosing confidential information related to the case, which is protected by attorney-client privilege.

Question 7

Paralegal Mateo spent the day at the local law school doing research for the antitrust litigation his lawfirm just took on. His preliminary memorandum is

Accepted Answer

The preliminary memorandum is considered protected work product because it was created in anticipation of litigation and is intended to be used in the litigation. The fact that Mateo was at the law school doing research does not change the protection of the work product.

Question 8

During an interview with Client Xavier, Paralegal Joshua learns that Xavier played on the Olympic team for Spain in 1992 when that team won the silver. Joshua, an avid soccer fan, can't wait to call his dad to share this information. Joshua

Accepted Answer

The answer of During an interview with Client Xavier, Paralegal...

Question 9

Client Morrie confessed to Paralegal Beverly that he lied on an answer to interrogatories. Beverly reported the lie to her supervising attorney and wrote a memorandum to the file about it, as well. When Morrie later sues Beverly's law firm for malpractice, the firm

Accepted Answer

The information about Morrie lying on the interrogatories is not protected by attorney/client privilege since Beverly was not acting as Morrie's attorney when he made the confession. However, the information is still confidential and cannot be disclosed without a valid reason. In this case, the law firm can use the information only if it is relevant to the defense of the malpractice claim.

Question 10

While sitting in a conference room with Client Accused, Paralegal Sofia asks, "Why did you kill your wife?" Accused responds, "Don't tell anyone but I just couldn't take her nagging one more day." When Sofia is called to the witness stand by the prosecution in Accused case, she

Accepted Answer

The attorney/client privilege would cover this conversation between Accused and Paralegal Sofia, as it was said in the context of seeking legal advice or representation. Therefore, Sofia would not have to testify about the confession in court.

Question 11

While researching background information on a client, Paralegal Hudson discovers that the client was once investigated by the state Fair Political Practices Commission for improperly large contributions to Congressman X's political campaign committee. As Hudson's roommate is a big fan of Congressman X, Hudson texts his roommate: "U'l neva ges wht i fnd out bout Congr. X! "

Accepted Answer

Paralegal Hudson has not yet violated his duty of confidentiality to his client, but he will if he tells his roommate about what he found out during the background check. It is important to maintain confidentiality even if the information is of public record. Texting it to his roommate implies that he knows something confidential about the Congressman and can be seen as a breach of ethics.

Quiz 3: Confidentiality