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    The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks
    The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks
    The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks
    Ebook361 pages5 hours

    The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks

    By Anita Haworth and Lesley Cox

    3.5/5

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    About this ebook

    A completely updated and revised desk reference for paralegal professionals.
    Paralegals are the backbone of the legal business. The Paralegal’s Handbook is a guide to the responsibilities and tasks a paralegal may be asked to undertake. In this comprehensive guide to the profession, expert authors Anita Haworth and Leslie Cox explain everything paralegals need to know to handle the job with accuracy and confidence. From ethics issues to a detailed analysis of all the tasks encountered in the various legal specialties, The Paralegal’s Handbook provides invaluable advice and expertise to paralegal professionals.
    Haworth and Cox are experienced paralegals and provide explanations and details on the various areas of practice paralegals may choose including Family Law, Probate, Corporate Law, Intellectual Property, Real Estate, and Personal Injury Law. They cover everything from handling everyday tasks to reviewing facsimiles of legal documents. This Second Edition is fully updated and revised, with a new section on eDiscovery.
    LanguageEnglish
    PublisherKaplan Test Prep
    Release dateJan 28, 2011
    ISBN9781607148111
    The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks

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      Book preview

      The Paralegal's Handbook - Anita Haworth

      The

           Paralegal’s

      Handbook

      UPDATED

      AND

      REVISED EDITION

      Anita G. Haworth, RP

      Lesley G. Cox, RP

      Table of Contents

      Chapter 1

      Overview of Paralegal Practice

      Utilization

      Ethical Responsibilities of Paralegals

      Confidentiality Rules

      Unauthorized Practice of Law

      Definitions

      Chapter 2

      Investigation and Fact Gathering

      The Basics

      Resources

      Getting to Work

      The Interview

      During and after the Interview

      Investigating People and Companies

      Investigating the Location

      Investigating and Gathering Documents

      Electronic Documents

      Investigating Other Things and Sources of Information

      Wrap-Up

      Trial Presentation Software

      Chapter 3

      Document Management

      Basic File Management

      Computer File Organization

      Developing a System

      Maintaining the System

      Numbering Documents

      Indexing Documents

      Creating a Database

      Hardware and Software

      Imaging Documents

      Privileged versus Non-Privileged Documents

      Using Binders for Organization

      Managing Trial Documents

      Conclusion of the Case

      Preparing Files for Storage

      Practice-Related Documents and Files

      Chapter 4

      Discovery

      Scope of Discovery

      What Is Discoverable?

      What Is Not Discoverable?

      Interrogatories

      Reasons for Using Interrogatories

      Advantages of Interrogatories

      Disadvantages of Interrogatories

      Preparing to Draft Interrogatories

      General Topics

      Drafting Interrogatories

      Responding to Interrogatories

      Objections to Interrogatories

      Supplementing and Amending Responses

      Requests for Production of Documents

      Preparing to Draft Requests for Production

      Drafting Requests to Produce Documents

      Responding to Requests for Production of Documents

      Requests for Admissions

      Preparing to Draft Requests for Admissions

      Drafting Requests for Admissions

      Requests for Admissions of the Genuineness of Documents

      Requests for Admissions as Follow-Up to Other Discovery

      Responding to Requests for Admissions

      Five Basic Responses to Requests for Admissions

      Withdrawal and Amendment of Response to Requests for Admissions

      Using Requests for Admissions at Trial

      Requests for Admissions in Large Cases

      Depositions

      Discovery Depositions

      Evidentiary Depositions

      Conclusion

      Chapter 5

      Trial Preparation, Mediation, and Presentation

      Preparing for Mediation and Trial

      Assemble the Trial Team

      Establish the Agenda

      Determine How Work Will Be Distributed

      Establish a Timetable

      Develop a Theme of the Case

      Think toward the End as You Begin

      Develop a Settlement Brochure or Demand

      Mediation

      Pre-Trial Order

      Discovery

      File Control

      Planning the Show

      Exhibits and Demonstrative Evidence

      Courtroom Logistics

      Trial Notebook

      Paralegal Trial Notebook

      Getting Ready to Move

      Show Time

      Grand Finale

      Taking the Show on the Road

      Post-Trial

      Chapter 6

      Areas of Practice

      Domestic Relations/Family Law

      Probate and Estate

      Corporate

      Intellectual Property

      Real Estate

      Personal Injury

      Other

      Conclusion

      Appendix A

      E-Discovery for the Paralegal

      Appendix B

      National Federation of Paralegal Associations, Inc.

      Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement

      Appendix C

      Samples and Forms

      Domestic Relations/Family Law Forms

      Petition for Dissolution of Marriage

      Petition for Dissolution of Marriage, for Provisional Orders and Affidavit in Support Thereof

      Financial Declaration

      Summary of Marital Estate and Proposed Distribution

      Interrogatories to Respondent/Petitioner

      Request for Production of Documents to Respondent/Petitioner

      Litigation Forms

      Federal Court Subpoena

      Federal Court Summons

      Federal Court Case Management Plan Summary

      Discovery Forms and Information

      Instructions to Deponent

      Sample Proposed Case Management Plan and Pretrial Order

      Sample Interrogatories to Company Defendant in Personal Injury (Auto Collision) Case

      Sample Interrogatories to Individual Defendant in Personal Injury (Auto Collision) Case

      Sample Request for Production to Defendant in Personal Injury (Auto Collision) Case

      Sample Requests for Admissions to Defendant in Personal Injury (Auto Collision) Case

      Chapter 1

      Overview of Paralegal Practice

      WHAT IS A PARALEGAL? The National Federation of Paralegal Associations (NFPA) defines a paralegal as "a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts."

      The American Bar Association (ABA) defines a paralegal/legal assistant as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.

      So what does this really mean? It means that a paralegal often does many things that, but for the paralegal, would be done by the attorney. No matter what area of law, paralegals are often the front line with clients and witnesses; and, in litigation cases, paralegals frequently interact with court personnel, opposing counsel, and experts. Paralegals also spend a great amount of time drafting correspondence and various other documents including, but not limited to, pleadings, motions and briefs, discovery requests and responses, contracts, and exhibits. Consequently, excellent written and verbal communication skills are essential. Paralegals may perform legal research, create presentations, and file documents electronically. It is vitally important that the paralegal be able to work with many types of software programs and, in many instances, also be able to set up or troubleshoot the hardware involved. As the courts and all working environments become more dependent on technology, it is the paralegal who combines traditional paralegal skills with technological knowledge who will be most sought after.

      A paralegal must be flexible, organized, and efficient. No matter what the area of law, a paralegal must often juggle multiple projects while keeping track of, and meeting, deadlines associated with each. It is common to be stopped in the middle of a project in order to handle something else that the attorney or client wants done right away. This necessitates that the paralegal be able to multitask and keep track of the status of several projects simultaneously.

      UTILIZATION

      As with many other professions, the paralegal profession has evolved from one that was primarily an apprenticeship to one that now requires at least a certain amount of education in order to be considered a valid candidate for the job. It would be very rare in this day and age for an individual to be hired without any education and/or training as a paralegal. Years ago, however, it was common to work one’s way into a paralegal position. Most paralegals were formerly legal secretaries who had a great deal of experience and legal savvy and could be counted on to draft accurate discovery responses, pleadings, and the like for the attorney. This person had usually worked for that attorney for several years and was given increased responsibility as the attorney became familiar with his or her skills and knowledge of the law.

      Through the years, specific paralegal education programs developed with the intent to teach lay persons the knowledge and skills necessary to obtain a paralegal position. There are now certificate programs, associate’s degrees, bachelor’s degrees, and even master’s programs in paralegal studies. It is no longer necessary for employers to teach or train someone from the ground up. Employers today want and expect the person they hire as a paralegal to have the education and training (and often the experience) necessary to do the tasks assigned to him or her.

