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Rule 3.4. Fairness to opposing party andcounsel.

A licensed paralegal practitionershall not:

(a) unlawfullyobstruct another party?s access to evidence or unlawfully alter, destroy orconceal a document or other material having potential evidentiary value. Alicensed paralegal practitioner shall not counsel or assist another person todo any such act;

(b) falsifyevidence, counsel or assist a witness to testify falsely, or offer aninducement to a witness that is prohibited by law;

(c) knowinglydisobey an obligation under the rules of a tribunal, except for an open refusalbased on an assertion that no valid obligation exists;

(d) requesta person other than a client to refrain from voluntarily giving relevantinformation to another party unless:

(d)(1) theperson is a relative or an employee or other agent of a client; and

(d)(2) thelicensed paralegal practitioner reasonably believes that the person?s interestswill not be adversely affected by refraining from giving such information.

 

Comment

[1] The procedure of theadversary system contemplates that the evidence in a case is to be marshalledcompetitively by the contending parties. Fair competition in the adversarysystem is secured by prohibitions against destruction or concealment ofevidence, improperly influencing witnesses, obstructive tactics in discoveryprocedure and the like.

[2] Documents and other items of evidenceare often essential to establish a claim or defense. Subject to evidentiaryprivileges, the right of an opposing party, including the government, to obtainevidence through discovery or subpoena is an important procedural right. Theexercise of that right can be frustrated if relevant material is altered,concealed or destroyed. Applicable law in many jurisdictions makes it anoffense to destroy material for the purpose of impairing its availability in apending proceeding or one whose commencement can be foreseen. Falsifyingevidence is also generally a criminal offense. Paragraph (a) applies toevidentiary material generally, in whatever form it may exist and on whatevermedium it may be found.

 

Effective November 1, 2018