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Real Estate Law

Real Estate Practice

Paralegals assist attorneys with all stages of real estate transactions, starting with the intake interview, where paralegals find out as much as they can about the case and the client. You will need to know how to request documentsfrom a variety of sources, with and without subpoenas. You may be asked to conduct a lien search or prepare closing documents. In addition to familiarity with court rules, you also need to know the procedures of many county agencies, such as the county recorder. Real estate is an excellent career path for paralegals who enjoy working with a variety of other professionals and the public. In addition to interviewing potential clients, you mightinteract with real estate brokers, mortgage brokers, escrow agents, and title company personnel. You will maintain ongoing communication once potential clients become actual clients. If you work for an attorney who handles landlord and tenant issues, you will be working directly with the public, and you might become well acquainted with process servers and the county sheriff. Property management companies hire paralegals for positions that require excellent communication skills and the ability to manage a wide variety of responsibilities. In addition to handling a high volume of telephone requests and attending homeowners' association meetings, paralegals prepare and review leases and other agreements, contracts with vendors, and a variety of notices. You might find yourself negotiating with vendors on behalf of homeowners orattempting to help homeowners mediate differences. Paralegals who can help settle problems that otherwise might end up in a court of law are invaluable to homeowners' associations. This resource provides instruction for users to: Define real estate terms Identify the parties involved in a real estate transaction Determine the information required for a real estate transaction Locate forms needed to process real estate transactions in your jurisdiction Identify the types of real property interests and rights Identify forms of real estate ownership Identify forms of real estate ownership

• Real Estate Practice

Listings and Listing Agreements

Listing agreements are often the first documents people sign when selling property, and disputes over listing agreements often prompt sellers to hire an attorney. Paralegals assisting real estate transactions must understand the role of agents and brokers, including the code of professional ethics required by their licenses. First, you must ensure confidences are not breached, so it is extremely important to understand who works for whom. And you must be clear on what the law in your state allows agents and brokers to do. In addition to real estate laws, you must be familiar with consumer protection lawsand the professional code of ethics that bindsreal estate professionals. Properties can be listed in a number of ways. Sellers who sign exclusive listing agreements with brokers must understand that their signature is a promise to pay a commission to the broker, which is a percentage of the gross sale amount. Under an exclusive listing agreement, sellers who find their own buyers are still obligated to honor the agreement and pay the broker. Disputes over exclusive listing agreements are one of many reasons clients may enlist the help of an attorney. In states where paralegals must be supervised by attorneys, your real estate background will be a valuable asset in your job search. Paralegals review contracts to ensure terms and conditions are fair and comply with state and local law. Some states allow real estate paralegals to establish their own practices—you still cannot represent clients in court hearings, but you may be able to accompany themas an advocate. This resource provides instruction for users to: Describe the different forms of brokerage relationships Differentiate the importance and exceptions of the broker license Describe the purpose and components of a real estate listing agreement Describe the different forms of brokerage relationships Prepare an appropriate listing agreement for a given scenario Identify the parties involved in various types of listing agreements Describe the purpose and components of a real estate listing agreement Identify the types of listing agreements Identify the parties involved in various types of listing agreements

• Listings and Listing Agreements

Real Estate Disclosure

Compliance with numerous laws keeps real estate transactions fair and honest. These transactions involve competing interests and large sums of money: sellers want to maximize profit, and brokerswant to maximize commissions.Therefore, it is essential to have honest, trustworthy legal counsel so buyers and sellers achieve the best deal possible. If a dispute arises out of a real estate deal, buyers and sellers both want to make sure their legal documents are not flawed. Savvy buyers and sellers need to anticipate some degree of conflict. Depending on whether the sale is taking place during a buyers' or sellers' market, someone may go too far in an attempt to gain an advantage. State real estate laws include a set of disclosures that must be made in regard to real estate sales. In the event of a failure to disclose some pertinent fact about a property, the new owner may not discover the defect until after taking possession of the property. Savvy buyers will insist on a home inspection as a condition of the contract to protect themselves from disclosure issues. If a new owner experiences problems that should have been disclosed before the sale, the help of an attorney will be required to figure out what happened. This kind of investigation often falls to the real estate paralegal. You may need to evaluate a broker's advice and judgment in a sale based on many factors, such as your knowledge of consumer protection issues, disclosure laws, building code standards, and other relevant subjects. This resource provides instruction for users to: Describe seller disclosure and misrepresentation as they relate to consumer protection in the real estate industry Identify the five types of misrepresentation that have been recognized by the courts Describe seller disclosure and misrepresentation as they relate to consumer protection in the real estate industry Prepare an appropriate listing agreement for a given scenario Research a real estate issue involving disclosure and consumer protection Describe seller disclosure and misrepresentation as they relate to consumer protection in the real estate industry Research a real estate issue involving disclosure and consumer protection Describe seller disclosure and misrepresentation as they relate to consumer protection in the real estate industry Research a real estate issue involving disclosure and consumer protection

• Real Estate Disclosure

Elements and Components of The Agreement of Sale

Paralegals must be familiar with common clauses in sales contracts and understand the fundamentals of a real estateagreement of sale.As a paralegal in a real estate practice, one of your primary responsibilities will be reviewing and drafting contracts and other real estate documents. A key aspect of the paralegal's responsibility is the client interview. Paralegals interview clients to get a thorough understanding of their expectations and intentions. If there are multiple parties involved in the transaction, find out the nature of the relationships. You may discover the most extraordinary information when you ask ordinary questions. Real estate contracts contain mostly boilerplate language, so paralegals must know how to modify a contract template to include all the correct details. Using a checklist will ensure you ask all the pertinent questions. Although contracts are fairly straightforward, clients have different reasons for hiring attorneys, so you cannot make any assumptions. Every contract is unique to the client and the circumstances, so one format will notbe appropriate for every situation. But all real estate contracts include these elements: description of the parties, legal description of the property, the consideration, the duties of the parties, and the consequences if thecontract is terminated. The contract will state the moment at which the title to the property transfers from the seller to the buyer. This critical time determines who bears the risk of loss if the property is damaged or destroyed. This resource provides instruction for users to: Describe the purpose and components of a real estate sales agreement Describe the conditions and contingencies that determine whether a real estate sales agreement is legally valid and enforceable Prepare a sales agreement for a given scenario Describe the purpose and components of a real estate sales agreement Describe the conditions and contingencies that determine whether a real estate sales agreement is legally valid and enforceable Prepare a sales agreement for a given scenario Describe the purpose and components of a real estate sales agreement Prepare a sales agreement for a given scenario Describe the conditions and contingencies that determine whether a real estate sales agreement is legally valid and enforceable

• Elements and Components of The Agreement of Sale

Miscellaneous Agreements of Sale

Sometimes real estate transactions are initiated with other agreements besides a standard real estate sales contract. With today's stricter requirements to qualify for a loan, buyers and sellers often look for alternatives to move real estate deals forward when potential buyers cannot qualify for traditional mortgages. During negotiations in a commercial real estate deal, if the parties are not ready to sign a sales contract, they may be more comfortable starting with a letter of intent documenting the issues on which they agree. This procedure can help parties sort out their differences and keep the deal on track. Letters of intent help parties negotiate important matters, hopefully without being distracted by minor issues that should not be deal breakers. They also lay the groundwork for completing the deal in a particular timeframe and with a method for resolving issues. Land installment contracts and options to buy are two more ways sellers attempt to initiate a sale. Both arrangements allow someone to occupy the premises as a renter who would like to become the owner. Issues of liability sometimes arise from these arrangements for any number of reasons, from personal injury to fraud. Fraud can affect any real estate deal. Flipping properties, for example, is a well-known real estate practice—there are even books written about flipping properties for profit. There is nothing illegal or fraudulent about investors purchasing homes (even through foreclosuresales), fixing them up,and reselling them a short time laterat a higher price.It doesn't become illegal until the property value is artificially inflated with a fraudulent appraisal. This resource provides instruction for users to: Draft documents related to an agreement of sale Draft documents related to an agreement of sale Identify ethical dilemmas that paralegals may encounter during real estate transactions Draft documents related to an agreement of sale

• Miscellaneous Agreements of Sale

Conditions, Contingencies, and Other Qualifications To Agreements of Sale

When drafting a sales agreement for purchase of real estate, especially for a residential sale, it is likely that the parties need to agree on contingencies that must be included in the contract. Contingencies protect the parties in case certain conditions do not occur, such as the buyer being unable to secure financing, or if the property cannot pass an inspection. Without having conditions and contingencies written into the contract, buyers who are unable to secure financing, for example, would have to forfeit any monies they deposited,and they could be sued for reneging on a contract. Contingencies could also relate to zoning, or even specific performance required of a party who makes certain promises related to the real estate deal. Sometimes contingencies are added to a contract as addenda. They must be added to the original contract, and they actually become part of the original contract to be enforceable. Financing contingencies should include the terms potential buyers are willing to accept. If buyers wish to cancel a contract because they were unable to obtain financing, they must prove that they made a good faith effort. Once buyers determine that they cannot qualify for a loan with terms they consider acceptable, the court does not expect them to keep looking. As long as potential buyers have valid reasons for being unable to go forward with a sale, the contract must be allowed to expire. This resource provides instruction for users to: Describe the conditions and contingencies that determine whether a real estate sales agreement is legally valid and enforceable Describe ways in which an addendum can affect the enforceability of a real estate sales agreement Draft the necessary addenda or conditional clauses for a real estate sales agreement for a given scenario Describe the elements commonly addressed as an addendum in a sales agreement Research a real estate issue involving environmental and hazardous conditions

• Conditions, Contingencies, and Other Qualifications To Agreements of Sale

Title

• Title

Deeds

• Deeds

Mortgage Documents and Products

Mortgages and other types of financing are the backbone of the real estate industry. Real estate paralegals become wellacquainted with techniques and nuances related to financing commercial real estate transactions. Certain conditions and requirements must be met before a mortgage will be approved. In recent years, due to what is commonly referred to as "the collapse of the real estate market," standards for approving mortgages have become very strict. Most purchasers of residential properties apply for traditional loans—either fixed or adjustable rate,15-year or 30-year mortgages. Lenders review potential homebuyers'credit scores, employment history, and debt-to-income ratio. Applicants must provide the lending institution with at least two years' tax returns, paycheck stubs, copies of bank and credit card statements, and a variety of other documents that might be requested. The days of "no docs" loans are in the past. Borrowers are notallowed to "claim" their income; they must prove it with documentation. Self-employed borrowers can still qualify for a mortgage, but they must be able to prove they have been self-employed with records of steady income from several years. Financial institutions that lend to purchasers of commercial real property consider the business purposefor which a property is intended, including the potential income expected from the property,when determining the creditworthiness of the applicants. When commercial real estate clients are trying to buy property and obtain financing at the same time, paralegals can participate in the variety of activities that may occur simultaneously, following up on details to ensure nothing is overlooked. This resource provides instruction for users to: Define mortgage, mortgage note, and mortgage commitment Describe the purpose and components of a mortgage document Describe the various financing options for a mortgage Create a list of banks and financial institutions to include in your professional network Describe the various financing options for a mortgage Prepare documents necessary to secure mortgage funds at settlement Describe the various financing options for a mortgage Create a list of banks and financial institutions to include in your professional network Define mortgage, mortgage note, and mortgage commitment Prepare documents necessary to secure mortgage funds at settlement

• Mortgage Documents and Products

Mortgage Applications and Commitment

Mortgages and other types of financing are the backbone of the real estate industry. Real estate paralegals become wellacquainted with techniques and nuances related to financing commercial real estate transactions. Certain conditions and requirements must be met before a mortgage will be approved. In recent years, due to what is commonly referred to as "the collapse of the real estate market," standards for approving mortgages have become very strict. Most purchasers of residential properties apply for traditional loans—either fixed or adjustable rate,15-year or 30-year mortgages. Lenders review potential homebuyers'credit scores, employment history, and debt-to-income ratio. Applicants must provide the lending institution with at least two years' tax returns, paycheck stubs, copies of bank and credit card statements, and a variety of other documents that might be requested. The days of "no docs" loans are in the past. Borrowers are notallowed to "claim" their income; they must prove it with documentation. Self-employed borrowers can still qualify for a mortgage, but they must be able to prove they have been self-employed with records of steady income from several years. Financial institutions that lend to purchasers of commercial real property consider the business purposefor which a property is intended, including the potential income expected from the property,when determining the creditworthiness of the applicants. When commercial real estate clients are trying to buy property and obtain financing at the same time, paralegals can participate in the variety of activities that may occur simultaneously, following up on details to ensure nothing is overlooked. This resource provides instruction for users to: Describe the conditions and requirements for securing a mortgage Describe the conditions and requirements for securing a mortgage Describe the conditions and requirements for securing a mortgage Describe the conditions and requirements for securing a mortgage Identify key components of a real property survey Prepare documents necessary to secure mortgage funds at settlement Analyze ethical issues related to real estate law

• Mortgage Applications and Commitment

Closing Preparations and Documentation

The closing, which is sometimes called the settlement, is the final event in a successful real estate transaction. This event is the culmination of what is often a long and arduous process. First, the prospective buyers identify the real estate they wish to purchase, terms and conditions are negotiated, contingencies are determined, financing is arranged, an appraisal is performed, a title search is conducted, and many documents need to be prepared, reviewed, and signed, with every page initialed. Paralegals have numerous responsibilities every step of the way. You will be drafting documents and reviewing documents prepared by others, and you will act as liaison between the client, the legal team, and the real estate professionals—fielding questions from clients and contacting the loan officer, real estate broker, title agent, and anyone else who becomes involved in the deal. Case management of a real estate transaction is as important as litigation case management. Paralegals always follow similar procedures to ensure dates are calendared—with reminders to follow up on details—and all documents are indexed and filed. At the closing, the final set of documents—usually referred to as the closing documents—is explained orally so buyers and sellers are clear on what they are signing. This is the most critical time to ensure that all the terms of the contract have been met. Once the signatures have been obtained, the net proceeds are disbursed to the sellers and anyone entitled to receive a commission on the sale. Finally, the new owners are presented with the keys. This resource provides instruction for users to: Describe the closing process Complete a closing checklist for your jurisdiction Complete a closing checklist for your jurisdiction Describe the process of closing a case including the technology used Explain the process of verifying case documents Explain the processes of closing a sale Explain the purpose of the Real Estate Settlement and Procedures Act (RESPA) Describe prorations and how they are computed

