Multiple Choice
Camille is a paralegal who just started working for attorney John Baxter. John practices mainly in personal injury and civil litigation, but Camille has never worked in litigation before. In the Tran case, John filed a motion for summary judgment about three months ago. The defendant filed a response to the motion, and John then filed a reply. As such, the motion for summary judgment is fully briefed. John has now asked Camille to call the judge's office and find out if the hearing date has been set-and if it has not been set, work out a hearing date with the court and the defendant's attorney. The rule on ex parte communications prevents attorneys from speaking with the judge or the judge's staff about a case unless the opposing counsel is present. Can Camille call the court as requested?
A) No, because the rule prohibits any ex parte communication with the judge or judge's staff, including communications by an attorney's employee.
B) No, unless Camille gets someone from the opposing counsel's office on the line in a conference call with the judge's office.
C) Yes, because the rule on ex parte communications does not prohibit routine communications by staff on procedural matters, such as scheduling.
D) Yes, because Camille's employer has authorized her to call the judge's staff.
Correct Answer:
Verified
Correct Answer:
Verified
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