Hannah is a paralegal working in the Minneapolis law firm of Jackson & Pollack. She is an enrolled member of the Oglala Sioux Tribe and moved to Minneapolis to work with Bill Tallbear, who practices extensively in federal Indian law. Bill is representing the Red Lake Chippewa Tribe in a lawsuit involving upstream pollution of a river that runs through reservation land. As Hannah is preparing to schedule depositions and draft a request for production, a member of the tribal council calls and says, "Hannah, the other day, Bill kept talking about 'discovery,' and how we had to do a bunch of stuff in response to discovery. I don't understand this 'discovery' thing. Don't like the sound of it. Reminds me of Chris Columbus, and we both know that 'discovery' didn't work out too well for native peoples." Of the options listed below, what is the paralegal's best approach to answering the council member's question?
A) "Well, discovery in a lawsuit isn't like Columbus's discovery. In a lawsuit, discovery is the process that allows both sides to collect information relevant to the case. Both sides have the right to ask questions and request copies of documents. Then, each side works on identifying the most important evidence for use at trial."
B) "Well, councilman, you should really listen to Bill and do as he asks. Discovery is a really important part of the litigation process, and you can be sanctioned by the court if you don't cooperate."
C) "Well, discovery in a lawsuit isn't like Columbus's discovery. In a lawsuit, discovery requires both sides to send a statement to the other side that gives the names of people with relevant information, copies of all documents and objects related to the case, a damages computation, and copies of insurance policies, if any."
D) "I'm sorry. I can't answer that question because I would be engaging in the unauthorized practice of law. Would you like to talk to Bill?"
Correct Answer:
Verified
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