• Closing Preparations and Documentation

Conducting A Closing and Settlement

The closing is the culmination of a tremendous undertaking, whether there is one buyer and one seller or numerous parties, corporations, and attorneys involved in the transaction. As a paralegal, you might find yourself facilitating the activities since you have been involved in the transaction since the inception of the loan application. And now, at the closing, there is a final level of scrutiny that paralegals must perform. Depending on where you work, you might be responsible for preparing documents for either the seller or the buyer, you might be reviewing documents someone else prepared, or you might be responsible for a combination of the two. The closing involvesmany intricate details. The closing documents must be prepared, and you will use a checklist and other written instructions to ensure everything that must occur at the closing is done correctly, with nothing left out. Even the most seasoned paralegals use checklists. You don't want to rely on your memory when the stakes are so high. The closing is not a quick meeting where people sign documents, turn over keys, shake hands, and go off to celebrate. The law requires that buyers fully understand the documents they are signing—every page of every document is explained before it is signed or initialed. One of the central documents of the closing, the HUD-1 settlement statement, details every cost incurred during the loan application process that is passed onto the buyer (or seller). These costs are referred to as the closing costs.At the beginning of the loan application process, the lender provides a good faith estimate—an approximation of the expected charges the buyer (or seller) will pay. At the closing, the actual costs are presented with a comparison to the good faith estimate. Any discrepancies must be explained by the lender. This resource provides instruction for users to: Complete a settlement statement Identify issues that can interfere with closure of a real estate deal Complete a settlement statement Identify issues that can interfere with closure of a real estate deal Identify the agencies responsible for recording the various types of real estate transaction documents upon closing Complete a settlement statement Complete a settlement statement Identify issues that can interfere with closure of a real estate deal Identify the agencies responsible for recording the various types of real estate transaction documents upon closing

• Conducting A Closing and Settlement

Leases

Sometimes sellers list their properties as rentals with options to buy. This allows potential buyers to live in the residence as renters and decide, within a set timeframe, if they want to go forward with the purchase. A lease with an option to buy is just one of the types of leases a paralegal might draft or review. Another type of lease, which is associated with a real estate transaction, may be needed in one of two situations: if the seller is unable to vacate the premises until after the closing, or if the buyer needs to take possession of the property before the closing. In either situation, the parties would sign a lease stating the daily rental rate and any required details about how the payments would be made by the tenant during the temporary occupancy.This type of lease would be included as one of the documents of the real estate transaction, not as a separate arrangement outside of the transaction. If your employer has clients who are rental property owners, you will probably be preparing leases. Residential leases are usually forms with standardized, formal language,which varies from state to state, and blanks to fill in the information unique to the particular lease agreement. This information includesthe names and addresses of the landlord and tenant, the address of the property, and the terms of the agreement. Preparing and reviewing residential leases is one of the simplest tasks that will cross your desk. It is the leases associated with real estate transactions and commercial property that will test your knowledge. This resource provides instruction for users to: Identify the parties to a lease Identify governmental agencies involved in statutory code and code qualifications of leasehold housing Identify the purpose and elements of a lease Draft lease agreements Describe when leaseholds are appropriate in a buy/sell transaction Discuss remedies for breach or default on a lease Draft eviction papers Research a landlord-tenant issue

• Leases

Resolving Disputes In Real Estate

Disputes in business transactions are inevitable. But as much as possible, they should be resolved between the parties. Alternative dispute resolution services—arbitration and mediation—are available if parties need help resolving their differences.As long as communication is open, mediation services can help people sort out the issues. Mediators are skilled in negotiation and conciliation techniques—they can even conduct separate meetings with the parties to obtain the factsand hear each side's opinion of the problem. Mediators strictly assist the parties in reaching an agreement—they do not render a judgment. Arbitrators, on the other hand, hear both sides of the dispute and make a ruling. Whether an arbitrator's ruling is binding depends on the way the real estate contract was written. If the contract states that arbitration is nonbinding, parties unhappy with the outcome of arbitration can still end up in front of a judge and jury, or at least a bench trial, to determine damages or compel performance of a contract. Litigationis a drastic measure that costs the parties enormous amounts of time and money. If you work for a real estate attorney, you will probably be drafting and reviewingpleadings and other documents related to real estate disputes.You may find yourself participating in an investigation to help attorneys determine how to proceed, especially if the dispute is related to construction defects or other liability issues. But there might be something about the purchase and sale agreements someone objects to. This could involve partners in the agreementwho are fighting with each other—disputes aren't just between buyers and sellers. This resource provides instruction for users to: Describe the various forms of informal adjudication and formal litigation in real estate dealings Prepare pleadings and pertinent documentation for various means of real estate arbitration Prepare pleadings and pertinent documentation for various means of real estate arbitration Identify ethical dilemmas that paralegals may encounter during real estate transactions Analyze ethical issues related to real estate law

• Resolving Disputes In Real Estate

Foreclosure

• Foreclosure

Civil Procedure

The Paralegal In Civil Litigation

Civil litigation is a legal dispute that involves a civil wrong, such as personal injury or breach of contract. It differs from a criminal action, which is brought by the government on behalf of its citizens to address a transgression that violates the penal code. A civil lawsuit generally comes to court after negotiations have failed to resolve the matter.

Paralegals are integral to the civil litigation process as a member of a team of legal professionals who investigate, research, and advocate the client's cause. You should become familiar with the typical members of that team, focusing particularly on the paralegal's role. The complexities of civil litigation demand a lot from paralegals. An understanding of the basic requirements will help prepare you for that role. Recognizing the way that paralegals fit into the team will make the entire litigation process more efficient.

This resource provides instruction for users to:

  • Define the primary role of each member of the legal team
  • Identify typical members of the legal team
  • Explain the rules governing paralegal participation and certification in your jurisdiction
  • Describe the role of the paralegal in various legal environments
  • Outline the tasks typically performed by paralegals in civil litigation
  • Summarize the ethical rules governing civil litigation in your jurisdiction
  • Apply ethical rules governing civil litigation in your jurisdiction to a case study
  • List the types of skills required for a litigation paralegal
• The Paralegal In Civil Litigation

Client Interviews and Investigations

• Client Interviews and Investigations

Organizing and Managing Civil Litigation

Modern litigation involves manipulating hundreds or thousands of documents, photographs, and graphic displays. The legal team must scrupulously track, store, examine, evaluate, and index this massive amount of material. This process can be daunting unless the legal team, especially the paralegal, has sound organizational policies, practices, and methodologies to handle these items.

Preparing for trial creates additional case management challenges when handling such evidence as paper exhibits, trial graphics, briefs, demonstrative evidence, and a trial notebook. The digital age has streamlined the organization and management of civil litigation with many sophisticated new tools. Similarly, it has had a major impact on office management and legal research. The traditional binder notebook has evolved to become the electronic case management system. Specialty software has been designed to address specific aspects of civil litigation and law office management. Finally, the Internet and online legal research databases greatly support the diverse roles paralegals play during the litigation process.

This resource provides instruction for users to:

  • Identify the components of a case notebook
  • Describe various types of case management software
  • Build a timeline to track deadlines throughout the case management process
  • Describe various types of case management software
• Organizing and Managing Civil Litigation

Evidence

Evidence is the information presented in court that enables the jury and the judge to decide a particular case. Evidence represents the facts or ammunition the legal team needs to prove or contest the matter at issue. It may be testimonial (live or otherwise), tangible, documentary, or demonstrative. Regardless of its form, the judge and the jury use evidence to decide the truth of an assertion, the existence of fact, and ultimately, whether the plaintiff has met the preponderance of evidence (burden of proof) necessary to establish the defendant's liability.

Paralegals should be aware of the rules that control the evidence a jury can hear and the exceptions to those rules. For example, the rule against hearsay forbids the use of out-of-court statements to prove the truth of a matter. These rules are designed to protect the integrity of the system and to ensure fairness and consistency in the courtroom. Paralegals must possess a keen understanding of the various types of evidence and, crucially, what constitutes admissibility or non-admissibility. The Federal Rules of Evidence and the applicable rules of your jurisdiction are invaluable in evaluating evidence and its applicability and admissibility. The rules of evidence can be somewhat complicated and are always subject to a court's interpretation; however, they are fundamentally logical and are absolutely necessary to master.

This resource provides instruction for users to:

  • Differentiate between admissible and inadmissible evidence
  • Summarize the Federal Rules of Evidence
  • Determine the appropriate use for each type of evidence
  • Recognize each type of evidence
  • Select appropriate evidence to support a civil case
• Evidence

Settlement and Alternative Dispute Resolution (Adr)

• Settlement and Alternative Dispute Resolution (Adr)

Pleading, Complaint, Summons, and Service

• Pleading, Complaint, Summons, and Service

Responses To A Complaint

• Responses To A Complaint

Introduction To Discovery

• Introduction To Discovery

Issues In Electronic Discovery

or centuries, paper was integral to the legal profession and was once even specially sized to distinguish it as "legal." But those days are long past. Today, it is nearly impossible to avoid including electronically stored information in a discovery effort. Whether the documents sought were created electronically or were originally on paper and then converted into an electronic format for document management or trial presentation, digital media is now ubiquitous.

This places new and interesting demands on paralegals, who often play a vital role in discovery. You must be familiar with such technological terms and processes, such as auto coding, metadata, and filtering, and understand the issues inherent to e-Discovery, particularly with regard to privilege and client confidentiality. Efficient protocols are essential. Perhaps most important, the "tech" side of the law firm can no longer be isolated from the "legal" side. Without coordination, expensive equipment and software will be underused or misused, resulting in ethical or procedural errors that could cost the client dearly. Paralegals are the logical liaison and must foster the skills to manage this process effectively.

This resource provides instruction for users to:

  • Outline the electronic discovery process
  • Summarize the Federal Rules of Civil Procedure that apply to electronic discovery
  • Identify ethical issues related to the electronic discovery process
• Issues In Electronic Discovery

Interrogatories and Requests For Production

Two of the most frequently used methods of discovery are interrogatories and requests for production of documents. These methods are similar in that both are written requests to the opposing party and must be answered within a fixed period of time. They are addressed to parties, not to witnesses, in the lawsuit. Sometimes, however, documents or inspection permissions may be requested of nonparties through a subpoena duces tecum. An example of a nonparty request is getting hospital records directly from the hospital rather than from the party. Interrogatories and requests for production are vital to develop other lines of investigation and additional discovery requests. Remember that the questions asked in your interrogatory must be pertinent, specific, and well drafted to avoid leaving wiggle room for a defendant or witness who doesn't wish to reveal much.

The use of interrogatories and requests for production of documents can be a laborious exercise as you craft a set of questions that will eventually help you discover unknown information about the opponent and his or her strategy, evidence, and overall case strength. However, interrogatories and requests for production can also be viewed as an investigation that, if properly carried out, will eliminate sleepless nights worrying about any surprises at trial.

This resource provides instruction for users to:

  • Describe documents used for discovery in civil cases
  • Prepare an interrogatory
  • Prepare a request for production
• Interrogatories and Requests For Production

Depositions and Other Discovery

Preparation for deposition day frequently falls squarely in a paralegal's lap. It may be a single event, perhaps with both parties and their attorneys, or it may be a complex series involving multiple witnesses that spreads over several days. Scheduling can be difficult because the paralegal needs to consolidate the required depositions as efficiently as possible to save time and money, while accommodating the time constraints of the parties, court reporters, videographers, and witnesses. Add the need for both attorneys to be on hand (except for depositions on written questions), and finding a suitable block of time that works for all participants becomes a scheduling nightmare.

As a requirement of due process, proper notice must be given to the court, the court reporter, and the opposing side. Also, witnesses must be served subpoenas and subpoenas duces tecum. In addition, the client and/or witnesses must be prepared for the first oral statement under oath. When the deposition is at last under way, the attorney takes center stage, which permits the paralegal to play a subtler role, observing the reactions of the opposing counsel and the party or the witness as questions are asked.

This resource provides instruction for users to:

  • Summarize the use of different types of depositions
  • Prepare a digest of testimony based on a deposition
• Depositions and Other Discovery

Trial Preparation From Post-Discovery To Pretrial

The period after discovery and before the trial commences is by no means idle, even though the discovery deadlines have passed and that phase has slowed. Preparing the trial notebook, keeping witnesses on their marks, researching for pretrial memoranda and trial briefs, obtaining subpoenas, and preparing for electronic trial presentations all require diligence on the part of the paralegal. One often-overlooked part of this preparation is familiarity with the presiding judge. Knowing a judge's proclivities and preferences can help the legal team assess matters as disparate as the correct approach for the trial brief to the management of witness availability.

Paralegals can be an important resource in this regard. As the trial date draws near, your research and organizational skills will continue to be relied upon. The trial notebook must be updated and ready for the supervising attorney's review. Witnesses must be properly briefed and acclimated. Perhaps most important, paralegals must be fully prepared to effectively manage the unexpected, such as a malfunctioning PowerPoint presentation or an overwhelmed client. Grace under pressure could be the case's defining moment.

