A paralegal is assisting an attorney with the litigation of a personal injury case. The attorney represents the defendant. Previously, the plaintiff filed a motion for summary judgment on the issue of liability, and the attorney filed a response. After the plaintiff filed her reply, but before the hearing date, the paralegal finds a case (binding in this jurisdiction) that directly supports the plaintiff's motion and is directly adverse to the defendant's position. The paralegal reviews the motion, the response, and the reply, but does not find the case cited anywhere. The paralegal knows that the attorney always wants to know about applicable case law, even if contrary to a client's position. The paralegal then gives a copy of the case to the attorney and discusses it with him. Does the attorney have any obligations in this situation?
A) Yes, because an attorney owes a duty to the court to disclose controlling case law that is adverse to the client's position and not disclosed by the opposing side.
B) Yes, but it is limited to advising the opposing counsel of the controlling case law.
C) No, because judges have an obligation to thoroughly research the issues presented in a case and have law clerks to assist them with the research process.
D) No, because the opposing counsel was obligated to thoroughly research case law favorable to opposing counsel's client.
Correct Answer:
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