A paralegal is asked to draft a response to interrogatories in a civil litigation matter. The paralegal reviews the client's file and draft answers provided by the client. Some of the client's draft answers are vague or omit crucial details. What is the paralegal's most appropriate action?
- ARevise the client's answers to be more precise and comprehensive, then submit them to the attorney.
- BDiscuss the vague or incomplete answers with the supervising attorney to determine how to proceed.
- CDraft the responses based on the client's provided answers, ensuring not to add any new information.
- DContact the client directly to ask for clarification and more detailed information.
Show answer & explanationAnswer & explanation
Correct answer: B. Discuss the vague or incomplete answers with the supervising attorney to determine how to proceed.
Paralegals cannot independently alter client responses to discovery or directly solicit more detailed information without attorney instruction, as this could constitute the unauthorized practice of law or interfere with the attorney's strategy. The paralegal must consult the supervising attorney to address deficiencies in the client's answers.
Why the other options are wrong
- A. Revising answers without attorney input could be considered UPL and is inappropriate.
- C. Submitting inadequate answers could harm the client's case and is a disservice.
- D. Directly contacting the client for clarification on substantive legal matters without attorney instruction can be UPL.
Paralegal Role in Discovery Responses
Paralegals assist in drafting discovery responses but must not independently alter client answers or directly advise clients on how to answer. Any issues with client responses must be brought to the supervising attorney's attention.
- Draft under attorney supervision.
- Do not independently change client's answers.
- Do not provide legal advice to clients on answers.
- Report issues with client responses to attorney.
Memory trick: Vague Answers Validate Vertically Venting to the Attorney.