Answer to Question 1
TRUE
Answer to Question 2
2, 4, 5, 7, and 8 of the NFPA's Model Code of Ethics and Professional Responsibility.
(Instructors may want to provide students with the text of the Model Code, although this is
not a requirement. The following are responses to the situations posed in the exercise box
beginning on page 200 of the text.)
Situation 1: Per Canon 1, the paralegal should gain training in ADR and how it is used and
supported.
Situation 2: Per Canon 2, EC-2.1, the paralegal should not engage in any ex parte
communication designed to influence the outcome of a case. Here the
paralegal should inform the attorney of the mistake and the names of the
recommended mediators so that the attorney can determine an appropriate
response if the court recommends them.
Situation 3: Per Canon 4, the paralegal should not participate in any activities designed to
avoid a court order to use ADR and, if asked to do so, should at least voice his
or her objections. If asked to participate, the paralegal should resign.
Situation 4: Per Canon 4, if the paralegal is already trained as a neutral, he or she should
volunteer, and if not trained should consider obtaining the skills and then
volunteering.
Situation 5: Per Canon 4, the paralegal should support the effort by recommending open
cases that could benefit from settlement week, and also by asking the
employer to permit the paralegal to volunteer his or her services to the
settlement week coordinators.
Situation 6: Per Canon 5, the paralegal should preserve all confidential information about
the client. Here, the paralegal should inform the attorney involved with the
case of the remarks made to the other side so that the attorney can assess and
mitigate any damage.
Situation 7: Per Canon 8, the paralegal should inform the attorney in charge of the case
about the conflict so that it can be revealed to the client and to the other
side.