Question

What action must a lawyer and paralegal take, if during the preparation of a case analysis, they discover that their client's answer to the opponent's interrogatory is incomplete because it fails to disclose information that they have and that was requested in the interrogatory? 

   What action must a lawyer and paralegal take, if during the preparation of a case analysis, they discover that their client's answer to the opponent's interrogatory is incomplete because it fails to disclose information that they have and that was requested in the interrogatory?
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Litigation and Trial Practice
Litigation and Trial Practice
Janis L. Walter,… 6th Edition
Chapter 18, Problem 20 ↓

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Step 1: Review the interrogatory in question to understand the specific information that was requested and identify what information is missing from the client's answer.  Show more…

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What action must a lawyer and paralegal take, if during the preparation of a case analysis, they discover that their client's answer to the opponent's interrogatory is incomplete because it fails to disclose information that they have and that was requested in the interrogatory?
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Key Concepts

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Ethical Obligations and Duty of Candor
Lawyers have an ethical duty to be honest and forthright in the representation of their clients and in the presentation of information to opposing parties and the court. If a lawyer discovers that an answer provided by a client is incomplete, they must take reasonable steps to correct the record. This duty encompasses ensuring that all material facts are disclosed, thereby preventing any misleading or incomplete information from influencing the legal proceedings.
Supplementing Discovery Responses
In the context of pretrial discovery, the rules require that any responses provided to interrogatories must be complete and accurate. If it is discovered that a response is incomplete or incorrect, the legal team is obligated to supplement or correct the response. This ensures that both parties have access to all relevant information, thereby upholding the fairness and integrity of the discovery process as mandated by procedural rules such as those found in the Federal Rules of Civil Procedure.
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Peter works as a paralegal for a law firm. The firm's client is suing her former employer for wrongful termination of the employment relationship. The client has financial records that prove that her supervisor authorized nondisclosure of income to the Internal Revenue Service. Disclosing these records would seriously affect her supervisor's credibility and would strengthen the client's case. Peter contacts the client to obtain the records. She refuses, fearing the effect it might have on her ability to find another job. Peter's supervising attorney is adamant about the need to obtain these records. The attorney is concerned that the firm might be guilty of malpractice if it fails to introduce this evidence. To whom is Peter obligated, the client or the firm? Why? How should Peter resolve this conflict?
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