This resource provides instruction for users to:

  • Describe the types of facts commonly presented in civil trials
  • Summarize the legal issues involved in civil trials
  • Describe the components of a pretrial memorandum
  • Compose a memo to an attorney
  • Summarize an issue related to a civil case
  • Identify the elements of a trial brief
• Trial Preparation From Post-Discovery To Pretrial

Trial

More than 90% of all civil litigation is resolved before trial. The more prepared the parties are for trial, the less likely the case will get there. Preparation ensures familiarity with both the law and the facts, which leads to an objective assessment of the case's strengths and weaknesses. Preparation means compromise is more likely because fundamental issues have been fully researched. Therefore, preparation can help just as much in avoiding a trial as it does in proceeding with one.

Sometimes, however, your case will fall in the 10% that go to trial. You'll need a working knowledge of the entire trial process, including motions and legal memoranda, scheduling, and docket issues, including jury challenges, the entry of judgment, and the actual trial. In addition, paralegals must be aware of how and when their skills fit into the trial process. Paralegals often have multiple responsibilities during trial, including creating the jury chart, handling evidence, and quickly producing impeachment material if the occasion arises. In addition, they will likely be expected to perform specific tasks, such as assisting the witnesses and overseeing exhibits. Paralegals should always be thinking ahead in the process to assist with the unexpected and upcoming events in the litigation process.

This resource provides instruction for users to:

  • Outline the process of a civil case trial
  • Prepare a summary of an evidentiary issue presented as a motion at trial
• Trial

Post-Trial Procedures

• Post-Trial Procedures

Enforcement of Judgments

• Enforcement of Judgments

Criminal Law & Procedure

Purpose and Sources of Criminal Law

Criminal law is among the most dynamic fields in American law and involves a significant body of rules, court cases, and concepts. Criminal procedure establishes the guidelines for bringing an accused citizen to justice for committing a crime. To fully comprehend specific issues regarding criminal law and procedure, you must first understand both the roots of those issues and the system through which they are adjudicated.

By learning about English common law and the notion of precedent, the framework and boundaries set forth by the U.S. Constitution, and the structure of the legal system, you will have the knowledge necessary for that understanding. In addition, you will need a working knowledge of the various theories of criminal behavior and the key distinctions between criminal and civil proceedings. The paralegal must, in short, have a broad framework in place before considering this subject in more detail.

This resource provides instruction for users to:

  • Describe English common law
  • Identify the sources of criminal law in the United States
  • Explain the major theories of law and schools of jurisprudence
  • Distinguish criminal law from civil law
  • Outline the U.S. judicial system
  • Outline the investigation, arrest, and pretrial components of the criminal process
  • Outline the process of a criminal case trial
  • Describe the appeal phase of the criminal process
  • Identify the conditions of serving a sentence
  • Outline criminal procedure
  • Summarize the guarantees of the U.S. Constitution
  • Describe how the guarantees of the U.S. Constitution are evident in criminal law and procedure
• Purpose and Sources of Criminal Law

Criminal Offenses

A crime is a wrong against society or the public interest, with punishment ranging from fines to imprisonment to death. Criminal law is designed to protect and vindicate public rights. Intent, action, and harm are basic components of a crime, although the only universal one is action (or inaction).

As a paralegal, it's important that you have a general understanding of the fundamental concepts and elements of crime, such as corpus delicti, the levels and necessity of intent, and the ramifications of acts and omissions. Having a firm grasp of the basics will help you effectively examine specific offenses.

This resource provides instruction for users to:

  • Describe how an act or omission may be a crime
  • Describe mens rea
  • Describe actus reus
  • Describe causation of criminal offenses
• Criminal Offenses

Crimes Against The Person

Murder strikes an ancient chord in most of us, invoking an instinctual aversion to depriving a fellow human of his or her most basic right, life. Visceral as that reaction may be, logic, compassion, and the law have evolved to view homicide as a many-faceted crime. Although common law once regarded murder as a cut-and-dried offense with execution the only appropriate punishment, today's laws consist of a variety of distinctions and degrees of the offense, from first-degree murder to justifiable homicide.

As a paralegal, you will need clarity about this vast and complicated topic, including the definition and degrees of murder, the distinctions between voluntary and involuntary manslaughter, and the importance of intent in differentiating among all kinds of killings. Furthermore, current debates surrounding such matters as assisted suicide and infanticide demonstrate the ongoing fluctuations in public views and the law's response. Homicide may be among the oldest of crimes, but the legal interpretation and evaluation of it is never stagnant.

This resource provides instruction for users to:

  • Define murder and its various degrees
  • Explore examples of inchoate offenses
  • Define manslaughter and its various types
• Crimes Against The Person

Other Crimes Against The Person

Though crimes against the person do not necessarily involve loss of life, they often include an ugliness and subjugation that can cause lasting physical and psychological scars on the victim and make bystanders instinctively recoil. This natural abhorrence is compounded by the disproportionate number of female and child victims in many of these offenses.

Rape, domestic violence, abduction, and child abuse, for example, all strike women and children far more often than men. But no crime against the person is without a substantial impact on society. Assault, sex crimes, and stalking all take their toll, and hate crimes have intentions and repercussions that fly in the face of civilized people. Never is a legal system more imperative than when emotions run high. It is therefore incumbent upon the paralegal and other members of the legal team to understand the historical origins, current components, inherent or legal difficulties, and social implications of these kinds of crimes.

This resource provides instruction for users to:

  • Examine the variations of violence against the person
  • Describe the elements of each variation of violence against the person
• Other Crimes Against The Person

Crimes Against Property

People have come up with scores of ways to deprive one another of property throughout the ages, and the courts have striven to keep up with the times. This is why it's important to take a look at the past to fully appreciate the present. To that end, you should be aware of the strong connection between contemporary property rights and common law. This requires both a basic grasp of what property actually is and a familiarity with the origins and evolution of property crimes.

Some offenses, such as larceny, arson, burglary, and extortion, retain interesting and influential ties to their historical counterparts. Others, including cybercrime and carjacking, are clearly products of the modern era. You should know the elements of today's crimes against property, while always keeping the broader context in mind.

This resource provides instruction for users to:

  • Explore rights associated with each type of property
  • Examine theft and its classifications
  • Define arson
  • Define robbery
  • Define burglary
• Crimes Against Property

Crimes Against Security

Since the September 11, 2001, terrorist attacks on the United States, national security issues have been thrust on center stage. The need to maintain order and protect public safety has become intensified, resulting in limitations on individual rights that many people may find troubling. Hence, today's great debate is about where the balance should lie between freedom on the one hand and safety and security on the other.

Legal professionals with a deep understanding of both the history and contemporary realities of crimes against security are increasingly in demand. To meet this new need, you must be fluent in such matters as Constitutional war powers, First Amendment rights, the ramifications of military tribunals, and the nature of terrorism itself.

This resource provides instruction for users to:

  • Research the rights of a U.S. president during times of war or armed conflict
  • Define treason with respect to the provisions in the U.S. Constitution
  • Explore terrorism with respect to the provisions of the Patriot Act of 2001
• Crimes Against Security

Crimes Against The State

• Crimes Against The State

Social Crimes

• Social Crimes

Common Law and Constitutional Defenses

How responsible is a defendant for an alleged offense? This is a question that is central to the criminal prosecution process. Criminal defenses are invoked to explain the defendant's behavior in an effort to either escape liability or mitigate the severity of the charge or penalty. Was he or she defending his or her home from an armed intruder? Did a long-abused woman finally attack her tormentor? Or perhaps the defendant simply had drunk far too much.

Whether you are a member of a team representing a person charged with a crime or you are working with the district attorney's office building a case against the accused, you need to understand the nature of the defenses that may be raised at trial. These include: The common law defenses and their essential elements The concept of self-defense and when nondeadly and deadly force can be used Under what circumstances consent is a defense When mistake of law and mistake of fact are viable The essences of entrapment The consequences of voluntary and involuntary intoxication The different standards for the insanity defense and how each operates.

This resource provides instruction for users to:

  • Outline defenses rooted in common law, statutory law, and the Constitution that are available to a criminal defendant
  • Analyze a crime scenario using various sources of law
  • Design a defense for a crime scenario using various sources of law
• Common Law and Constitutional Defenses

Paralegal Ethics

Ethical considerations and constraints are cornerstones of the legal profession. The obligation to keep client confidences, avoid conflicts of interest, not engage in the unauthorized practice of law, and advocate for the client without becoming overzealous are all crucial. Paralegals must also respect the privileges that are recognized by law between an attorney and client, husband and wife, priest and penitent, and patient and counselor.

As a paralegal, it's important for you to be well acquainted with both the nature of these duties and the manner in which you must comply with them. This requires an understanding of the rules and the attendant obligations to the client, your supervisor, and the court. It is important for everyone that the law prosecutes the guilty without destroying the fundamental concepts of fairness and privacy that have been recognized for centuries in our legal system.

This resource provides instruction for users to:

  • Examine how confidentiality may create ethical challenges in a criminal case
  • Examine how attorney-client privilege, husband-wife privilege, priest-penitent privilege, and patient-counselor privilege may create ethical challenges in a criminal case
  • Research how conflict of interest impacts a criminal case
  • Explore how unauthorized practice of law is a crime
  • Explore how zealous representation could impact a criminal case
• Paralegal Ethics

Rights Before Arrest

Perhaps more than anything else, it is the rights guaranteed to those accused of a crime that define the criminal justice system in the United States. These rights reflect the underlying concepts of fairness and due process of law so inherently that many of them (or their attendant terms) are household words. Miranda rights, search and seizure, probable cause, and double jeopardy, for instance, are likely already familiar to you through books, television, and movies. Others, such as ex post facto laws or bills of attainder, may be more obscure. Exploring constitutional protection against unreasonable searches and seizures, for example, will help you understand how such rights came about and understand the implications of technology on performing searches.

As a paralegal, you must have a thorough understanding of all rights guaranteed to the accused, from the requirement for a search warrant to the exclusionary rule, along with their restrictions and interpretations. You must also be aware of the potential threats to these rights as law enforcement attempts to address security issues in an increasingly dangerous world.

This resource provides instruction for users to:

  • Explore the constitutional protection against unreasonable searches and seizures
  • Explore why probable cause and sufficient proof are required for a search warrant to be issued
  • Examine the exclusionary rule and how searches may be conducted without a warrant
  • Describe the law on using technology for searches
• Rights Before Arrest

Arrest and Interrogation

It is hard to overestimate the gravity of losing one's liberty. Police stops, detainments, and arrests are all restraints on a person's freedom and, therefore, are treated exceedingly seriously by the law. The successful paralegal must be intimately acquainted with the criminal procedures surrounding arrest and interrogation and the accompanying rights of the accused. These include the legal standards required for arrest, stop and frisk, and mere queries by police officers. Others are the Miranda warning; rights to counsel, reasonable bail, and not to incriminate oneself; what the exclusionary rule entails; and when a suspect can be compelled to produce physical evidence.

Specifically, by researching the Miranda ruling, you will better understand its impact on interrogation and confession guidelines during the arrest process. Additionally, becoming familiar with such legal mechanisms as grand juries and plea bargaining will help you better understand the criminal justice system. Protecting a defendant's rights can sometimes seem frustrating or unfair, but preventing arbitrary arrest or confinement is the very foundation of our criminal justice system.

This resource provides instruction for users to:

  • Explain the components of arrest in criminal procedure
  • Research how the Miranda case impacts interrogation and confession guidelines during the arrest process
  • Examine when physical evidence can be compelled from a defendant without violating the right against self-incrimination
  • Explore the grand jury system
• Arrest and Interrogation

Representation

The arraignment, preliminary hearing, and grand jury (where required) are stages of a criminal case as it moves from the investigative phase to formal prosecution of the defendant. The U.S. Constitution and Supreme Court decisions substantiate how important these phases of a criminal case can be as the essential right to counsel comes to the forefront. Frequently in criminal cases, the accused citizen is indigent and requires the assistance of a public defender or court-appointed attorney. The public defender's office provides dedicated defense counsel to the majority of those accused of crimes.

In addition to the right to an attorney, the defendant also has the right to have his or her trial heard as soon as possible to avoid prejudice to the defense's case and unnecessary pretrial confinement or restriction of liberties. The paralegal must understand both the formal proceedings at hand and the relevant constitutional rights. The early stages of criminal prosecution often dictate how the matter eventually becomes resolved.

This resource provides instruction for users to:

  • Distinguish an arraignment from a preliminary hearing
  • Explore the right to counsel and the use of a public defender
  • Describe the right to a speedy trial
• Representation

Trial

Most nations have abandoned the jury system, but the United States continues the tradition of having average citizens decide a defendant's fate before a judge in an adversarial process. The jury system requires the involvement of civilians, who must sift through the evidence, apply the law, and weigh the value of arguments. Although they sometimes yield problematic results, juries remain a cornerstone of our criminal justice system.

Learning about the beginnings of the trial system can help you understand the manner in which it has developed into a constitutional right. You should also have an understanding of how today's juries are chosen, their role in court proceedings, the authority they possess, and the challenges they may face. Knowledge of the general structure of the court system and its personnel is also important, because you may be called upon to assist with jury selection or jury challenges. You must be well versed in the process to lend a capable hand.

This resource provides instruction for users to:

  • Analyze the provisions in the U.S. Constitution that require trial by jury in criminal cases
  • Define jury
  • Explain how members of a jury are selected
  • Explore the impact of pretrial publicity on a jury
  • Examine the intent of "beyond a reasonable doubt"
• Trial

Post-Conviction Rights

• Post-Conviction Rights

Contract Law

Overview of Contract Law

Whether a firm will be representing a client who wants to enforce a contract or one who has breached a contract, the paralegal needs to understand the roles of the parties involved in a contract, the concepts of offer, acceptance, and consideration, and the laws that govern contracts. A contract is a legally enforceable agreement, which means the breaching party can be made to pay damages or perform the contract. All contracts must have an offer and an acceptance. Under traditional contract law, the offer and the acceptance must be identical. Changes to the offer are called counteroffers. Consideration is also a required element of an enforceable contract.

