Legal Ethics and Client Communications
Client communication is an ethics issue, not just customer service. The exam tests RPC 1.4, RPC 1.5, and RPC 1.15, and the paralegal's role as a conduit who informs without advising.
Communication duties
RPC 1.4 requires a lawyer to promptly inform the client of decisions requiring informed consent, reasonably consult about the means of representation, keep the client reasonably informed, promptly comply with reasonable requests for information, and explain the matter to the extent reasonably necessary. Settlement offers and significant developments must be conveyed. Paralegals may schedule, relay facts, confirm receipt, and send updates approved by the attorney. They may not give legal advice or predict outcomes.
Fees and trust accounts
RPC 1.5 requires fees to be reasonable. Contingent fee agreements in New Jersey must be in writing under R. 1:21-7. RPC 1.15 requires client trust funds to be held separately, not commingled with firm funds, and reconciled. Paralegals may prepare reconciliations and records, but the attorney remains responsible for the account.
Worked example
A client calls demanding, 'What is my case worth?' The paralegal should not guess or quote a range. The proper response is to acknowledge the question, gather any updated information, explain that the attorney will call, and document the call. If the client is upset, the paralegal can offer a specific time for the attorney's response.
Traps
Promising a result or a settlement amount. Discussing one client's matter with another client. Billing clerical work at paralegal rates. Delaying bad news until the client calls again. Failing to document client instructions and calls.