Client Communication & Interviews Flashcards

A client contacts the paralegal directly after being advised by the attorney to sign a settlement agreement. The client wants the paralegal's opinion on whether to sign. The paralegal should:

Answer: Decline to give an opinion and encourage the client to discuss concerns directly with the attorney

A paralegal may not provide a legal opinion on whether a client should accept a settlement; that decision belongs to the client with attorney guidance.

Which of the following is an appropriate way for a paralegal to identify themselves when communicating with a client?

Answer: As a paralegal working under the supervision of the named attorney

Paralegals must clearly identify themselves as paralegals and disclose their supervising attorney to avoid the client mistaking them for an attorney.

A client who is also a friend of the paralegal requests that case communications be sent to a personal email rather than the firm's secure system. The paralegal should:

Answer: Explain the confidentiality risks and direct communications through approved secure firm channels

Personal relationships do not override confidentiality and data security obligations; all communications must follow firm protocols.

A client repeatedly cancels scheduled interviews. To manage the situation professionally, the paralegal should:

Answer: Document each cancellation, notify the supervising attorney, and send a written reminder of the importance of timely cooperation

Documenting cancellations and escalating to the attorney creates a record and enables the attorney to address client cooperation issues appropriately.

An attorney asks a paralegal to interview a witness who is represented by counsel in a related matter. The paralegal should:

Answer: Alert the attorney that the witness is represented and get specific authorization before any contact

Before contacting a represented person, the paralegal must confirm the supervising attorney is aware and has determined contact is permissible.

What does the term 'informed consent' mean in the context of client communication for a California paralegal?

Answer: The client has been given sufficient information to understand the implications of a decision and voluntarily agrees

Informed consent requires the client to receive enough information to understand the risks, benefits, and alternatives before agreeing to any course of action.

Which of the following is the LEAST appropriate method for a paralegal to use when summarizing a client interview?

Answer: A voice recording sent to the client for their personal records without attorney review

Sending recordings directly to clients without attorney review bypasses oversight and may disclose work-product or create unauthorized communications.