If there is a dispute involving the consideration, courts will only determine whether the element of consideration is present, not whether it is adequate, when deciding that a contract is valid. Common law governs most contracts. Some contract law is codified by state legislatures. Codified contract law is called the Uniform Commercial Code (UCC) and was enacted to facilitate commercial transactions. The UCC contains nine articles. Article 2 governs the sale of goods, and Article 2A governs leases. Each state has adopted some part, if not all, of the UCC. However, some of the sections of the UCC provide options, and which options are selected may vary by state. Contracts are classified into several categories. Some categories involve the validity of the contact, while some involve methods of contract formation.

This resource provides instruction for users to:

  • Describe the elements of a contract
  • Describe the types of contracts
• Overview of Contract Law

Formation of Contracts

• Formation of Contracts

Assent and Consideration

Consideration is a necessary element of contract formation. Without it, the parties cannot enter into a legally binding contract. Consideration must also be apparent in the document or agreement. A deed, for example, states that the transfer of land is made for valuable consideration. The language of a contract does not always clearly state what the consideration is. If an agreement has no consideration, then it is an illusory promise that is not enforceable.

The Uniform Commercial Code has exceptions to the strict rule of consideration under common law, one of which involves output and requirements contracts. Best efforts is a term used to address consideration in these types of contracts. When disputing parties resolve differences with regards to a contract, they may do so on their own or through the court system.

This resource provides instruction for users to:

  • Describe the types of contracts
  • Describe the elements of a contract
• Assent and Consideration

Parties Affected By The Contract

Contracts are entered into on a daily basis, often without people knowing it. Most contracts are not written but are contracts just the same. For example, when people get their hair cut, a contract is formed. The person pays the hairstylist for the service, and the hairstylist cuts the person's hair in exchange for money. A legally bargained-for exchange takes place. Other examples of everyday contracts an individual may enter into include shopping at the supermarket or paying rent monthly for a place to live. Contracts may be oral, written, or implied in fact. Paralegals may be asked to assist in the drafting of a contract. In order to create a contract, certain elements must exist. Contractual intent and capacity must be present. The parties must have an offer that contains their identities. In addition, the subject matter of the contract, the price, and the time for performance must be included. Also, there must be an acceptance by the offeree and consideration (a legally bargained-for exchange) for a contract to be valid.

Contractual capacity is necessary when parties are contracting. Is one party dealing with a minor, a mentally incapacitated person, or someone who is intoxicated? For contractual purposes, is there a difference between a person who has been declared legally incompetent by a court and a person with emotional problems? Further, if someone is adjudged mentally incompetent, versus someone who has periods of being lucid and not being lucid, the contract is often declared void.

This resource provides instruction for users to:

  • Describe the elements of a contract
  • Write a generic contract
  • Define contractual capacity
  • Describe assignable contract rights
  • Determine appropriate responses to hypothetical situations related to contract law
• Parties Affected By The Contract

Fraud

• Fraud

Contracts In Writing

• Contracts In Writing

Third-Parties and Contracts

• Third-Parties and Contracts

Remedies For Breach of Contract

• Remedies For Breach of Contract

Contracts In An E-World

The electronic world is part of our everyday lives. Some people take classes online and use word-processing programs for class assignments, while others make purchases online. Internet usage can result in the formation of agreements, or contracts, in various ways. If you purchase a book, e-book, vehicle, software, or antique through an Internet site, you have created a contract.

Using an e-signature and/or clicking a tab that indicates an order will be submitted will often be construed as creating a contract for products or services advertised on the web. People who download software from the Internet or purchase software from an Internet site are agreeing to use the software as the licensor (the manufacturer or owner of the license) intends. If the licensor requires that the software only be used on one computer, the person downloading the software agrees to this term. The licensor is agreeing to provide the purchaser (the licensee) with a copy of the software that works as it is intended to work. If there are breaches on the part of the licensor or licensee, remedies are available to put the non-breaching party back into the position he or she was in before entering the contract. When an offer and an acceptance are communicated by email or through use of an Internet website, a contract can be formed. E-signatures are just as valid today as handwritten ones.

This resource provides instruction for users to:

  • Describe how to formulate a contract electronically
  • Describe remedies for breach of contract relating to the Internet or electronic technology
• Contracts In An E-World

The Uniform Commercial Code​

The Uniform Commercial Code (UCC) has been adopted in all, or in part, by each of the 50 states. The nine articles of the UCC set forth rules that have been designed to implement and facilitate commercial practices. The articles govern sales of goods, leases, negotiable instruments, banking and credit, letters of credit, bulk transfers, and secured transactions. The history of laws involving commerce dates back several centuries. Commercial contracts can be contracts between individuals and businesses or between businesses and other businesses. A lease is different from a sale because a sale transfers ownership in the goods, while a lease transfers the right to use goods for a specific period. In a leasing situation, the goods will be returned at a specified time, but there may be, as part of the contract, the opportunity to purchase the goods at the time of return.

The elements contained in a commercial contract are similar to other contracts—there must be an offer, consideration, and acceptance in order for a contract to be valid. Still, the rules for validity in a contract are more flexible under UCC rules. For example, new consideration is not required when a modification is made to a contract.

This resource provides instruction for users to:

  • Examine issues on which the common law overrides the UCC
  • Produce a common law contract template
  • Prepare instructions for using a common law contract template
  • Describe how the Uniform Commercial Code (UCC) governs sales contracts 
  • Produce a UCC contract template
  • Prepare instructions for using a UCC contract template
• The Uniform Commercial Code

Performance of UCC Contracts

Paralegals may be asked to research issues involving the performance or nonperformance of the other party for a client. Paralegals may also be asked to assist in the drafting of a contract for the sale of goods, and so a familiarity about clauses that pertain to performance is helpful. Under the Uniform Commercial Code (UCC), contracts for the sale of goods must identify the goods. Contracts interpreted by the common law are also required to describe the subject matter of the sale. But what is different about permissible UCC contract language is that the goods can be described by their uniqueness or merely identified when taken from inventory. Will the goods be transported by ship? By truck? By air? Who bears the risk of loss where there is a contract for the sale of goods? Do the shipping terms influence who bears the risk of loss? Does the point of delivery—or pickup—have a bearing on risk of loss?

These details help to protect both parties and should be included in a commercial contract. Provisions defining breach of contract remedies, should also be included. Because the firm's client may want to know more about dealing in the conditional sale of goods, paralegals need to understand conditional sales. The purchase of stolen goods can also cause a problem for a client. As a paralegal, you will need to understand why a problem exists, what remedies—if any—the client has, and whether the client has any possibility of obtaining the item's title.

This resource provides instruction for users to:

  • Describe the types of contracts
  • Describe the elements of a contract
  • Determine the party that bears risk of loss under various contract situations
  • Define passage of title
• Performance of UCC Contracts

Remedies For Breach of UCC Contracts

A seller under a sale of goods contract has certain duties to perform. The seller is obligated to tender delivery, or to set goods aside and hold them in the buyer's name. Delivery does not necessarily mean shipment to the buyer's place of business. Delivery can mean that a buyer will pick the goods up at the seller's location. Delivery can also mean that the seller will take the goods to a common carrier for shipment. A seller also has the duty to deliver the goods in conformity with the agreement the parties entered into. Who bears the risk of loss for any damages must be included in the shipping terms. If it is expressed as FOB (Free on Board) destination, then the seller bears the risk of loss. If it is expressed as FOB carrier, then the carrier bears the risk of loss for any damages incurred before the goods' arrival to the buyer.

The main duty of the buyer is to pay for the goods that he or she accepts. Payment methods can range from payment in advance to payment by credit card to payment upon delivery. The buyer must also inspect goods to make a determination regarding acceptance. A buyer may reject nonconforming goods or may accept and then revoke the acceptance of goods. The seller and the buyer also have remedies pursuant to the terms of their contracts, including damages and/or specific performance. Available damages could be compensatory, consequential, or nominal.

This resource provides instruction for users to:

  • Determine whether a breach of contract occurs in a hypothetical situation
  • Describe how the Uniform Commercial Code (UCC) governs sales contracts
  • Determine appropriate damages for hypothetical situations in which breach of contract has occurred
  • Describe remedies for breach of a sales contract
• Remedies For Breach of UCC Contracts

Warranties Under the UCC

Mary's boyfriend, Jack, enjoys woodworking. For his birthday, Mary decides to purchase him a combination tool. Mary tells the retailer the kind of a tool she would like. The retailer shows her a leaflet and suggests a particular tool that would do what Mary has specified. Jack is thrilled with his gift and uses it for about one week before the tool breaks and a part of it hits him in the head. Jack is injured seriously and sues the product's manufacturer. Jack's claim is a products liability claim because he claims he was injured by a defective product.

A defective product is deemed so only after it leaves the manufacturer and was placed in the stream of commerce. Jack believes the manufacturer is liable for his injuries and files suit alleging several theories of recovery. Jack alleges the manufacturer entered into a contract with the purchaser to provide a safe product, and when the tool injured him, the manufacturer had breached express and implied warranties about the product. Jack also alleges the manufacturer misrepresented the product and was negligent because it had a duty to warn him of the tool's dangers. The other negligence claim was that the manufacturer had a duty to design a safe product. Jack's final theory for recovery was strict liability. What is strict liability?

This resource provides instruction for users to:

  • Relate tort law doctrine to breach of contract
  • Describe remedies for breach of sales contract
  • Prepare a checklist for a memorandum of law
  • Write a memorandum of law for a contract issue
  • Research a contract problem
  • Categorize problems in a contract case
• Warranties Under the UCC

The Relationship Between Torts and Contracts

• The Relationship Between Torts and Contracts

Special Forms

• Special Forms

Family Law

Introduction To Family Law

Family law covers a wide variety of challenging issues and has incorporated a number of important developments in recent years. These include no-fault divorce, reproductive technology, and same-sex partnerships. It is, in short, an especially vibrant and exciting area of legal practice. The family law paralegal will be working on cases ranging from divorce and property division to adoption and proof of paternity/maternity. To address such legal actions, you will first need to learn about what your job entails, how the client intake process operates, basic jurisdictional issues, research resources, and ethical dilemmas you may encounter. It is paramount that you have a clear understanding of the division of labor between paralegals and attorneys, because the roles sometimes overlap. Attorneys rely on their paralegals tremendously, but you must always take great care to be aware of both the limitations and possibilities of your new career. This resource provides instruction for users to: Identify the types of cases paralegals work on as members of a family law team Outline the client intake process Describe differences between subject matter, personal, and in rem jurisdiction Identify legal resources used by paralegals to research family law issues Describe the doctrine of respondeat superior Describe ethical issues related to conflicts of interest and attorney-client communications Propose appropriate actions in response to hypothetical ethical dilemmas

• Introduction To Family Law

Premarital Agreements

Premarital agreements are becoming more widely regarded as a sensible marriage-planning device, rather than a subversive tool to undermine the institution of marriage and promote divorce. This new perception can be attributed to a variety of societal shifts that include the push for gender equality. As these agreements become more common, the family law paralegal must be able to effectively deal with them. That involves understanding their purpose, typical provisions, and requirements for validity, as well as knowing who might be best served by their use. It is also important to know the legal approaches most often employed to determine enforceability, particularly the one your jurisdiction favors. Careful attention to the facts, the client's needs, and the applicable state law is always essential.

This resource provides instruction for users to:

  • Describe the nature, purpose, and scope of premarital agreements
  • Apply rules, procedures, statutes, and case law related to premarital agreements in your jurisdiction to a case study
  • Locate forms needed to process family law cases in your jurisdiction
  • Draft a premarital agreement 
  • Describe how current trends and changes in society are affecting the enforceability of premarital agreements
• Premarital Agreements

Marriage

There was a time when marriage didn't invite much comment in the United States. It was a sacred and permanent joining of a man and woman, generally with the goal of producing children. Today, however, such unions encompass a broad range of possibilities and frequently generate rigorous debate. The family law paralegal must be equally well versed in the traditional and the contemporary in order to perform his or her duties well. It is important to know the kinds of marriage that are currently recognized, and the benefits that its participants enjoy. Likewise, you will need to understand the requirements for a valid marriage and the manner in which it is regulated by the state.

Marriage has been clearly designated as a fundamental right by the U.S. Supreme Court, and the ramifications—especially with regard to same-sex partnerships—are essential to grasp. It is difficult to imagine a more primary sea change in the practice of family law than the advent of legal same-sex unions. The implications and obligations inherent to such change will only increase with time.

This resource provides instruction for users to:

  • Conduct research related to family law case studies
  • Give examples of governmental regulation of the fundamental right to marry
  • Identify common legal requirements for valid ceremonial and common law marriages
  • Apply rules, procedures, statutes, and case law related to marriage in your jurisdiction to a case study
  • Identify basic types of rights and benefits that flow from marriage
  • Describe how changes in state laws related to same-sex marriage are affecting family law practice
• Marriage

Annulment

Suppose that you married the man of your dreams two months ago after dating briefly. During the whirlwind courtship, your partner seemed to have a great personality and sense of humor, was always upbeat, had numerous assets and generously spent money on you, and was eager to have children. But now the dream has become a living nightmare. Your new husband has turned out to be a heavy-drinking gambler who is deeply in debt. He is prone to serious depression and has no interest in sharing an intimate relationship with you. In fact, he recently told your brother that he is physically incapable of having children. Your spouse is a stranger to you, and your marriage is certainly not what you expected it to be. You are heartbroken, humiliated, and confused.

