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

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?

A) Yes, because the reporter may publish the statement and the statement could prejudice the defendant's trial.
B) Yes, because prosecutors are strictly prohibited from making comments on pending cases.
C) No, because the confidentiality rules do not apply to paralegals.
D) No, because Peter's statement was based on prior convictions that are in the public record.

Correct Answer:

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