Multistate Professional Responsibility Exam Practice Question
Linda accepted representation in several new cases and turned all discovery work over to her paralegal, who was already overextended. She did not check the paralegal’s progress, believing that a seasoned assistant could manage without oversight. Opposing counsel pursued sanctions due to missed deadlines and incomplete discovery. Which statement best reflects Linda’s professional responsibilities?
Linda relies on the paralegal’s experience to handle discovery deadlines
Linda periodically monitors the assigned tasks and confirms that discovery requirements are fulfilled
There is no liability concern.
Linda responds to sanctions when they are requested
Attorneys are expected to oversee delegated tasks and verify that required steps are completed accurately. Relying on a qualified individual does not remove the duty to remain involved and guard against errors. Neglecting follow-up or reacting late can lead to potential sanctions. Suggestions that trust alone absolves oversight duties, or that responding after sanctions are sought is enough, do not satisfy the obligation to exercise diligence and care.
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What are the attorney's ethical duties when delegating tasks to a paralegal?
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What kind of sanctions can result from missed discovery deadlines?
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How does the Model Rules of Professional Conduct address supervision of nonlawyers?
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability
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