What can you do about this unfortunate turn of events? Should you try to tough it out or get a divorce? Or is an annulment the best way to go?

This resource provides instruction for users to:

  • Conduct research related to family law case studies
  • Identify differences between annulment and divorce
  • Describe the two types of grounds for annulment that are common in many states
  • Identify defenses to and consequences of annulment
  • Draft a document to bring an annulment action
  • Apply rules, procedures, statutes, and case law related to annulment in your jurisdiction to a case study
• Annulment

Nonmarital Families

Although traditional marriage is alive and well, nonmarital long-term relationships are steadily gaining in popularity and recognition. This evolution in the fundamental concept of family provides unique opportunities and challenges for the family law professional.

The many permutations of nonmarital relationships fall under the broad label of cohabitation, so it is vital to be well acquainted with it. This includes understanding the differences between cohabitation and marriage, knowing the dangers inherent in a lack of legal status (including measures unmarried partners can take to protect themselves), and recognizing the types of relief a court might grant when a cohabitation relationship dissolves without a governing contract. You will also need to be aware of the trends in same-sex partnerships, such as civil unions and their defining characteristics. There was a time when family law resources rarely addressed nonmarital issues, but that era has passed.

This resource provides instruction for users to:

  • Articulate the legal differences between cohabitation, domestic partnership, civil union, and marriage
  • Conduct research related to family law case studies
  • Describe the common elements of a cohabitation agreement
  • Identify forms of relief available to cohabiting partners when their relationship dissolves
  • Draft a cohabitation agreement Propose appropriate actions in response to hypothetical ethical dilemmas
  • Propose appropriate actions in response to hypothetical ethical dilemmas
  • Draft a cohabitation agreement
  • Apply rules, procedures, statutes, and case law related to non-marital families in your jurisdiction to a case study
• Nonmarital Families

Parenthood

Scotty, a seven-year-old boy, is playing with his friends in his grandmother's yard. One of his playmates asks him, “Who are your mommy and daddy?” Scotty answers, “I don't know, I'm adopted.” Scotty's biological mother is Maria, a single woman who wanted children but was unable to carry and bear a child due to medical reasons. She decided to explore having a child using a surrogate and located a suitable sperm donor and a woman to serve as a gestational surrogate mother with the consent of her husband. Scotty was released to Maria three days after he was born. Two years later, Maria decided she had made a mistake and was not at all suited to be a parent. She asked her friend, Deb, if she and her husband, Dennis, would raise Scotty for her, and they agreed to do so with the idea that they would adopt the boy later. Scotty calls her “mum.”

This may be a far-fetched scenario with respect to just one child, but it highlights the ways in which the very concept of parenthood is changing. As a paralegal, you must be able to tap into those changes to ensure the client's needs are satisfied.

This resource provides instruction for users to:

  • Describe methods of establishing legal parentage
  • Conduct research related to family law case studies
  • Apply rules, procedures, statutes, and case law related to parenthood in your jurisdiction to a case study
  • Describe paternity fraud
  • Propose appropriate actions in response to hypothetical ethical dilemmas
  • Outline how parenthood may be disestablished
  • Describe issues surrounding assisted reproductive technology as related to family law practice 
• Parenthood

Adoption

• Adoption

Family Violence

• Family Violence

Divorce Process

There are four ways partners can change their marital status: annulment, legal separation, separate maintenance, and divorce. Each has its own methodology and goal, and your client's needs dictate the best fit. A man who married based on the fraudulent representation that the bride was pregnant with his child, for instance, will have different requirements than the couple that no longer wishes to live together but believes divorce is a sin. It's the family law professional's job to help assign the personal aim to the legal action.

This resource provides instruction for users to:

  • Summarize the four primary methods for altering the marital status.
  • Conduct research related to family law case studies
  • Identify common types of alternative dispute resolution
  • Identify the major fault and no-fault grounds for divorce
  • Outline the basic stages of the divorce process
  • Describe jurisdictional issues that commonly arise in divorce cases
  • Apply rules, procedures, statutes, and case law related to divorce in your jurisdiction to a case study
  • Draft a complaint for divorce and responsive documents
• Divorce Process

Discovery and Financial Statements

Fundamentally, discovery is about gathering sufficient information to allow the parties and the court to reach informed decisions. It may be arduous, as might be the case with substantial hidden and convoluted assets, allegations of extramarital affairs, and an assortment of children and stepchildren. Alternatively, it may be a simple matter of exchanging unremarkable financial statements in a childless, uncontested divorce. Either way, discovery is an essential tool for the family law professional.

Paralegals are often involved in the discovery process through such tasks as drafting documents and managing the calendar, so you must understand it thoroughly. This includes familiarity with formal, informal, and electronic discovery, as well as common objections and what they entail. It is particularly important to know the disadvantages and advantages within and among formal discovery methods, because there can be significant costs and/or benefits to the client. You must also be conversant with the parameters and nature of financial statements. The impact of discovery will vary according to the facts of a given case, but it will always be felt.

This resource provides instruction for users to:

  • Identify differences between formal, informal, and electronic discovery
  • Conduct research related to family law case studies
  • Describe the primary strengths and weaknesses of the five formal methods of discovery
  • Identify differences between formal, informal, and electronic discovery
  • Summarize common objections to discovery requests
  • Describe the purpose and scope of financial statements
  • Apply rules, procedures, statutes, and case law related to discovery and financial statements in your jurisdiction to a case study
  • Draft a financial affidavit
  • Propose appropriate actions in response to hypothetical ethical dilemmas
  • Outline the court's role in the discovery process
• Discovery and Financial Statements

Child Custody

A divorce often alters the lives of the parties' children dramatically. Where they will live and go to school, as well as how often they will see each parent must be decided—and sometimes the children may not have any voice in determining those issues. The courts and lawmakers strive to answer those kinds of worries in a manner that will provide the most stability and comfort for the child. For example, they have worked together to reduce jurisdictional conflicts that once gave parents incentive to abduct their children and forum shop for the most advantageous state laws.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been integral to that effort, and family law paralegals must be familiar with it. You will also need to know the factors considered and legal standards applicable to custody decisions, as well as the viability of modifying those decisions. Additionally, today's paralegal must be aware of the particular challenges presented when third parties, such as co-parents and grandparents, seek visitation rights or even custody. “The best interests of the child” has become the operative phrase.

This resource provides instruction for users to:

  • Identify types of child custody
  • Conduct research related to family law case studies
  • Describe jurisdictional issues that commonly arise in child custody cases
  • Describe the common legal standards for custody decisions
  • Apply rules, procedures, statutes, and case law related to child custody in your jurisdiction to a case study
  • Identify factors courts consider when making custody decisions 
  • Summarize how courts are increasing recognition of the rights of third parties in child custody cases
  • Draft a parenting plan 
  • Describe the role of the guardian ad litem and other advocates for children in the context of custody decisions
• Child Custody

Child Support

The concept of child support is not new or complicated. Parents are responsible for the welfare of their minor children, and that obligation includes economic maintenance. To put these basic precepts into motion, attention must be paid to the specifics, which requires understanding such basics as the differences between child, spousal, temporary, and permanent support. You also need a working knowledge of the Uniform Interstate Family Support Act (UIFSA) and Title IV-D agencies, and how they can affect jurisdictional and enforcement issues. Finally, the family law paralegal must have a keen grasp on the origin and nature of child support guidelines and the factors considered in granting and modifying awards.

Legislative guidance and requirements abound in child support actions, but an individual judge's opinion about a particular set of facts is often pivotal.

This resource provides instruction for users to:

  • Apply rules, procedures, statutes, and case law related to child support in your jurisdiction to a case study
  • Draft a motion for temporary child support
  • Conduct research related to family law case studies
  • Identify differences between child support and spousal support
  • Describe jurisdictional issues that commonly arise in child support cases
  • Explain the role of Title IV-D agencies in child support cases
  • Propose appropriate actions in response to hypothetical ethical dilemmas 
  • Describe factors courts consider when establishing and modifying child support orders
• Child Support

Spousal Support

Your law office is representing Carol in a divorce action. Her soon to be ex-husband, Barry, says Carol will get nothing because they have no assets. Carol is worried. Additional meetings and informal discovery tell another story. It turns out that Carol and Barry, who live in an apartment in Ohio, have a two-week timeshare in Florida. They also have a vacation cottage in Vermont that they bought three years ago with joint funds—although the title is in her in-laws' name, something Barry arranged to avoid paying some extensive gambling debts. And there's more. Barry has his own taxi medallion and runs a taxi service; he started a valuable stamp collection on their honeymoon; and he lent his wealthy brother $10,000 soon after Carol first visited your office.

This scenario, although made up, illustrates the many property division issues you could face as a member of the family law team. It will be your job to know the answers to questions like what property is and when it becomes marital property, when and how jurisdiction enters the scene, and whether marital misconduct is ever relevant.

This resource provides instruction for users to:

  • Conduct research related to family law case studies
  • Describe jurisdictional issues that commonly arise in property division cases
  • Conduct research related to family law case studies
  • Identify differences between separate and marital property
  • Describe differences between community property and equitable distribution approaches to property division
  • Apply rules, procedures, statutes, and case law related to property division in your jurisdiction to a case study
  • Identify factors courts consider when making property division decisions 
  • Draft a proposed property settlement
  • Propose appropriate actions in response to hypothetical ethical dilemmas
• Spousal Support

Property Division

Your law office is representing Carol in a divorce action. Her soon to be ex-husband, Barry, says Carol will get nothing because they have no assets. Carol is worried. Additional meetings and informal discovery tell another story. It turns out that Carol and Barry, who live in an apartment in Ohio, have a two-week timeshare in Florida. They also have a vacation cottage in Vermont that they bought three years ago with joint funds—although the title is in her in-laws' name, something Barry arranged to avoid paying some extensive gambling debts. And there's more. Barry has his own taxi medallion and runs a taxi service; he started a valuable stamp collection on their honeymoon; and he lent his wealthy brother $10,000 soon after Carol first visited your office.

This scenario, although made up, illustrates the many property division issues you could face as a member of the family law team. It will be your job to know the answers to questions like what property is and when it becomes marital property, when and how jurisdiction enters the scene, and whether marital misconduct is ever relevant.

This resource provides instruction for users to:

  • Conduct research related to family law case studies
  • Describe jurisdictional issues that commonly arise in property division cases
  • Conduct research related to family law case studies
  • Identify differences between separate and marital property
  • Describe differences between community property and equitable distribution approaches to property division
  • Apply rules, procedures, statutes, and case law related to property division in your jurisdiction to a case study
  • Identify factors courts consider when making property division decisions 
  • Draft a proposed property settlement
  • Propose appropriate actions in response to hypothetical ethical dilemmas
• Property Division

Networking

• Separation Agreements

Law (Intro To)

Introduction To Law, The Legal Profession and Ethics

This resource will introduce you to trial courts and appellate courts and to the different types of work that paralegals can perform. Paralegals may not give legal advice to a client, a friend, a family member, or anyone. Keeping a client's information confidential is a requirement for attorneys and paralegals. Think carefully about the attorney-client privilege, who has the privilege, and under which conditions information may be disclosed. Become aware of what work product is and what it is not. Understand when a work product may be protected.

This resource provides instruction for users to:

  • Describe the practice of law in the American legal system
  • Explain the various roles in the legal system
  • Determine the appropriate ethical response to various legal scenarios
  • Discuss protection of client confidentiality and attorney-client privilege in the context of legal ethics
  • Describe efforts to regulate the legal profession
  • Describe how attorneys and paralegals are regulated
• Introduction To Law, The Legal Profession and Ethics

Sources of American Law and The Court Systems

• Sources of American Law and The Court Systems

Legal Research and Writing

A homeowner contacts a law firm and indicates he wants to sue the person who was building him a home. According to the homeowner, his written contract with the builder provided for the date of completion, which was three months ago. The second story of the unfinished home has no roof, and according to the homeowner, the builder did not read the blueprints correctly and made the great room 10 20 rather than 20 20. The homeowner told the builder to leave and wants to know what kind of damages he might be awarded in a lawsuit.

Paul Paralegal is asked to research these issues, using primary and secondary research materials to find the correct law relating to breaches of contract. Although he may find some statutory law that is applicable, most of the law of contracts will be case law. Identifying a research plan will be Paul's first task. Then he will need to decide the search terms or keywords to use for his computer research and the topics he wants to review in legal encyclopedias and digests. As an exercise, show Paul how to write the memorandum, by presenting all of the issues, facts, and law. Keep the writing clear and concise, and accurately portray the law that has been researched.

This resource provides instruction for users to:

  • Identify the purpose of using citations in legal writing
  • Use citations in legal documents
  • Develop a research plan for a legal question
  • Contrast traditional paper-based research with online research methods
  • Develop search queries for computer-based research
  • Research a legal matter
  • Apply appropriate writing styles for writing briefs and memoranda
  • Describe the purpose and components of legal briefs and memoranda of law
  • Write legal briefs
  • Draft internal memoranda of law
  • Describe ways to update research to reflect current legal developments
  • Explain the importance of editing and proofreading, including punctuation and grammar
• Legal Research and Writing

Civil Litigation and Alternative Dispute Resolution

A retailer ordered 500,000 balloons for a city's 100th anniversary celebration. The manufacturer promised to deliver the balloons on or before a certain date. The date passed, and the retailer was unable to obtain balloons from any other source. When learning of this, the retailer's competitor took advantage of the situation and doubled the price of his balloons. The retailer filed a complaint against the manufacturer for damages and requested a jury trial. The manufacturer filed an answer, arguing it was impossible to obtain the material needed to manufacture the balloons in time. Both parties conducted discovery and refused to enter into settlement negotiations until they were ordered to do so by the trial court.