      Paralegals work in all areas of the law; they can be employed by law firms, municipalities, and county, state, and federal government offices. They can work for prosecutors, public defenders, and legal aid societies, at financial institutions, for property management companies and insurance companies, and in all types of corporate legal departments. Paralegals can also work for philanthropic societies, nonprofit organizations, or private individuals. Sole practitioners and small, medium, and large law firms all utilize paralegals.

      What a paralegal actually does greatly depends on the environment in which the paralegal works. For instance, in some of the smaller law firms, the paralegal will normally do all of his or her own correspondence and typing. In addition, in a smaller law firm, the paralegal is more likely to work on a variety of cases and in multiple areas of the law. In larger law firms, the paralegal is more likely to have a secretary and work in more specialized areas of law or in a particular court system. For instance, a paralegal may specialize in real estate, intellectual property, or federal litigation. Corporate paralegals may work in the litigation section or in corporate finance, mergers and acquisitions, or contracts. Governmental paralegals will also have varied responsibilities depending on the particular section of government for which they work, which could be regulatory, legislative, or other.

      One of the most important skills a paralegal can have is the ability to write well. A paralegal must write letters, memoranda, and all types of correspondence. Accurate knowledge of English grammar and an ability to spell are essential. (Spell-checker will catch many errors but not all!) It is vital to remember that the paralegal’s work product affects the reputation of both the employer and the client, and a poorly written document will reflect poorly upon the attorney and upon the client’s case.

      It is also important to know how to perform legal research and analysis. Despite the fact that law clerks or associates might do most of the research, a paralegal often needs to be able to locate and/or review an opinion for its applicability to the current case and to know how to properly cite it in briefs and memoranda. Consequently, a paralegal should be able to utilize both electronic and traditional methods of legal research.

      Competency and professionalism are two of the most important elements for a paralegal to have. Competency involves knowledge, experience, and the ability to apply that knowledge and experience to a particular task or set of tasks. Education leads to knowledge and is the essential first step to becoming a paralegal. Education provides a foundation upon which to build your knowledge through the application of what you have learned. By applying what you have learned, you gain the skills and experience to become competent. Remember that education does not end upon graduation but continues throughout your lifetime. To remain competent, you have an obligation to continually strive to maintain and increase your knowledge of the law and changes in the law, so that you can apply that knowledge to the work at hand. This increased knowledge may be gained by attending continuing legal education seminars, networking with other legal professionals, and actively participating in a paralegal professional organization.

      A paralegal performs substantive legal work that involves legal concepts and is customarily (but not exclusively) performed by a lawyer. Lawyers must attend college, then law school, and pass a bar exam in order to become licensed to practice law. It therefore stands to reason that paralegals should also have an advanced education and meet certain minimum criteria in order to perform the substantive tasks delegated by the attorney.

      Integrity and maturity are essential to professionalism. Adherence to, and understanding of, the code of ethics of the paralegal’s professional association and of the attorney’s ethical obligations and professional responsibilities are basic to becoming a professional. Respect for the law and for the tribunal process is absolutely necessary. Personal conduct must reflect high moral and ethical standards in both public and private situations. A paralegal must know and respect the boundaries in which the paralegal performs legal services and must know when and how to perform the duties given so as to avoid even the appearance of an impropriety. For example, there is a fine line between providing information and giving legal advice, and sometimes it takes time and experience to know the difference. This takes us back to the point that education provides a foundation. Each person then has an obligation to build on that foundation through experience in order to gain competency and become a professional.

      One last point to make is that there is a difference between belonging to a profession and being a professional. Graduating from a paralegal program and then being hired as a paralegal may bring you into the profession, but being a professional means making a commitment to yourself to grow and learn, to adhere to standards of conduct, and to respect the law. It means incorporating these values and tenets into a way of life.

      Consequently, one’s competency and professionalism may well determine how one is utilized as a paralegal. Having the knowledge and experience to undertake a particular legal task, as well as an understanding of the ethical obligations and responsibilities that go along with it, is more likely to result in challenging and interesting work.

