A paralegal is compiling a billing statement for a client in a complex corporate litigation. The paralegal notices that the supervising attorney has billed 5.0 hours for 'reviewing case strategy' on a day when the attorney was known to be on approved personal leave. The paralegal has access to the attorney's calendar and confirms the leave. What is the paralegal's most appropriate ethical responsibility?
- AProceed with billing as entered by the attorney, as it is the attorney's responsibility.
- BDocument the discrepancy and report it to the firm's managing partner immediately.
- CInform the supervising attorney of the discrepancy before sending the invoice.
- DAdjust the billed hours to 0.0 for that day, assuming it was a clerical error.
Show answer & explanationAnswer & explanation
Correct answer: C. Inform the supervising attorney of the discrepancy before sending the invoice.
Billing for work not performed is unethical and can be fraudulent. The paralegal has an ethical obligation to ensure accurate billing. The most appropriate first step is to bring the discrepancy to the supervising attorney's attention, as it could be an oversight or error that can be corrected internally. Escalating immediately to a managing partner without first discussing it with the attorney would bypass a direct resolution.
Why the other options are wrong
- A. Billing for unperformed work is unethical; a paralegal cannot simply ignore such a discrepancy.
- B. While reporting is necessary if the issue isn't resolved, immediately going to the managing partner without first addressing it with the direct supervisor can be premature and damage professional relationships.
- D. Unilaterally changing billed hours without attorney approval could be seen as altering firm records without authority.
Ethical Billing Accuracy
Paralegals have a duty to ensure the accuracy and ethical compliance of billing statements. Discrepancies, especially those involving billing for unperformed work, must be addressed.
- Billing must accurately reflect work performed.
- Billing for unperformed work is unethical/fraudulent.
- Paralegals should raise billing concerns with supervising attorney first.
Memory trick: Billing errors, first check with the boss, then fix the horrors.