JJ
Answered
What should a paralegal do if a juror asks him or her a question about the trial? Which rules of ethics address this situation?
On Jun 15, 2024
Even if the paralegal knows the answer to the question and thinks it would enhance the client's chances of winning the case if the juror understood the facts better, the paralegal should not answer the question. The paralegal should remind the juror that jurors are not permitted to discuss a case they are hearing with anyone. The paralegal should also inform the juror that, as a paralegal, he or she has an ethical duty to abide by the professional rules of conduct governing the legal profession. One of these rules prohibits ex parte (private) communications with jurors about a case being tried. A paralegal must inform the attorney that he or she is in trial if this occurs.
These actions are consistent with NFPA's Model Code of Ethics and Professional Responsibility, Section EC-1.2(a): "A paralegal shall not engage in any ex parte communications involving the courts or any other adjudicatory body in an attempt to exert undue influence or to obtain advantage or the benefit of only one party," and Section EC-1.5(f): "A paralegal shall not engage in any indiscreet communications concerning clients." They are also consistent with the NALA Code of Ethics, Canon 9: "A paralegal must do all other things incidental, necessary, or expedient for the attainment of the ethics and responsibilities as defined by statute or rule of court."
JJ
Answered
Describe guidelines for summarizing a client interview.
On May 02, 2024
The interviewing process does not end with the close of the interview. A final and crucial step in the process involves summarizing the results of the interview for the legal team working on the case. As a paralegal, you are likely to create an intake memorandum following each initial client interview.
If the firm has a prepared intake form for particular types of cases, the completed form might constitute the interview summary. Information obtained during any subsequent interviews with a client should be analyzed and summarized in a memo for your supervising attorney or other team members to review and for later inclusion in the client's file.
Your interview summary should be created immediately after the interview, while the session is still fresh in your mind. When summarizing the results of a client interview, carefully review your notes and, if the session was recorded, review the file. Never rely totally on your memory of the statements made during the interview. It is easy to forget the client's specific words, and it may be important later to know exactly how the client phrased a certain comment or response. Relying on memory is also risky because, as mentioned earlier, sometimes a statement that seemed irrelevant
at the time of the interview may turn out to be very important to the case. Make sure that the facts
are accurately recorded and are as reliable as possible. Also note your impressions of the client and the client's nonverbal behaviors.
Depending on the nature of the legal claim being made by the client, you may want to include a visual element or two in your summary. For example, if the claim concerns an automobile accident, you might consider creating a graphic depiction of the accident to attach to the summary.