NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationMedium
A paralegal is preparing a draft email to opposing counsel regarding a discovery dispute. The paralegal needs to convey a firm but professional stance while proposing a resolution. Which of the following approaches best demonstrates professional communication in this context?
- AStating the client's position clearly, citing relevant rules of procedure, and offering a specific, reasonable compromise.
- BSending a very brief email with only the client's demands and a deadline for response.
- CUsing an aggressive tone and implying potential sanctions if the dispute is not resolved quickly.
- DCopying the judge on the email to exert pressure on opposing counsel.
Show answer & explanationAnswer & explanation
Correct answer: A. Stating the client's position clearly, citing relevant rules of procedure, and offering a specific, reasonable compromise.
Professional communication with opposing counsel requires a clear statement of position, legal basis, and a willingness to find a reasonable solution. This fosters productive dialogue and professionalism.
Why the other options are wrong
- B. A brief email with only demands is uncollaborative and may be perceived as unhelpful.
- C. An aggressive tone and threats are unprofessional and can escalate disputes.
- D. Copying the judge is generally inappropriate unless a formal motion or court order permits or requires it, and can be seen as an attempt to improperly influence.
Professional Communication with Opposing Counsel
The practice of interacting with legal adversaries in a respectful, clear, and ethical manner, focusing on resolution and adherence to professional conduct standards.
- Maintain civility and respect.
- Clearly state positions and legal bases.
- Seek reasonable compromise and resolution.
Memory trick: Be C-A-R-E-ful: Clear, Accurate, Respectful, Ethical.