A paralegal is performing legal research for a brief concerning a novel point of law. They encounter several articles and a dissenting opinion from a state supreme court case that strongly supports the client's position, but no binding precedent. The supervising attorney instructs the paralegal to present only the most favorable authorities. What is the paralegal's ethical obligation regarding the less favorable, but relevant, non-binding authority, such as the dissenting opinion?
- APresent the favorable non-binding authorities, but omit the less favorable dissenting opinion.
- BInclude the less favorable dissenting opinion in the research findings, noting its non-binding status, and explain its implications to the attorney.
- CExclude all non-binding authorities, as the attorney only requested favorable ones.
- DArgue directly to the attorney that the dissenting opinion should be included in the brief as if it were binding precedent.
Show answer & explanationAnswer & explanation
Correct answer: B. Include the less favorable dissenting opinion in the research findings, noting its non-binding status, and explain its implications to the attorney.
Paralegals have a duty of thoroughness and candor. While the attorney ultimately decides what to include in a brief, the paralegal must present a comprehensive and accurate overview of relevant research, including potentially adverse but non-binding authorities, to allow the attorney to make informed strategic decisions. Omitting relevant information, even if less favorable, is unethical.
Why the other options are wrong
- A. Omitting relevant, even if less favorable, information hinders the attorney's ability to fully understand the legal landscape.
- C. Excluding all non-binding authorities, especially favorable ones, is not thorough.
- D. Arguing for inclusion as binding precedent for a dissenting opinion is incorrect and misrepresents its legal weight.
Ethical Legal Research
The duty of paralegals to conduct thorough, accurate, and unbiased legal research, presenting all relevant findings to the supervising attorney, regardless of whether they support or contradict the client's position.
- Requires thoroughness and diligence.
- Must present both favorable and unfavorable relevant authorities.
- Aids the attorney in making informed strategic decisions.
Memory trick: Integrity: Search all, show all, let the attorney decide.