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Homework answers / question archive / Evan Eldridge is a paralegal working for Matilda Moniker, who handles lots of small lawsuits that often go to trial
Evan Eldridge is a paralegal working for Matilda Moniker, who handles lots of small lawsuits that often go to trial. Matilda asks Evan to contact opposing counsel in six cases and to tell them that she is ill and cannot take depositions as scheduled. Then she asks Evan to draft requests for continuances in three other cases, also based on her illness. Evan knows that Matilda is not ill and suspects that she is delaying the discovery process and trials because the suits are weak and she is overworked. Matilda later confides over drinks that she thinks the cases will have a better chance of settling wit the delays.
Is Matilda doing anything unethical?
What should Evan do?
Matilda is acting unethically. By faking an illness, canceling depositions, and requesting continuances, she is essentially lying to the court and to her clients. An attorney who takes on too many cases and is spread too thin should not abuse the remedies the court affords to lawyers who experience true emergencies. If Matilda thought the cases were weak, she should have found a different way to handle them, either by settlement instead of litigation or by not taking the cases at all. It is important to note here, however, that Evan "suspects" Matilda is overworked and that she thinks the cases are weak. Before taking any action at all, Evan must be certain that this is, indeed, the case.
It is not clear whether there are other attorneys or paralegals in the office where Evan works. If so, perhaps he could discuss the situation with a managing partner and get advice on how to proceed. Another option is to approach the State Bar Association Ethics Committee to file an anonymous complaint.
