NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeMedium
A paralegal is conducting research for a motion to dismiss based on improper service of process. The paralegal finds a recent, highly relevant appellate court decision from a neighboring jurisdiction that directly supports the firm’s position, but the supervising attorney has not yet been admitted to practice in that specific jurisdiction. What is the most appropriate action for the paralegal to take?
- ACite the case in the motion to dismiss, emphasizing its persuasive authority.
- BDiscard the case as it is not binding precedent in the current jurisdiction.
- CSuggest the attorney seek pro hac vice admission to that jurisdiction to use the case.
- DInform the attorney about the case and explain its potential persuasive value.
Show answer & explanationAnswer & explanation
Correct answer: D. Inform the attorney about the case and explain its potential persuasive value.
Legal research involves identifying all relevant authority, whether binding or persuasive. The paralegal's role is to present this information to the attorney, who will then make the strategic decision on whether and how to use it. Discarding relevant information or making strategic decisions like seeking pro hac vice admission falls outside the paralegal's role.
Why the other options are wrong
- A. Citing the case without attorney direction is a strategic decision that a paralegal should not make.
- B. Discarding relevant information is unethical and can lead to incomplete legal arguments.
- C. Suggesting pro hac vice admission is a strategic, attorney-level decision, not a paralegal's role.
Legal Research Scope
Paralegals conduct thorough legal research to identify both binding and persuasive authority relevant to a case, presenting findings to the supervising attorney.
- Includes identifying binding and persuasive authority.
- Findings are presented to the attorney, not independently acted upon.
- Attorney makes strategic decisions regarding case use.
Memory trick: Research finds the facts, the attorney crafts the acts.