A paralegal is assisting with the preparation of a will for an elderly client. During a conversation, the client confides that they are feeling pressured by one of their adult children to disinherit another child, despite their own wishes. The client asks the paralegal not to mention this to the attorney, fearing further family conflict. What is the paralegal's ethical obligation in this situation?
- ASuggest the client resolve the family conflict before finalizing the will.
- BDraft the will according to the client's stated preferences, regardless of the revealed pressure.
- CMaintain the client's confidence and omit this information when reporting to the attorney.
- DAdvise the client that the attorney needs to know this information to properly represent their true wishes.
Show answer & explanationAnswer & explanation
Correct answer: D. Advise the client that the attorney needs to know this information to properly represent their true wishes.
While paralegals owe clients confidentiality, this duty is to the attorney-client relationship. Information relevant to client representation and potential undue influence must be shared with the supervising attorney to ensure the client's true wishes are honored and the will is legally sound. The paralegal should explain this necessity to the client.
Why the other options are wrong
- A. Suggesting the client resolve family conflict is offering legal advice and oversteps the paralegal's role.
- B. Drafting the will without informing the attorney about potential undue influence would be a dereliction of duty and could result in an invalid will or harm to the client.
- C. Withholding crucial information from the attorney, especially regarding potential undue influence, is unethical and detrimental to the client's legal representation.
Attorney-Client Privilege (Paralegal)
Protects confidential communications between an attorney and client, and extends to paralegals and other firm staff working under the attorney's supervision, but does not allow paralegals to withhold critical client information from the supervising attorney.
- Protects communications for legal advice.
- Extends to paralegals under supervision.
- Does not apply to information that must be disclosed to the attorney for proper representation.
Memory trick: Wishes: Protect the client's true intent, not just their whispered fears.