They attempted mediation but failed to reach an agreement. At trial, they selected a jury, tried the case, and awaited the jury verdict. The jury returned its verdict in favor of the retailer, and the trial court awarded compensatory and punitive damages. The manufacturer decided to appeal the decision because he believed that the trial court erred in awarding punitive damages in the breach of contract action.

On appeal, the intermediate appellate court decided the trial court had erred, and it reversed the award of punitive damages. The retailer filed a motion to have the state's supreme court review the intermediate court's decision. Since a review of an intermediate court's decision is discretionary according to the law of the state where the suit is filed, the state supreme court refused to review the decision. What might a paralegal suggest in light of the reading concerning civil litigation and alternative dispute resolution? What issues has this situation raised?

This resource provides instruction for users to:

  • List the major pleadings and the parties involved
  • Identify the main forms of discovery Identify the types of pretrial motions
  • Identify the purpose of a settlement conference
  • Identify the usual phases of a trial Identify the trier of fact for jury and non-jury trials
  • Describe the process of appealing a decision
  • Describe the possible decisions of an appellate court
  • Identify the types of alternative dispute resolution
  • Give examples of when to apply each type of alternate dispute resolution
• Civil Litigation and Alternative Dispute Resolution

Constitutional Law

• Constitutional Law

Criminal Law and Procedure

• Criminal Law and Procedure

Torts

• Torts

Contracts

• Contracts

Property

Paralegals may be asked to work on a variety of property issues. Personal property is generally anything that is movable. It can be tangible or intangible, and it can be obtained by purchase, as a gift, or by capture. Real property is land and what is attached to it. Real property is also commonly referred to as real estate. Fixtures are things attached to the land that cannot be removed without destroying the land. Sheds, detached garages, and attached lighting are examples of fixtures. Intellectual property includes works of art, inventions, and marks and logos that are protected from unauthorized use.

A single person can own real property in his or her name. A business can also own real estate. Some ownership is joint ownership. There are different types of joint ownership. Joint tenancy with survivorship is one example. A form of joint tenancy with survivorship is tenancy by entireties. Husbands and wives own property as tenants by entireties. When one spouse dies, the surviving spouse becomes the owner of the property. Tenants in common own property with undivided interests in the property. Personal property and real property can be transferred by purchase, by gift, or by inheritance. Real property can also be transferred by eminent domain. When a government wants to purchase private property for public use, it can follow a specified procedure and pay the property owner a reasonable price, taking the property by eminent domain.

This resource provides instruction for users to:

  • Define personal and real property
  • Describe the different types of ownership interest in real property
  • Explain property ownership
  • Summarize the methods of transferring ownership of real property
  • Explain the landlord-tenant relationship
  • Describe the types of intellectual property
• Property

Family Law

A father with two children, ages 10 and 14, contacts the office where Jed works as a paralegal to discuss potential issues if he files for dissolution of marriage. He and his wife have been married for 20 years, and he has learned that she has been having an affair. He would like to forgive her and stay married, but he understands that may not be possible. The couple has accumulated a vast interest in real estate but has little cash in the bank or other liquid assets. He supported his wife when she returned to college. She now has a degree and earns nearly as much as he does. He would like possession of the house and custody of the children because of his wife's extramarital conduct and because the children would like to continue attending the same schools.

This resource will discuss the general rules of law relating to many of the issues posed in this scenario. A knowledge of the issues involved in family law is important because paralegals may be asked to participate in the intake interview, research the state law where the case takes place, or write a memorandum for a supervising attorney that addresses the strength and weaknesses of the client's position. Paralegals should also understand the standards for determining custody, visitation, and support.

This resource provides instruction for users to:

  • Describe pre-marriage legal concepts Identify marriage requirements
  • Distinguish between annulment and divorce
  • Identify the laws pertaining to property division, spousal support, child custody, and child support
  • Describe the laws pertaining to adoption and paternity
• Family Law

Estate Planning and Probate

Clarence has recently been diagnosed with cancer and has decided it is time to "put his affairs in order." He contacts an attorney and wants to know what information is required from him for the attorney to draft a will. Clarence wants to know whether he should create a trust, and avoid probate, or if he should include a testamentary trust in his will. He also wants a general power of attorney prepared for his nephew, who will help him with his business affairs if he is unable to carry out the duties himself. Clarence also wants to know about a medical power of attorney, or health care appointment. His other questions pertain to how probate is handled and whether, if he were to have a trust, the trust can be terminated. Paula Paralegal has been assigned to this probate client and needs to have an understanding of the law to assist in drafting documents or performing research. The material in this resource can help Paula better understand the formalities that are required for writing a will, how a will can be changed, and the advantages of having a trust.

This resource provides instruction for users to:

  • Describe the different types of wills
  • Describe when the intestacy statute applies
  • Outline probate procedure
  • Distinguish a living will from a health care proxy
  • Differentiate between the various types of trusts
  • Identify how trusts are terminated
• Estate Planning and Probate

Employment Law

Glenn has worked as an assistant supervisor for a large manufacturing plant for several months. The factory is not unionized. Glenn is happily married and has three children whose ages range from two to 13. Glenn feels uncomfortable about emails he has been receiving from Gloria, his supervisor, suggesting that she would like to see more of him outside of work and that they should meet for drinks. Glenn finds some of her comments to be sexually suggestive and disturbing, and he tries to discourage her from contacting him but is unsuccessful. Glenn's assistant duties include plant safety and maintenance. Recently, some of the chemicals the employees work with exploded and damaged part of the plant. No employees were injured, but Occupational Safety and Health Administration (OSHA) officials have inspected the plant and want reports in the near future. The employer has asked Glenn and Gloria to prepare the reports.

The employer acknowledged that Glenn and Gloria might need to spend additional hours after the regular workday to gather all of the information needed by OSHA in the short turnaround time. When Glenn tells the employer that he cannot commit to this project emotionally, the employer discharges him. This situation includes issues about rights and obligations of employer and employee, harassment in the workplace, employee termination, OSHA, and medical leave.

This resource provides instruction for users to:

  • Describe the legal relationship between an employer and employee
  • Summarize the sources of law for employment discrimination
  • Explain sexual harassment
  • Describe the Family and Medical Leave Act
  • Outline the major federal labor law acts
  • Summarize the Occupational Safety and Health Act
• Employment Law

Business Organizations

Roger is 25 years old and has recently graduated from college with a degree in marketing. He wants to start a nursery business but is unsure of how to structure it. His ideas include establishing a central nursery where he will display a variety of plants and trees from all over the world. Roger is not interested in external appearances and wants to focus on the outdoors rather than on a physical building where his offices will be located. He wants to have a minimum of seven employees and as little exposure to tax liability as possible. He wants to invest some of the $75,000 he inherited from his grandfather in the business, but he also wants others to invest. He has been told that some states have laws that are more favorable to management, and he wonders if he should form the business in one of those states as a branch of this main business center.

Different forms of business organizations and options are available for Roger as he attempts to begin a business. Certain types of businesses may not work for Roger's situation. Paralegals are often asked to assist in drafting documents used by businesses, such as those that create the structure for a business's organization.

This resource provides instruction for users to:

  • Define agency relationship
  • Identify the parties to an agency
  • Define sole proprietorship
  • Describe the difference between general and limited partnership
  • Define Limited Liability Company (LLC)
  • Explain the roles and duties of shareholders, officers, and directors in corporations
  • Describe the different classifications of corporations
• Business Organizations

Bankruptcy Law

• Bankruptcy Law

Administrative Law / Judicial Review

• Administrative Law / Judicial Review

Paralegal

The Paralegal Profession

There are lots of job opportunities available to paralegals today, and not just in law firms—corporations, businesses, courts, and other government agencies also employ paralegals. But what is a paralegal? What do they do on a day-to-day basis? Paralegals are the attorney's right hand, often performing critical tasks for their lawyer in preparation and during a trial. They research legal issues, draft correspondence, organize documents for trials, and interview clients activities that require strong communication, organization, and analytical skills.

This is a growing field, and the demand for paralegals keeps increasing, particularly in areas such as intellectual property, health care, international law, elder issues, environmental law, family law, bankruptcy, and criminal law. Since you are interested in starting a paralegal career, you should learn what skills, education, and credentials you will need. You should also learn what kinds of responsibilities and tasks are normally delegated to paralegals, the salary range you can expect, and where the jobs are. Jobs in law firms vary greatly from one firm to the next. There are large firms, small firms, and boutique firms, and there are even legal-aid organizations and nonprofits that employ paralegals. Because there are so many opportunities open to paralegals today, you should have little trouble finding the right spot for your interests and skill set.

This resource provides instruction for users to:

  • Compare different types of legal work settings
  • Describe the primary responsibilities of the paralegal in the American legal system
  • List professional qualifications for a paralegal
  • Give examples of how "soft skills" can increase the effectiveness of a paralegal
  • Give examples of paralegal tasks common to most environments
  • Give examples of paralegal tasks related to particular legal specialties
  • Describe the importance of proper billing and accounting practices
  • Identify the types of accounts a law practice may require
• The Paralegal Profession

Paralegal Careers

Paralegals enter the career from many backgrounds. A paralegal career is somewhat easy to transition into if you have experience in areas such as accounting, banking, and insurance, since these industries, like the law, are highly regulated—with complex rules, regulations and procedures with which you must comply. But there is much more to becoming a paralegal than just being able to follow rules and procedures.

For some paralegal jobs, especially if you work for trial lawyers, you must be comfortable speaking with a diverse population. On the other hand, some paralegals do legal research all day long, and rarely talk with clients directly. Because there are so many choices, it's important to find a work environment that best suits your personality, skill set, and interests. Therefore, it's important to know what employers look for so you can carefully plan your path to becoming a paralegal. Whether you are just starting out or planning a career change, you need to understand the different types of education, certifications, professional associations, and networking organizations that can help you in your paralegal career. It's also helpful to know how to best develop your résumé. With this information, you will be on your way to starting your new career as a paralegal!

This resource provides instruction for users to:

  • Identify the types of paralegal educational programs
  • Describe the professional associations available to the paralegal
  • Explain the benefits of networking
  • Prepare a résumé for a paralegal position
  • Describe career opportunities for paralegals
  • Explain how a resume is tailored for a legal environment
  • Describe the interview process for a paralegal professional position
• Paralegal Careers

Ethics of The Paralegal Profession

Attorneys are obligated, by the ethical standards of their own profession, to conduct themselves in an honorable, ethical manner. As a member of the practice, paralegals are also obligated to conduct themselves in an honorable and ethical manner. But it should not be presumed that you are automatically aware of the ethics code paralegals are expected to follow. This is why paralegals receive ethics training. The training paralegals receive on ethics provides a clear understanding of what paralegals are allowed to do and what they are not ethically allowed to do.

As a paralegal, you will be privy to a tremendous amount of highly confidential information that you are required to protect. You must not only understand your ethical responsibilities to clients, but learn how to avoid accidentally divulging their information. Clients need to be able to trust attorneys, and the paralegals who perform some of their work. In addition to a list of ethical obligations related to what you must disclose and what you may not, you must understand and honor your attorneys' other ethical obligations, such as ensuring that there are no conflicts of interest before accepting a new case or client. Doing high-quality work and using good judgment are also part of a paralegal's ethical obligation. For this reason and others, you will become a valuable professional asset to any employer who sees that you can be counted on to have unwavering ethics.

This resource provides instruction for users to:

  • Compare ethical regulation of attorneys with regulation of paralegals
  • Describe efforts to regulate the paralegal profession
  • Identify guidelines for avoiding unauthorized practice of law by paralegals
  • Recognize unethical recording of accounting and client payments
  • Determine the appropriate ethical response to various legal scenarios
  • Discuss how to protect client confidentiality and avoid conflicts of interest
• Ethics of The Paralegal Profession

Sources of American Law and The Court Systems

Though as a paralegal, you won't be handing out legal advice, you will be assisting attorneys in the delivery of legal services. For that, you need to have a good understanding of the American legal system, the U.S. Constitution, and the amendments to the U.S. Constitution. The philosophy behind the law and the history of how modern laws were developed will give you a greater understanding of legal concepts you must know. Understanding protections guaranteed by federal and state laws will help you think analytically about how these laws might affect your clients.

The action in a law office can be very fast paced. The more general legal information you know and understand, the easier it will be for you to get up to speed on cases. It is also worthwhile to learn about the American legal system in order to enhance your analytical skills and ability to think critically. The American legal system is based on logic and reason. Learning the history of the laws may shed light on why laws are written a particular way, what constitutes a breach of the law, and what is the most appropriate way to represent clients with legal problems.

This resource provides instruction for users to:

  • Outline the basic history of the American legal system and its laws
  • Describe the sources of law in the United States 
  • Name the courts included in a typical state court system
  • Relate the parts of the federal court system
  • Describe the role of the U.S. Supreme Court
  • Compare the jurisdiction of federal and state courts
• Sources of American Law and The Court Systems

Interviewing Skills

Paralegals must have excellent communication skills; you will rely on them throughout your career. Not only must you be able to communicate clearly, you must be comfortable speaking with a diverse group of people. Generally, your interactions will be one-on-one, so don't worry if you don't see yourself speaking in front of groups. On a daily basis, paralegals may interview clients, prospective clients, and witnesses, both over the telephone and in person, either in the law office or at some other location.

