Advocacy

Question 1

what are the steps that help develop the theory of a client’s case?

Answer 1

1/ investigate the facts
2/ conduct legal research and find the relevant law
3/ identify the evidence that is available on each issue in dispute
4/ anticipate contrary evidence from other parties
5/ consider whether the remedy requested flows logically from the theory of the case
6/ assess the strength of the other party’s case
7/ re-evaluate the theory of the case as new information or facts come to light
8/

Question 2

What is a paralegal’s duty as a prosecutor?

Answer 2

to act as an advocate for the public and the administration of justice. The paralegal must act resolutely and honourably within the limits of the law. NOT to seek conviction, but to see justice is done through a fair trial on the merits.

Question 3

When advocating for a client, paralegals shall not:

Answer 3

• abuse the tribunal process
• knowingly deceive or mislead the tribunal
• directly or indirectly influence the tribunal other than by means of open persuasion as an advocate
• knowingly assist or permit the client to do anything the paralegal considers to be dishonest or dishonourable
• mistreat witnesses, and
• appear before a court or tribunal while under the influence of alcohol or drugs

Question 4

a paralegal in possession of incriminating physical evidence should

Answer 4

immediately consult with an experienced criminal lawyer regarding their professional obligations

Question 5

A paralegal’s obligations re possession of incriminating illegal evidence is that they consider:

Answer 5

Whether to retain independent legal counsel for advice on their obligations.

Question 6

If a paralegal in posession of incriminating evidence chooses to retain a criminal lawyer for independent legal advice, they must consider whether:

Answer 6

The counsel should be informed of the identity of the client and instructed not to disclose the identity of the client to law enforcement/prosecution; and

independent legal counsel should either disclose or deliver evidence to law enforcement authorities or prosecution, or do both

Question 7

When considering disclosure/retaining criminal law consultation, a paralegal must balance the duties of

Answer 7

confidentiality and loyalty to client vs duty to the administration of justice

Question 8

Paralegal’s must inform witnesses that they rep the client and not the witness, and must not:

Answer 8

• stop the witness from providing ALL relevant evidence by supressing information given by the witness, or by trying to persuade them to not testify
• harass the witness who has told the paralegal that they do not wish to discuss the matter

Question 9

Except with the consent or through a represented person’s legal rep, paralegals must not:

Answer 9

• approach, communicate or deal with the represented person,
• attempt to negotiate or compromise the matter directly with the represented person

Question 10

To comply with rules re communicating with witnesses during proceedings, paralegal must consider:

Answer 10

• whether the witness is the paralegal’s own witness or is being called by the other party, or
• whether the witness is sympathetic to the paralegal’s own cause

Question 11

During examination in chief, the paralegal may discuss with their witness…

Answer 11

any matter NOT COVERED in examinations UP TO THAT POINT

Question 12

Between completion of examination in chief and start of cross-exam, the paralegal cannot discuss

Answer 12

the evidence given or relating to any matter introduced or touched on during the exam in chief

Question 13

During cross-exam by oppossing liensee, the paralegal

Answer 13

cannot have ANY conversation with the witness about the evidence they are giving or ANY ISSUE in the proceeding

Question 14

between compeltion of cross exam of the witness and of re exam, the paralegal cannot

Answer 14

discuss with the witness any evidence that will be dealt with on re exam

Question 15

Rule 7.02 prohibits

Answer 15

communications with any witness who is a represented party in the proceeding without consent from that person’s legal practitioner

Question 16

During exam in chief by another licensee of an unsympathetic witness, the paralegal may

Answer 16

discuss the witnesses evidence with the witness

Question 17

During the paralegal’s x-exam of an unsympathetic witness, the paralegal may

Answer 17

discuss the witness’s evidence with them

Question 18

During re-exam by oppossing licensee of an unsympathetic witness, the paralegal

Answer 18

may discuss evidence with them

Question 19

Does Rule 4.04 apply only for in-court examinations?

Answer 19

No, it applies to examininations out of court, with some modifications

Question 20

A paralegal who appears as advocate shall not

Answer 20

• submit the paralegal’s own affidavit to the tribunal, or
• testify before the tribunal

Question 21

A paralegal is permitted to enter into an agreement about a guilty plea if, following investigation

Answer 21

The paralegal meets the requirements in Rule 4.01(9):

1/ advise the client of the prospects of acquittal or finding of guilt

2/ explain to the client how a guilty plea may affect the client’s life, and

3/ inform the client that the court is not bound by any agreement on a guilty plea, so the judge may ignore the agreement, reuse to accept it, and/or impose a sentence on the client that is different in terms of the plea agreement

Question 22

If a client wishes to enter into an agreement, the paralegal must ensure that the client voluntarily:

Answer 22

• admits to the factual AND mental elements of the offence, and
• instructs the paralega to enter into an agreement as to a guilty plea