Essay on Litigation - Study Questions

979 Words Nov 5th, 2012 4 Pages
Chapter 1 Review Questions:

Question #3. Describe the functions of the members of the legal team.

The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting
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Question #8. What is the ethical obligation of the paralegal to the court?

The paralegal should avoid all conduct that undermines the integrity of the litigation process. They have an obligation not to mislead the court or opposing counsel.

Question #9. What is the ethical obligation of a litigation support staff member to the client? To the court? Of a litigation support person from outside firm or consultant?

The support staff owes the client confidentiality and fairness. They owe the court their honesty in not misleading the court with false statements or facts known to be false. The litigation support person owes their confidentiality and ethical conduct.

Question #10. Why is conflict of interest an issue for the legal team?

If the legal assistant or paralegal “floats” or works with different staff within a firm, this could cause a conflict of interest.

Question #11. What are the ethical issues for a law firm using outside computer or technology consultants?

The issues are with the data within those types of equipment. Client confidential information cannot be available to anyone outside the representing legal team. Using outside equipment creates a potential for data leak.

Question #12. Do the ethical rules of fairness prevent lawyers from aggressively advocating a client’s position?

So long as the attorney complies with the rules of the court and presents truthful facts and data to support the client’s
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