Building rapport is an essential part of conducting successful interviews. You can put people at ease right away by explaining who you are and the purpose of the interview. Make sure to use everyday vocabulary. Interviews with clients and witnesses are not the best opportunity to trot out your legal vernacular. You don't want to impress the people you are interviewing, you want to help them feel comfortable so they can speak freely. A good interviewer observes nonverbal messages and gently addresses any concerns that may arise. You must appear to those you interview as someone who is trustworthy and sensitive. Uncomfortable clients and witnesses may not want to talk, or they might be so desperate to tell their story that they unleash a flood of communication that is difficult to follow. Using the interview techniques and tips you learn in school and on the job, you'll be able to guide the people you are interviewing back to the subject at hand if they become emotional or start to ramble.

This resource provides instruction for users to:

  • Explain how to prepare for a client interview
  • Prepare a checklist for a client interview
  • Describe techniques that support good listening skills in a client interview
  • Describe the steps in conducting an investigation
  • Identify the parties involved and their roles in the investigation process
  • Describe how to select material and expert witnesses
  • Explain case management techniques that support effective trial preparation
• Interviewing Skills

Legal Research & Writing

Civil litigation is the legal process for resolving noncriminal disputes between parties who seek monetary damages or require other relief the court can grant. Cases that are prepared for trial are often settled at the mandatory settlement conference or referred to alternative dispute resolution services. Paralegals play a big role in the pretrial stage of any lawsuit; your team will rely on you, a paralegal, to understand the intricacies of the pretrial motions and the settlement conference. You will keep track of the statutes of limitations and dates when motions must be filed, and what all parties in the lawsuit are responsible for providing, not just what needs to be filed on your client's behalf. Even if there is a legal secretary recording all the pertinent dates and documenting what needs to be done and when, you should keep your own calendar with all this information.

As a paralegal, you will be the eyes and ears of the attorney during pretrial, when the action can be very fast and there is always an enormous amount of documentation to be organized and prepared. Paralegals, who will have worked on many of the pleadings and discovery documents, are the natural choice for cataloging and organizing these materials. There are two things you must ensure: that evidence is correctly submitted to the court, and that the attorneys are so well organized that they never have to search for documents they need, especially when they are in front of the jury.

This resource provides instruction for users to:

  • List the major pleadings and the parties involved
  • Identify the main forms of discovery
  • Identify the types of pretrial motions
  • Describe the purpose of a settlement conference
  • Describe the usual phases of a trial
  • Identify the trier of fact for jury and non-jury trials
  • Describe the process of appealing a decision
  • Describe the possible decisions of an appellate court
  • Identify the types of alternative dispute resolution
  • Give examples of when to apply each type of alternate dispute resolution
• Legal Research & Writing

Civil Litigation and Alternative Dispute Resolution

• Civil Litigation and Alternative Dispute Resolution

Administrative Law

• Administrative Law

Criminal Law and Procedure

Paralegals who work in criminal defense law firms perform legal research, draft pleadings and other documents, file court documents, track down witnesses, review and summarize reports, and communicate with clients, court staff, and a variety of other people who may be associated with a case. Criminal defense paralegals might interview clients and even help prepare people who are going to testify. Paralegals also play an important role in the discovery process of criminal trials. All the documents and evidence used in trial must be indexed and filed according to specific case management procedures.

Criminal defense attorneys, like other attorneys, delegate many responsibilities to paralegals, which helps reduce clients' bills, since a paralegal's time is billed at a fraction of an attorney's time. Most states require paralegals to work under the supervision of a licensed lawyer, but requirements vary from state to state. In any case, paralegals cannot represent a defendant in court in any state, not even in states that allow paralegals to work without a supervising lawyer. Community legal services, government agencies, courts, jails, prisons, legal aid, and district attorneys all hire paralegals to help in criminal cases, in addition to private law firms. With an understanding of the criminal court and its procedural rules, as well as the way criminal defense lawyers practice, you should have lots of options if you want to pursue this field.

This resource provides instruction for users to:

  • Explain the difference between criminal and civil law
  • Describe the elements of a crime
  • Outline the various types of crimes
  • Describe inchoate crimes
  • Identify the participants of crime from a fact pattern
  • Explain constitutional protections and defenses
  • Outline the stages of criminal proceedings
• Criminal Law and Procedure

Torts

If you work as a paralegal in the field of civil litigation, you must understand tort law—the area of civil law that deals with civil wrongs. A tort is the failure to obey a law or comply with city ordinances, that results in injury or other damages. Torts are categorized as negligent, intentional, or strict liability. Defendants can be found liable for torts even if there was no intent to harm. Plaintiffs can be awarded monetary damages if they can prove defendants' careless or negligent behavior caused their injuries, even if it was inadvertent.

Intentional torts, on the other hand, are purposeful acts committed with intention to cause harm or offense. An example of an intentional tort is assault and battery, two terms that have particular meanings in the law. Battery applies to almost any form of offensive contact with another person, even if physical injury did not occur. The definition of assault, which varies from state to state, generally involves an intentional act that causes someone fear of danger. Intentional torts can be the subject of criminal charges—it is not be unusual for a party to file a lawsuit related to intentional torts following a criminal trial, especially if the defendant was found to be not guilty.

Civil courts and criminal courts have a different standard of proof. To convict a criminal, a jury must find that the defendant was guilty beyond a reasonable doubt. In civil court, however, the burden of proof is the "preponderance" of evidence. In other words, when all the evidence is weighed, the jury agrees on which evidence is the more convincing and most likely to be true and accurate.

This resource provides instruction for users to:

  • List examples of intentional torts
  • Define negligence
  • Explain the four elements of negligence
  • Define negligence defenses
  • Define strict liability
• Torts

Contracts

Contracts are the backbone of transactional law. They exist to document agreements and to represent a willingness of the parties to have their agreement be enforceable by the law. Certain contractual language is required by state or federal law, and even the way the signature lines are prepared is dictated by legal conventions.

To be enforceable by the law, contracts must contain essential elements, such as a lawful offer and a lawful acceptance. This is an important legal concept—a contract cannot be written to violate state or federal law. The offer cannot include terms that are forbidden by the law or that a court would not uphold for other reasons in the event of a dispute.

Consideration is another essential element of a contract—consideration in a contract might be a purchase price or a promise by a party to do (or not do) something. Possibility of performance is also required for a contract to be valid. Parties may not enter into a contract with terms that cannot be performed. In other words, an agreement to do something that is impossible voids the contract. Paralegals who draft and review contracts must ensure they contain all the required elements and do not violate any laws, statutes, or ordinances.

This resource provides instruction for users to:

  • Define a Uniform Commercial Code sales contract
  • Identify the elements of a contract
  • Explain the six contracts subject of the statute of frauds
  • Outline the methods available to discharge a contract
  • Summarize the various contract remedies available
• Contracts

Property

Paralegals must understand basic concepts about property ownership and the way the law defines and categorizes private property. Personal property is basically the contents of someone's home plus his or her automobile—belongings that can be moved. For a businesses or corporation, furniture, equipment, and automobiles are considered their personal property. Real property is land and anything that is part of the land, including buildings.

If you work for a real estate attorney, you will be drafting and reviewing sales agreements and transferring property titles. As a real estate paralegal, you'll need to understand basic concepts about real estate law—what an easement is and what is a fixture, and the concepts surrounding licensing and regulations. Disputes often arise when ownership interests in a property are not clear. If you work for an attorney who handles landlord/tenant issues, you will be working directly with the public and will become well acquainted with process servers and the county sheriff. It will be helpful if you understand landlords' rights and tenants' rights, and legal concepts related to leases and evictions.

You might want to pursue the field of intellectual property as a paralegal. It is one of the fastest-growing fields in the legal profession, and there is a tremendous amount of work available for qualified paralegals. Your research and organizational skills will be an asset in an intellectual property firm, but you must have a thorough understanding of the process of applying for trademarks, patents, and copyrights.

This resource provides instruction for users to:

  • Define personal and real property 
  • Describe the different types of ownership interest in real property
  • Summarize the methods of transferring ownership of real property
  • Explain the landlord-tenant relationship
  • Describe the types of intellectual property
• Property

Family Law

Family law is the branch of the law that handles legal issues related to domestic relations. Paralegals should be familiar with the legal concepts and vernacular of the family court, which has jurisdiction over dissolutions of marriage, child support, child custody, and visitation issues. The family court is part of the superior court, but it has its own set of rules and procedures. Family courts are devoted to mitigating the potential harm divorces can have on spouses and children. Judges try to be flexible with laws and rules in an attempt to promote amicable settlements. For example, the family court recognizes that it may not in the best interest of the parties to dissolve a marriage quickly. The family court is generous with the time frames allotted for parties to resolve their differences.

Paralegals in this field must be comfortable working with the public. You might work every day with clients who are upset or in distress. You'll be the liaison between clients and attorneys, so you will need more than proficiency with the legal aspects of the practice—you must be able to stay detached in sad or emotionally charged situations. But family law practices are not completely different from other areas of civil litigation. You'll be drafting pleadings and correspondence, preparing interrogatories and discovery responses, requesting production of documents, and summarizing and organizing discovery as it is received. You will also be on the telephone with court staff and other parties, ordering appraisals and possibly scheduling expert witness interviews.

This resource provides instruction for users to:

  • Describe pre-marriage legal concepts
  • Identify marriage requirements
  • Distinguish between annulment and divorce
  • Identify documents necessary for a divorce
  • Identify the laws pertaining to property division, spousal support, child custody, and child support 
• Family Law

Estate Planning and Probate

Estate planning is a fact of life. Regardless of someone's net worth, people need wills and other legal documents stating their final wishes. Wills, which document the distribution of personal and real property after someone's death, are only one of the documents clients need for estate planning. Other decisions must be documented, including the decisions people want made on their behalf in the event of medical emergencies, especially if they should become incapacitated. To ensure someone's intentions are carried out in worst-case scenarios, it is a good idea to have a legal writing in place assigning decision-making authority to a trusted friend, relative, or agent.

The diverse responsibilities and tasks assigned to paralegals who work in the field of estate planning and probate require familiarity with the laws of the probate court and an understanding of legal concepts related to establishing and managing trust agreements. You'll need a working knowledge of the vernacular of estate planning so you can understand different types of trust instruments and the fiduciary responsibilities of the trustee. In addition to wills and living wills, clients need power of attorney forms and other legal instruments related to their estates. Paralegals interview such clients to gather facts required to develop financial data and prepare trust documents. You'll be on the phone with court personnel and other related parties to schedule meetings and hearings, and you'll be performing legal research as needed. For example, you might be tasked with researching federal tax laws and their ramifications for possible application to someone's estate.

This resource provides instruction for users to:

  • Describe the different types of wills
  • Describe when the intestacy statute applies
  • Outline probate procedure
  • Distinguish a living will from a health care proxy
  • Differentiate between the various types of trusts
  • Identify how trusts are terminated
• Estate Planning and Probate

Business Organizations

• Business Organizations

Paralegal Ethics

Regulating The Legal Profession

COMING SOON! How is something that is unethical different from something that is immoral? What are the differences between morality, ethics, and the law? As a paralegal, you need to understand the differences. Laws are rules enforced by society to govern behavior. For example, on a state highway, the speed limit might be 70 miles per hour. The law is a legislative enactment that governs how fast people drive on state highways. Morals are how we judge others, and morality is concerned with personal behavior. When we speak about ethics in the legal profession, we are talking about acting legally according to principles of conduct.

This resource provides instruction for users to:

  • Locate the sources of state and federal regulations for lawyers and paralegals
  • Explain how the regulation of lawyers differs from that of paralegals
  • Explain legal ethics as a matter of defined rules, not of morality
• Regulating The Legal Profession

Unauthorized Practice of Law (UPL)

• Unauthorized Practice of Law (UPL)

Misrepresentation

COMING SOON! The Sixth Amendment to the Constitution guarantees criminal defendants the right to an attorney if they are unable to afford one. However, there is no comparable guarantee for litigants in civil actions. In the United States, parties involved in litigation must pay their own attorney fees unless they are suing (or being sued) under a statute that provides for the loser to pay attorney fees. The other exception to the American Rule relating to the payment of attorney fees is if the contract that is the basis of the dispute provides for the payment of attorney fees by the losing party.

Rental leases often provide that the tenant will pay attorney fees and costs if the landlord is required to file suit to evict the tenant or obtain past-due rent from the tenant. To give greater accessibility to courts, some states allow legal assistants who prepare documents to work with clients, and most courts have a small claims division where individuals can represent themselves.

This resource provides instruction for users to:

  • Define "access to justice"
  • Describe how access to justice is intended to protect the public
  • Describe "misrepresentation" as it relates to the unauthorized practice of law
  • Locate the statutes, rules, and case law defining appropriate designations for paralegals in your state
  • Describe acceptable ways for paralegals to represent themselves as non-lawyers
  • Identify examples of business relationships between a paralegal and a lawyer that exhibit the unauthorized practice of law
• Misrepresentation

Confidentiality

COMING SOON! Has someone ever asked you to keep a secret? Keeping a secret means that you are not to tell anyone the information you have just heard. Confidentiality means the same thing when you are a paralegal. However, there is an exception to the rule, because some people may need to know the information at some point in time. The difference is this: in keeping a secret, no one is told the information, whereas in keeping information confidential, someone may on an as-needed basis be told the information. Information a client tells either you as a paralegal or your attorney is subject to the rule that you both need to maintain confidences.

This resource provides instruction for users to:

  • Describe ways in which a paralegal can unintentionally violate the duty of confidentiality
  • Analyze fact patterns for possible violations of the duty of confidentiality
  • Determine ethically appropriate responses to situations involving issues of confidentiality
  • Define confidentiality in layman's terms
  • Locate state statutes, rules, and cases related to confidentiality
  • Describe how long the duty of confidentiality applies
  • Recognize issues related to confidentiality
  • Describe situations in which confidential information can legally be divulged
• Confidentiality

Evidentiary Privileges

• Evidentiary Privileges

Duty of Loyalty—Conflicts of Interest

• Duty of Loyalty—Conflicts of Interest

Advertising

• Advertising

What Is Client Solicitation?

