NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeMedium
A paralegal is conducting legal research for an appeal. The paralegal finds a crucial dissenting opinion from a state supreme court case that strongly supports the firm's argument, despite the majority opinion going the other way. The paralegal believes this dissenting opinion could be highly persuasive. What is the paralegal's ethical obligation regarding this finding?
- AOnly present the majority opinion, as it is binding precedent.
- BFocus solely on the dissenting opinion without mentioning the majority, to strengthen the argument.
- CSummarize both the majority and dissenting opinions for the supervising attorney.
- DSeek out other cases with dissenting opinions to bolster the argument, ignoring other relevant cases.
Show answer & explanationAnswer & explanation
Correct answer: C. Summarize both the majority and dissenting opinions for the supervising attorney.
Paralegals have a duty of competence and diligence, which includes conducting thorough and balanced research. Ethically, they must present all relevant findings, including both favorable and unfavorable precedents (like majority and dissenting opinions), to the supervising attorney for a comprehensive legal strategy.
Why the other options are wrong
- A. Omitting relevant information, even if adverse, is a breach of thoroughness and diligence.
- B. Misrepresenting research by omitting unfavorable aspects is unethical and unprofessional.
- D. Ignoring other relevant cases for a biased search is a failure of diligence and competence.
Ethical Legal Research
The paralegal's duty to conduct thorough, objective, and unbiased legal research, presenting all relevant findings to the supervising attorney, regardless of whether they support or contradict the firm's position.
- Must be thorough and comprehensive.
- Present both favorable and unfavorable findings.
- Avoid biased research or omission of relevant information.
Memory trick: BALANCE and TRUTH in research lead to an attorney's best strategy.