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Gary Goodwin Is a Partner in Steinway, Goodwin & Iverson

Question 21

Multiple Choice

Gary Goodwin is a partner in Steinway, Goodwin & Iverson. He represents Bill Smith, a defendant in a lawsuit filed by his brother, George Smith. The litigation has been very contentious. George is represented by Alex Philbin, who has a reputation for being a "junkyard dog" litigator. As part of the discovery process, the parties agreed to allow Philbin and a forensic accountant visit Bill's office and review the original accounting records kept by Bill in a joint venture with George. Deena is a paralegal at Steinway, Goodwin & Iverson and working on the Smith case with Gary. On the morning of the visit to Bill's office, the receptionist calls Deena and frantically explains that Mr. Philbin is on the phone and very angry. He is saying something about Bill Smith not letting him look at the documents. The receptionist explained that Gary is in a meeting, but Philbin is claiming Bill Smith is in breach of a discovery agreement. The receptionist wants Deena to take the call. In speaking to Mr. Philbin, what is the best approach for Deena to take?


A) Explain to Philbin that he is being rude and cannot expect Gary to interrupt a meeting whenever he calls; if Philbin persists, suggest that he file a discovery motion with the court.
B) Speak to Philbin in a calm voice and explain that Gary will return the call as soon as possible; if Philbin persists, offer to interrupt the meeting and ask if Gary will take the call.
C) Speak to Philbin in a calm voice and explain that Gary cannot be interrupted for any reason.
D) Speak to Philbin in a calm voice and present a case for why Bill Smith is not in violation of the discovery agreement.

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