      ETHICAL RESPONSIBILITIES OF PARALEGALS

      Check your state and local rules for specific rules and regulations regarding nonlawyer assistants. Some states regulate the paralegal profession in some fashion, others do not. Some states have adopted rules or guidelines that apply to paralegals. Professional associations may also have codes of professional responsibility for their members. Many states have looked to the ABA for guidelines. Paralegals have the same professional and ethical responsibilities as attorneys; however, while paralegals are allowed to perform many tasks under the supervision of an attorney, they are not licensed to practice law, and there are certain things that they are not permitted to do.

      Generally, a lawyer may not delegate the following to a nonlawyer:

      Responsibility for establishing an attorney/client relationship

      Responsibility for establishing the amount of a fee to be charged for a legal service

      Responsibility for a legal opinion rendered to a client

      Many books have been written on the subjects of ethics and professional responsibility as they apply to paralegals, and they can provide a more comprehensive discussion. This section provides an overview of some important concepts of which you should be aware.

      Paralegals should be familiar with the rules of professional responsibility that apply to both attorneys and paralegals generally and in specific jurisdictions. The following resources may be helpful:

      American Bar Association Model Rules of Professional Conduct (www.abanet.org/cpr/mrpc)

      American Bar Association Model Guidelines for Utilization of Paralegal Services (www.abanet.org/cpr/mrpc)

      National Federation of Paralegal Associations Code of Ethics and Professional Responsibility (www.paralegals.org)

      National Association of Legal Assistants Model Standards and Guidelines for Utilization of Legal Assistants/Paralegals (www.nala.org)

      Confidentiality Rules

      Ethics. Conforming to the standards imposed by the ethical codes in place in the state in which the attorney practices law.

      Confidentiality. The ethical rule imposed upon an attorney or any legal professional to keep the legal professional from revealing any information about the client.

      Attorney/client privilege. The legal doctrine that prohibits an attorney who represents a client from testifying in open court and revealing the secrets of the client.

      Work-product doctrine. The legal doctrine that protects documents prepared in anticipation of litigation from being disclosed to the adversary.

      Privilege. A particular and peculiar benefit or advantage enjoyed by a person or corporation, beyond the common advantages of other citizens.

      Privileged communications. Those statements, made by certain persons within a relationship, that the law protects from forced disclosure.

      Legal advice. Advice that is given exclusively by those licensed to practice law, about legal matters, to clients.

      One of the principle tenets of the legal profession is the rule of confidentiality of communications between clients and attorneys. The purpose of the rule is to encourage persons consulting attorneys to have honest and complete communication, which affords the client the best representation possible. The rule of confidentiality precedes the signing of a fee agreement or payment of a retainer. The rule applies not only to attorneys but to paralegals and all other employees. Confidentiality is not only a good rule of law office practice, it is an obligation to a client.

      There are few exceptions to the rules requiring that any information relating to the representation of a client be kept confidential. In these limited circumstances, attorneys and paralegals may be required to reveal information.

      The ABA’s Model Rules of Professional Conduct Rule 1.6 provides that:

      (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

      (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary:

      (1) to prevent reasonably certain death or substantial bodily harm;

      (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services;

      (3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;

      (4) to secure legal advice about the lawyer’s compliance with these Rules;

      (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer’s representation of the client; or

      (6) to comply with other law or a court order.

      Confidentiality rules encompass the attorney/client privilege and work-product doctrines, but the confidentiality rules extend far beyond those evidentiary rules and may come into play at any time (not merely before a tribunal). Confidentiality rules increase the types of matters that may not be revealed by a client’s attorney and protect more information than that which is protected by attorney/client privilege.

      Attorney/client privilege and the work-product doctrine are evidentiary rules that apply in limited situations. They are meant to protect from disclosure what might otherwise become evidence during litigation proceedings. Attorney/client privilege prohibits the attorney and paralegal from testifying or otherwise revealing the secret of a client. The work-product doctrine protects documents prepared in anticipation of litigation from being disclosed to an adversary. While these rules protect confidential information of a client from being disclosed during litigation proceedings, the ethical rule of confidentiality protects information from being disclosed at any time.

      Paralegals should preserve all confidential information provided by the client or acquired from other sources before, during, and after the course of the professional

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