NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeMedium
A paralegal is preparing a summary of a deposition for the supervising attorney. During the review, the paralegal notices that a key witness made a statement that directly contradicts a prior sworn affidavit. The attorney has not yet reviewed the deposition transcript. What is the paralegal's most appropriate action?
- AEdit the deposition summary to omit the contradictory statement to avoid confusing the attorney.
- BHighlight the contradictory statement in the summary and bring it to the attorney's immediate attention.
- CProceed with the summary as if no contradiction exists, assuming the attorney will catch it later.
- DContact the witness to clarify the discrepancy before completing the summary.
Show answer & explanationAnswer & explanation
Correct answer: B. Highlight the contradictory statement in the summary and bring it to the attorney's immediate attention.
A paralegal's role includes identifying critical information and potential issues in legal documents and bringing them to the attorney's attention. Highlighting a contradiction in sworn testimony is crucial for the attorney's case strategy and fulfilling the paralegal's duty of diligence.
Why the other options are wrong
- A. Omitting critical information is unethical and hinders the attorney's ability to represent the client effectively.
- C. Failing to flag such a significant issue is a dereliction of duty and demonstrates lack of diligence.
- D. Contacting a witness directly to clarify testimony is unauthorized practice of law and outside a paralegal's scope.
Paralegal Diligence
The ethical obligation for paralegals to act with careful attention, thoroughness, and promptness in all professional tasks, ensuring that work is completed accurately and effectively under attorney supervision.
- Includes identifying and reporting critical information.
- Requires thoroughness in research and document review.
- Essential for supporting effective legal representation.
Memory trick: Alertness: See, Flag, Inform; don't hide, don't fix, don't ignore.