A Paralegal Is Employed by an Attorney Who Often Acts

A paralegal is employed by an attorney who often acts as a mediator or an arbitrator. The paralegal often assists the attorney before and during mediations and arbitrations and does legal research to assist the attorney in determining matters. Just before an arbitration hearing is set to begin, the paralegal was in the firm's conference preparing for the hearing. The complainant, who is not represented by counsel, is in the conference room, but neither the paralegal's employer, nor the opposing counsel, nor the respondent are in the room. The complainant asks the paralegal, "Is your employer going to argue that the respondent was negligent in failing to have his brakes fixed?" The paralegal responds by explaining that her employer does not represent him (the complainant) and that her employer's role in the arbitration is that of a third-party neutral who will make an award in the case. Was the paralegal's response appropriate under the Model Rules?

A) Yes, because it is consistent with the requirements of the Model Rule regarding lawyers serving as third-party neutrals.
B) Yes, because the Model Rules require lawyers serving as third-party neutrals to explain the arbitration process.
C) No, because the paralegal spoke directly to an unrepresented party.
D) No, because the paralegal failed to advise the complainant to seek the advice of counsel.

Correct Answer:

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