Legal Writing – Reply Post

In the Reply post comment on the student’s discussion of the reasons for having such an ethical rule, and why the ethical rule should apply to paralegals.

According to the Minnesota State Law Library, “A typical citation for a Minnesota Supreme Court case in the North Western Reporter 2d Series might look something like this: A.B. v. C.D., 123 N.W.2d 456 (Minn. 20**).” (Minnesota State Law Library. n,d).

Minnesota Rules of Prof’l Conduct R. 3.3 (2013).

Candor Toward The Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal, or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. (Minnesota Rules of Prof’l. Conduct R. 3.3, 2013).

This ethical rule is in place to assist with keeping lawyers honest and doing their job within the model rules.The ethical rule should apply to paralegals so he or she refrains from tampering with evidence. The rule should help the paralegal stay trustworthy and honest with the attorney. If they paralegal suspects something is astray with the supervising attorney, he or she should report their concerns. When researching, this rule helps the paralegal find current, relevant case law. It helps them from plagiarizing , from forging documents or sharing information with the other side of the case.

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