Lesson 5 - Questions 1 2 3 4 and 5 page 361 1 Since the paralegal is the interviewer of the client they are not able to give legal advice and this

Lesson 5 - Questions 1 2 3 4 and 5 page 361 1 Since the...

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Questions 1, 2, 3, 4, and 5 - page 361 1: Since the paralegal is the interviewer of the client, they are not able to give legal advice and this includes the question of “do I have a case?” This would be an analysis that only an attorney can make. This may cause an ‘implied attorney-client relationship’ which should be avoided. With too much information given or obtained, this may cause potential problems. The paralegal should also be sure not to collect too little information since this may also cause the firm to lose the client’s case. Policies should be in place to avoid such situations. 2: The screening interview is the typical first contact with a client, usually a telephone call, where the client sets an appointment and asks about the firm’s ability in taking the case. If the paralegal solicits too much information, an implied attorney-client relationship may be created. The paralegal needs to decide how much information that needs to be taken and given. 3: If too much information is taken, the client may assume that he or she now has a lawyer. The courts have ruled on the side of the potential client holding that an implied attorney-client relationship exists.

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