Emma is a freelance paralegal who is doing some legal research for a client law firm in another state - the State of Pennada. This is making her research a little more complicated
As is often the case, there is no law in Pennada on the issue she is researching. There is, however, case law (a case directly on point) from her own state that also uses the ABA Model Rules as the basis for its state law.
The next step Emma should take in her research is:
A) compare the relevant Pennada professional conduct rule with the corresponding rule in her own state. If they are the same, then she may be able to use case she found.
B) only look for cases from her state because other state case law is irrelevant
C) compare the Pennada professional conduct rule with the ABA Model Rule. If Pennada has changed the rule, then it is invalid.
D) check for other cases, because the case she found is useless.
Question 2
Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to
A) cite the ABA Model Rule because the ABA Rules have more authority than the state rules. This is true because the ABA is a federal agency.
B) do not cite either. This is true because the rules of professional conduct are just rules, not law.
C) cite her state's rule. This is true because lawyers in Ava's state are bound by the laws of that state, not the models written by the ABA. She can still refer to the Comments if she needs them.
D) cite the ABA Model Rule because the ABA Rules have more authority than state rules. This is true because the ABA has been writing rules of professional conduct longer than any state.
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