A certified paralegal works for a mid-size law firm in a moderate-size metro area. Every year, the firm holds an open-house event for current and prospective clients, and the firm's paralegals are expected to participate. As she was assisting the firm administrator with preparations just before the event, the paralegal was placing copies of the "firm resume" on a table for guests and began looking over the biographies of some of the firm's attorneys. Each attorney and associate drafted his or her own biography. The paralegal notices that one associate's biography stated that he had won a small, but prestigious moot court competition while in law school. The paralegal, who was interested in attending law school, later found a listing of all past winners of the same moot court competition, but the associate's name was not on the list. Is the associate subject to disciplinary action?
A) Yes, because the firm resume is advertising and the false information is material since it could give clients or potential clients a false or misleading impression.
B) Yes, because attorneys occupy positions of trust and confidence and an attorney breaches a fiduciary duty if he or she presents false information about his or her qualifications.
C) No, because another lawyer in the firm could have changed or revised the associate's biography before the firm resume was finalized.
D) No, because the firm resume is advertising and puffery is expected.
Correct Answer:
Verified
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