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Paralegal John Is Writing a Brief in Defense of a Lawyer

Question 16

Multiple Choice

Paralegal John is writing a brief in defense of a lawyer facing disciplinary charges. John has a choice between citing his state's professional conduct rule 3.6 (on trial publicity) or ABA Model Rule 3.6. Both rules say exactly the same thing. His best choice is to


A) cite his state's rule. This is true because lawyers in John's state are bound by the laws of that state, not the "models" written by the ABA.
B) cite the ABA Model Rule because the ABA Rules have more authority than the state rules. This is true because the ABA is a federal agency.
C) do not cite either. This is true because the rules of professional conduct are just "rules," not law.
D) cite the ABA Model Rule because the ABA Rules have more authority than his state rules. This is true because the ABA has been writing rules of professional conduct longer than any state.

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