A paralegal is preparing a client file for archiving. The file contains a mix of original documents, attorney notes, and copies of correspondence. The firm's policy states that attorney work product and internal memoranda should be retained indefinitely. However, the paralegal notices that some of the attorney's handwritten notes contain highly personal and speculative comments about the client's credibility, which are not relevant to the case's legal strategy. What is the paralegal's most appropriate action regarding these specific notes?
- AArchive all notes as they are, as they fall under the 'attorney notes' category in the retention policy.
- BShred the highly personal and speculative notes, as they are not legally relevant.
- CRedact the personal and speculative comments before archiving the notes with the rest of the work product.
- DConsult the supervising attorney regarding the disposition of the specific notes.
Show answer & explanationAnswer & explanation
Correct answer: D. Consult the supervising attorney regarding the disposition of the specific notes.
While attorney notes are generally work product, highly personal and speculative comments about a client's credibility that are not relevant to legal strategy may present ethical issues if retained. A paralegal should not unilaterally decide to shred or redact such documents. The most appropriate action is to consult the supervising attorney for guidance on their disposition, as the attorney is ultimately responsible for the file's content and ethical considerations.
Why the other options are wrong
- A. Archiving notes that contain potentially unethical or irrelevant personal comments could create future issues if the file is ever reviewed by third parties.
- B. Unilaterally shredding attorney notes, even if problematic, can be a serious breach of protocol and potentially spoliation.
- C. Redacting documents without attorney approval is beyond a paralegal's authority and could alter the official record.
Disposition of Problematic Work Product
Paralegals must consult their supervising attorney regarding the disposition of attorney notes or other work product that contain highly personal, speculative, or potentially unethical content not relevant to legal strategy, rather than making unilateral decisions.
- Attorney notes are generally work product.
- Problematic content requires attorney review.
- Paralegal cannot unilaterally shred or redact.
- Attorney is responsible for final file content.
Memory trick: Problematic Papers Prompt Paralegals to Promptly Present to Principals.