Elaine is a paralegal who works for the county prosecutor's office. Elaine works with Peter, who is prosecuting a high-profile case involving a defendant charged with a series of jewelry-store burglaries. One day at the office, Peter stated that he thinks he can present a strong case against the defendant if the defendant's prior convictions in another state can be admitted. Several weeks later, and approximately twelve days before jury selection is set to begin, Elaine is at lunch and runs into a reporter who is also an acquaintance. The reporter asks about the case against the defendant, and Elaine responds by saying the prosecutor has a strong case because of the defendant's prior history. Has Elaine engaged in conduct that is contrary to an ethical rule?

Question

Quizplus · Accepted Answer

Yes, because the reporter may publish the statement and the statement could prejudice the defendant's trial. A lawyer participating in a litigated matter may not make a public statement that "the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding." Model Rule 3.6(a). "A paralegal must not . . . take any actions that attorneys may not take." NALA Code, Canon 1. Answer A is the best choice because making the statement to the reporter would be contrary to Model Rule 3.6(a) and would violate Canon 1 of the NALA Code. Answer B is not the best choice because Model Rule 3.6(b) permits certain statements to be made by lawyers in a litigated case. Answer D is not the best choice because, although prior convictions are public, Rule 3.6(a) is designed to protect against prejudicing the trial process.

Elaine Is a Paralegal Who Works for the County Prosecutor's