NFPA Paralegal Core Competency Exam (PCCE)Paralegal PracticeMedium
A paralegal is conducting legal research for a complex appellate brief. The paralegal finds several relevant cases, including one that appears to be directly on point but was decided by a lower court in a different jurisdiction. The paralegal also finds an adverse, binding appellate decision from the firm's own jurisdiction that is not directly on point but addresses similar legal principles. What is the paralegal's most appropriate action?
- AOmit the adverse binding precedent from the research, as it weakens the client's position.
- BOnly present cases that support the client's position to the supervising attorney.
- CPrioritize the adverse binding precedent and present both cases to the supervising attorney, highlighting the potential challenges.
- DFocus on the directly relevant case from the different jurisdiction, as it is more persuasive.
Show answer & explanationAnswer & explanation
Correct answer: C. Prioritize the adverse binding precedent and present both cases to the supervising attorney, highlighting the potential challenges.
Paralegals have an ethical obligation to conduct thorough and objective legal research, which includes identifying and presenting adverse binding precedent to the supervising attorney. Omitting such information is unethical and can lead to serious professional consequences for the attorney and the firm.
Why the other options are wrong
- A. Omitting adverse binding precedent is unethical and constitutes a breach of professional conduct.
- B. Ethical research requires presenting all relevant authority, including adverse, to the supervising attorney.
- D. While persuasive, a non-binding case from another jurisdiction does not override adverse binding precedent.
Ethical Legal Research
The obligation to conduct thorough, objective, and unbiased legal research, including identifying and presenting both favorable and adverse binding legal authority to the supervising attorney.
- Must be thorough and objective.
- Includes identifying adverse binding precedent.
- All relevant authority must be presented to the attorney.
- Omitting adverse authority is unethical.
Memory trick: Relevant Research Requires Reporting Real Rulings, Regardless.