LGSCL_W3_DQ1&2

Paralegals can perform a multitude of tasks in the daily routines of the job. However there are some areas where the paralegal may not complete certain tasks because the task requires a lawyer. It is critical to know when these lines should not be crossed so that neither the paralegal nor the attorney violates the ethical rules of professional conduct or engages in unauthorized practice of law rules.

Based on your readings for the week, explain whether a paralegal can conduct a mock cross-examination of the client? Justify your answer with examples and reasoning.

Depositions are a discovery device, i.e., the collection of evidence by oral testimony out of court. Since the deposition is taken under oath and on the record, it is important that the client understand that truthful testimony must be given. The client should be aware of the need for and the tactics used in a deposition so that the client will not be surprised by any legal tactics used.

Let us look at the hypothetical situation involving Harper, given in Week 1: Final Project Overview.

The defendant has scheduled Harper’s deposition to be taken in attorney Donald Smith’s office in thirty days. Your supervising attorney has sent you a memorandum directing you to notify Harper about the deposition and to prepare him for it. Identify the questions that Harper should be prepared to answer.