NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeEasy
A paralegal is compiling a list of potential expert witnesses for a medical malpractice case. The paralegal discovers that one of the highly recommended expert doctors previously treated the paralegal's own family member for a similar condition. The paralegal has no direct financial interest in the current case, nor is the family member involved. What is the paralegal's most appropriate initial action?
- AContact the doctor directly to ascertain if they believe a conflict exists.
- BProceed with including the doctor on the list, as there is no direct conflict of interest.
- CInform the supervising attorney of the prior relationship and allow the attorney to assess the potential for perceived conflict.
- DExclude the doctor from the list to avoid any appearance of impropriety.
Show answer & explanationAnswer & explanation
Correct answer: C. Inform the supervising attorney of the prior relationship and allow the attorney to assess the potential for perceived conflict.
Even if no direct conflict exists, a paralegal should always disclose any potential or perceived conflict of interest to the supervising attorney. This allows the attorney to make an informed decision regarding the expert's suitability and to maintain ethical standards.
Why the other options are wrong
- A. Contacting the expert directly about a potential conflict before consulting the attorney is inappropriate and could be considered UPL.
- B. Failing to disclose could lead to an appearance of impropriety, even if no actual conflict exists.
- D. Excluding a potentially valuable expert without attorney consultation might not be in the client's best interest.
Perceived Conflict of Interest (Paralegal)
A situation where a paralegal's personal relationships or interests, though not directly conflicting, could create an appearance of bias or impropriety. Disclosure to the supervising attorney is paramount.
- Not necessarily a direct conflict, but an appearance of one.
- Requires disclosure to the supervising attorney.
- Attorney makes final determination on action.
Memory trick: Perceived Conflicts, Paralegals Must Prudently Present to Principals.