The ideal response to - what should a paralegal do if he or she discovers adverse controlling authority in the course of research?

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In the event that a diligent paralegal unearths contrasting authoritative guidance whilst conducting research, it is of utmost import to promptly apprise the supervising attorney. The dissemination of any adverse or disadvantageous legal precedents is indispensable in order to ascertain the veracity and acumen of legal arguments and strategies.

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If a paralegal discovers adverse controlling authority in the course of research, it is essential to handle the situation appropriately and promptly. Here is a more detailed answer:

Discovering contradictory legal precedents or adverse controlling authority during legal research can have significant implications on the outcome of a case. When such divergent authority is identified, it is crucial for a diligent paralegal to inform their supervising attorney immediately. The paralegal’s role in acknowledging and communicating this information is vital to ensure that any legal arguments and strategies are based on accurate and reliable precedents.

The dissemination of adverse or disadvantageous legal precedents is indispensable as it enables the supervising attorney to evaluate the veracity and acumen of the legal arguments and strategies proposed. This aids in determining the potential risks and challenges in pursuing a particular legal course of action.

Adhering to the duty of candor and loyalty, the paralegal must communicate the identified conflicting authority accurately, highlighting its potential impact on the case. This fosters open dialogue between the paralegal and supervising attorney, facilitating an informed decision-making process.

In situations where the adverse controlling authority directly contradicts the client’s desired outcome, the paralegal’s responsibility extends further. They should assist the attorney in exploring alternative legal arguments, precedents, or strategies that might better align with the client’s interests while still maintaining the ethical obligations of the legal profession.

As the legal landscape is dynamic and constantly evolving, lawyers and paralegals must remain diligent in their research efforts to uncover and assess the validity of any contrasting or adverse authority. Diligent research helps legal professionals present stronger arguments and make well-informed decisions, ultimately benefiting their clients.

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To provide a broader perspective on the importance of acknowledging and addressing adverse controlling authority, here is a quote from Abraham Lincoln: “He has a right to criticize who has a heart to help.”

Interesting facts about legal research:

Legal research involves careful examination and analysis of legal authorities such as statutes, regulations, case law, and legal treatises to form the foundation for legal arguments.
The research process often includes searching through various legal databases, libraries, and online resources to access relevant legal materials.
Legal research is not limited to just finding the law but also involves interpreting and applying the law to specific cases or situations.
Technology has greatly transformed legal research, with the advent of online databases and digital resources improving efficiency and accessibility.
Effective legal research skills are crucial for both paralegals and attorneys, as they contribute to crafting persuasive legal arguments, ensuring accurate advice, and aiding in decision-making during litigation.

Table: Comparison of Adverse Controlling Authority

Authority	Issue(s)	Implications
Case 1	Contrary to	Weakens legal argument
	desired outcome	and strategy
Case 2	Supports	Strengthens opposing party’s
	opposing party	position
Case 3	Not directly	Requires careful analysis
	applicable	and distinction
Case 4	Overruled	Renders previous precedents
	or outdated	ineffective
Case 5	Recently	May provide new perspectives
	decided	or interpretations

Note: The table above illustrates how different cases with adverse controlling authority can have varying implications on legal arguments and strategies, emphasizing the importance of promptly addressing contradictory precedents.

By providing a detailed explanation, a relevant quote, and interesting facts, this response offers a comprehensive understanding of how a paralegal should respond when adverse controlling authority is discovered during research.

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What should a paralegal do if he/she discovers adverse controlling in the course of research? They must report it to the supervising lawyer so it can be properly addressed in documents filed with a court.

They must report it to the supervising lawyer so it can be p

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What ethical rules must be followed by paralegals What are the goals of the ethical rules?

The answer is: Canon 1 – A paralegal must not: (a) engage in, encourage, or contribute to any act which could constitute the unauthorized practice of law; (b) establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client before a court or agency unless so authorized by that court or agency;

What are three ways a paralegal can avoid problems with the unauthorized practice of law?

How Paralegals Can Avoid UPL

Offering Legal Advice. The definition of legal advice as a concept tends to be vague and ambiguous.
Representing a Client. Paralegals cannot appear in court on behalf of a client.
Negotiating Client Fees.

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What are four things that a paralegal Cannot do?

As a response to this: Paralegals must avoid the unauthorized practice of law. Generally, paralegals may not represent clients in court, take depositions, or sign pleadings. Some federal and state administrative agencies, however, do permit nonlawyer practice. See, for example, Social Security Administration.

What consequences might a paralegal face if he or she engages in the unauthorized practice of law?

In reply to that: If convicted of a misdemeanor under Business and Professions Code 6126, you could face fines up to $1000 and up to one year in county jail. These penalties can often be reduced to summary probation. However, for subsequent violations of this law, you may have to spend a mandatory minimum of 90 days in jail.

Should lawyers cite adverse authority?

In reply to that: Candor Toward the Tribunal: The Duty to Cite Adverse Authority It is easy to misconstrue Model Rule 3.3(a)(2). By Alan D. Strasser Share: The recent surge of interest in lawyers’ ethics suggests that we should review the ethics rule requiring lawyers to cite adverse authority, Model Rule 3.3(a)(2).

What are the responsibilities of a paralegal?

Answer will be: 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. Canon 10 – A paralegal’s conduct is guided by bar associations’ codes of professional responsibility and rules of professional conduct.

Does an advocate have a duty to disclose adverse authority?

Furthermore, as stated in paragraph (a) (2), an advocate has a duty to disclose directly adverse authority in the controlling jurisdiction that has not been disclosed by the opposing party. The underlying concept is that legal argument is a discussion seeking to determine the legal premises properly applicable to the case.

What happens if a lawyer violates the rules of Professional Conduct?

Answer will be: (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Should lawyers cite adverse authority?

The reply will be: Candor Toward the Tribunal: The Duty to Cite Adverse Authority It is easy to misconstrue Model Rule 3.3(a)(2). By Alan D. Strasser Share: The recent surge of interest in lawyers’ ethics suggests that we should review the ethics rule requiring lawyers to cite adverse authority, Model Rule 3.3(a)(2).

Does an advocate have a duty to disclose adverse authority?

Answer: Furthermore, as stated in paragraph (a) (2), an advocate has a duty to disclose directly adverse authority in the controlling jurisdiction that has not been disclosed by the opposing party. The underlying concept is that legal argument is a discussion seeking to determine the legal premises properly applicable to the case.

What are the responsibilities of a paralegal?

Response will be: 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. Canon 10 – A paralegal’s conduct is guided by bar associations’ codes of professional responsibility and rules of professional conduct.

What happens if a paralegal violates the Code of ethics?

Answer will be: Violations of the Code may result in cancellation of membership. First adopted by the NALA membership in May of 1975, the Code of Ethics and Professional Responsibility is the foundation of ethical practices of paralegals in the legal community.

The ideal response to – what should a paralegal do if he or she discovers adverse controlling authority in the course of research?

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