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 The paralegal finds a crucial dissenting opinion from a state supreme court case that, while not binding precedent, articulates a compelling legal argument that aligns perfectly with the firm's appellate strategy. What is the most appropriate way for the paralegal to present this finding to the supervising attorney?
- AOnly include the majority opinion in the research report, as dissenting opinions are not binding.
- BDraft a memo summarizing the dissenting opinion's key points and explain its persuasive value.
- CCall the attorney immediately to excitedly explain the dissenting opinion's arguments verbally.
- DSuggest that the firm try to get the case overturned based on the dissenting opinion.
Show answer & explanationAnswer & explanation
Correct answer: B. Draft a memo summarizing the dissenting opinion's key points and explain its persuasive value.
Effective legal research includes identifying both binding and persuasive authority. Dissenting opinions, while not binding, can offer powerful persuasive arguments. A paralegal's role is to present such findings clearly and concisely, highlighting their potential value, typically through a written memorandum, allowing the attorney to strategically evaluate its use.
Why the other options are wrong
- A. Excluding relevant persuasive authority would be incomplete and potentially detrimental to the client's case.
- C. While enthusiasm is good, a verbal explanation might lack the detail and organization needed for complex legal arguments; a written summary is more professional.
- D. Suggesting strategic actions like overturning a case is outside the paralegal's role and constitutes legal advice/strategy.
Persuasive Authority
Legal authority (e.g., dissenting opinions, cases from other jurisdictions) that is not binding on a court but may influence the court's decision due to its logical force or reasoning.
- Not binding, but can be influential.
- Paralegals should identify and summarize for attorneys.
- Attorneys decide on strategic use.
Memory trick: Dissenting views, a memo for the attorney, then clues.