• What Is Client Solicitation?

Fair Fees

COMING SOON! Attorneys enter into fee agreements with clients so that both parties know what is expected of them. A fee agreement may be written as a formal agreement, or the lawyer may write a letter to the client that expresses their mutual understanding of how the lawyer will charge. In addition, the letter will spell out the client's duties to the lawyer regarding payment. Some agreements may be oral, but when a contingency fee is involved, a written agreement is required by the code of professional responsibility. A lawyer may charge a flat fee for services, an hourly fee, an hourly fee plus costs, or a contingency fee.

This resource provides instruction for users to:

  • Differentiate the common types of fee agreements used by lawyers
  • Locate statutes, rules, and case law related to contingency fee agreement issues
  • Determine the division of a settlement under different contingency fee arrangements
  • Distinguish between the American Rule and English Rule of legal fees
• Fair Fees

Paralegal Fees

COMING SOON! A paralegal owes a client the duties of loyalty, accounting, and care. The reason for these duties is that the relationship between the client and the paralegal is a fiduciary relationship. A paralegal is a liaison between the attorney and the client because there will be times when the paralegal, rather than the attorney, communicates with the client. One function a paralegal may have is explaining the fee agreement to the client, but whether this is the case depends on the rules of the state in which the paralegal works. A paralegal may not set or negotiate fees.

This resource provides instruction for users to:

  • Locate statutes, rules, and case law related to the awardability of paralegal fees in your state
  • Explain the importance of maintaining time records
  • Investigate pro bono service opportunities for paralegals
• Paralegal Fees

Client Trust Accounts

COMING SOON! Lawyers have an obligation to keep records that clients give them. The records must be safely kept so they are accessible and, if necessary, returnable to the client at the conclusion of the case. The method of safekeeping depends on whether the record has intrinsic value.

One practice many lawyers use is to scan all documents onto a computer disc so as to have a copy of all documents. If items have intrinsic value, then safe storage, such as a safe deposit box, may be appropriate. Lawyers are also required to account to clients for expenditures of client funds. This is done through the attorney's trust account. An attorney usually uses a spreadsheet to itemize expenses for which a client is being billed.

This resource provides instruction for users to:

  • Distinguish between appropriate and inappropriate use of funds in the client trust account
  • Describe the requirements for client trust accounting
  • Describe the purpose and operation of a client trust account
• Client Trust Accounts

Competence and Negligence

COMING SOON! Negligence has a specific definition when it comes to the law. An auto accident can be an example of negligence, if the accident is unintentional. If however, the wreck and damage were intentional, then the situation is not an accident but is considered an intentional tort.

Professional negligence is acting in a way that falls below the acceptable standard for the community. Professional negligence relating to acts, or failures to act, by an attorney may include failing to file documents, failing to file documents in a timely manner, and filing documents of poor quality that do not adequately address the issue. An allegation that an attorney has been negligent is usually a claim of malpractice. If a paralegal is alleged to have been negligent, the supervising attorney may be responsible for the paralegal's actions on the basis of respondeat superior. Respondeat superior is a form of strict liability that makes the lawyer responsible for the negligent acts of his or her staff, regardless of whether the lawyer personally acted negligently.

This resource provides instruction for users to:

  • Describe the terms "competence" and "negligence"
  • Describe the four elements of legal negligence
  • Describe ways that paralegals can demonstrate their competence
  • Recognize acts or omissions that can constitute negligence
  • Describe how competence is determined for lawyers
• Competence and Negligence

Duty of Zealous Representation

COMING SOON! When an attorney is representing a client, his or her loyalty lies with the client. However, this does not mean that the attorney may alter or destroy evidence that might hurt the client's case or make or obtain false statements concerning the client's case. When actions are taken to alter or destroy evidence or to make or take false statements under oath, the results can be fines and imprisonment for those involved. This type of action can also result in disciplinary proceedings for the attorney. Zealous representation, or conscientious representation, means representing the client to the fullest extent within the boundaries of the law.

This resource provides instruction for users to:

  • Describe the term "zealous representation" within the context of the duty of loyalty
  • Determine whether an act falls within the bounds of the law
  • Locate statutes, rules, and case law related to handling evidence in your state
  • Recognize suppression of evidence
  • Recognize fabrication of evidence
  • Recognize spoliation of evidence
  • Define the phrase "within the bounds of the law"
• Duty of Zealous Representation

Duty of Integrity and Duty To Report

• Duty of Integrity and Duty To Report

Maintaining Competence

• Maintaining Competence

Law Office Technology

Technology In The Law Office

In Charles Dickens's novel Bleak House, a man named William Guppy works at Kenge and Carboy's law office. He and his fellow clerks laboriously copy legal documents in a large, clear style called "law-hand." Writing final versions of these documents in law-hand was called "engrossment," and the act of writing was called "engrossing."

Today, the word engrossing means to occupy exclusively. Certainly, engrossing legal documents by hand must have occupied Guppy and his colleagues exclusively for hours at a time. Fortunately, the process has changed dramatically since then. Law firms use scanners to digitize hard copies of older legal documents. They store these files on disks or hard drives that can be accessed easily from inside and outside the office. They also create new documents electronically using word processors and, when needed, exchange files quickly as email attachments. Other helpful computer software manages scheduling and billing, maintains client and contact information, and prepares graphic presentations for trials. If you are pursuing a law-related career, you will need to learn what technologies law offices use to increase their firm's efficiency and effectiveness. You will also be introduced to emerging technologies, such as voice-recognition software (VRS), that will further improve office functions. Finally, you will also need to know the legal and ethical responsibilities involved in using such technologies. Knowing these elements will give you a strong overview of how technology benefits the legal community today.

This resource provides instruction for users to:

  • Identify types of technology that are often used to complete specific tasks in a law office
  • Describe how the Federal Rules of Civil Procedure affect technology use in a law office
  • Identify types of technology that are often used to complete specific tasks in a law office
  • Articulate ethical issues that must be considered when employing technology in a law office
  • Prepare a list of emerging technologies that could be used to improve operations within a law office
• Technology In The Law Office

Computer Hardware and Software

When you look at today's computers, particularly the new ultrathin, ultralight laptops, it is hard to believe that the first electronic computer, ENIAC, weighed 30 tons and was the size of a small house. Computers then and now share many similar components and are used in similar ways. For example, an operator inputs data along with instructions to manipulate the data, and then the computer follows those instructions and outputs the results.

Today, however, technology and programming advances have reduced the size of machines and increased speed and capacity. As someone who will be using the latest computer technology in the law office, it is important that you have a general understanding of the components of these machines and what makes them work. You will need to know the different parts of a computer system, including the types of hardware used in law offices. You will also need to understand operating systems, software applications, and computer networks. In addition, it is important to be familiar with the precautions law firms take and the technologies they use to protect these valuable machines from unexpected power outages, computer viruses, and security breaches. Knowing these elements will help build your confidence and increase your effectiveness in using such technologies in the workplace.

This resource provides instruction for users to:

  • Identify types of computer systems used in a law office
  • Indicate differences between applications and specialty applications software
  • Prepare a checklist for installation and licensing requirements to consider when purchasing technology components
  • Describe the basic components of computer networks
  • Summarize computer and network security issues that must be considered when planning technology needs in a law office
• Computer Hardware and Software

The Internet and Electronic Mail

According to the technology research company Radicati Group, over 294 billion email messages were sent every day in 2010. That means that 2.8 million emails were sent every second, which adds up to over 90 trillion emails for the year. The volume produced by law firms makes up only a small portion of such yearly totals. However, having access to the Internet and email capabilities every hour and every minute of every day provides law firms with critical communication and research functions.

To take full advantage of those functions, you will need to know what the Internet is and how it works. You will need to understand how to locate information effectively through the Internet and understand the various types of research and activities carried out via the Internet. You will need to know what tools and services allow you to connect to the Internet and what cautions to take when you retrieve information. Of critical importance is understanding how to use email attachments, knowing some of the constraints involved in sending attachments, and being extremely cautious to make sure your messages and attachments only go to intended recipients. Finally, you will need to be fully aware of the ethical considerations involved in using the Internet and email and the importance of adhering to your office's Internet-use policy. With this knowledge, you will be able to perform paralegal work effectively and efficiently while protecting client confidentiality and ensuring the law firm's integrity.

This resource provides instruction for users to:

  • Define common terms associated with the Internet
  • Identify ethical issues related to Internet use in law offices
  • Summarize security issues related to Internet use in law offices
  • Describe precautions for using the Internet in law offices
  • Describe common uses of the Internet in law offices
• The Internet and Electronic Mail

Electronic Research

Chess player Vladimir Kramnik once described the game as "infinitely complex." He said, "One can playin infinitely numerous and varied ways." The same could be said for conducting online research. The ways to approach it are also infinitely numerous and varied, as are the legal research tasks you will be assigned as a paralegal. In law offices, research requests can involve finding statutes, cases, court rules, forms, or other materials related to legal matters. Your objective in conducting research will be to return reliable information from reputable sources.

The challenge in making this happen is to plan a series of moves that will get you the results you want quickly and efficiently. To meet this challenge, you will need to know several elements, including the online legal resources available to you, how to develop search strategies, and how to construct search queries of general and specialized legal sources on the Internet. You will also need to know why computerized research requires a different approach from manual, or library, research. You will need to be able to plan specific research projects effectively. You will also need to be familiar with fee-based research resources. Finally, you will need to be mindful of the ethical issues pertaining to online research. Becoming familiar with these resources and methods will increase the speed of your research projects, produce better results, and help the lawyers in your firm provide the best legal support for their clients.

This resource provides instruction for users to:

  • Identify online resources appropriate for locating legal information 
  • Prepare a research plan for a specific legal issue
  • Identify online resources appropriate for locating legal information
  • Locate information about a specific legal issue using search queries
• Electronic Research

Word Processing Software

In 1976, a filmmaker and amateur computer programmer named Michael Shrayer wrote a word processing program called Electric Pencil for the Altair 880 computer. Previous to this, documents were handwritten or typed on typewriters. Lawyers would most often dictate letters and other documents on tape or write them out longhand to be transcribed or typed. Today, word processors handle most of these tasks. Fortunately, the software has come a long way since 1976. Most law firms now use Microsoft Word or Corel WordPerfect to create correspondence, contracts, pleadings, agreements, depositions, memorandums, and other documentation.

As a paralegal, you will need to be intimately familiar with whatever word processing software your office uses. It is important to understand word processing software and some of its major features, especially those most useful for legal documents. You will also need to understand office suites, which include software to create spreadsheets and presentations. It is also important to understand Adobe PDF documents, how to create a new file and use templates, security issues, and ethical considerations involved in using word processing software. Because software is a primary tool in the paralegal profession, it is important to understand its capabilities and be able to use it quickly and effectively.

This resource provides instruction for users to:

  • Describe how word processing software is used in law offices
  • Identify help resources for word processor software
  • Prepare documents for a law office using word processing software
  • Describe the functions of menus, tools, and commands in word processor software that are used to create, edit, and save documents
  • Describe potential ethical issues related to the use of word processor software in a law office
• Word Processing Software

Electronic Spreadsheets

The first computer spreadsheet software, VisiCalc, was released in 1979 for the Apple II computer. One of its creators, Dan Bricklin, said, "VisiCalc took 20 hours of work ... and turned it out in 15 minutes . . . ."Legal practices often work with financial information related to family law, estate work, and personal injury. They also have to manage client billings and office finances. Electronic spreadsheet software also saves an enormous amount of time in performing accounting tasks.

As a paralegal, you may be asked to assist with these tasks. Today, law firms have many choices of electronic spreadsheet software. Because most offices work with the Microsoft Office Suite or Corel Office, they use either Microsoft Excel or Corel Quattro Pro. It is important to understand the components of the software and how to prepare documents using it. By learning the various functions and features of spreadsheet software, how to use templates, and how graphics are created, you will be able to optimize the use of spreadsheet software. It is also important to explore the ethical considerations relevant to using electronic spreadsheets. This information will help prepare you for accounting or other financial tasks you might be asked to perform in a law office.

This resource provides instruction for users to:

  • Describe how spreadsheet software is used in law offices
  • Prepare documents for a law office using electronic spreadsheet software
  • Identify the components of an electronic spreadsheet
  • Identify help resources for electronic spreadsheet software
  • Describe the functions of menus, tools, and commands in spreadsheet software that are used to create, edit, and save documents
  • Prepare graphics using electronic spreadsheet software
  • Describe potential ethical issues related to the use of electronic spreadsheet software in a law office
• Electronic Spreadsheets

Electronic Databases

• Electronic Databases

The Paperless Office

• The Paperless Office

Office Management Software

To succeed in work and maintain profitability, law firms must accomplish many administrative tasks efficiently and without error. They must track the time spent on cases and bill clients for that time correctly. They must make sure their staff keeps appointments and does not miss court dates.

As a paralegal, you may be asked to help with similar administrative work. It is important to understand the office management software that law offices use and how they use it. In particular, you need to understand calendaring systems, timekeeping and billing systems, and accounting software. Having this knowledge will help you understand the tools firms use to avoid administrative chaos as you prepare to contribute to such efforts.

This resource provides instruction for users to:

  • Describe how law office management software is used in law office
  • Set up basic office management functions for a law office using law office management software Describe common functions of law office management software
  • Identify help resources for law office management software
  • Perform calendaring tasks using law office management software 
  • Describe potential ethical issues related to the use of office management software in a law office
  • Perform accounting tasks using law office management software
• Office Management Software

Case Management Software

 
• Case Management Software

Electronic Discovery

The concept of discovery dates back to the time of Shakespeare's England in the mid- to late1550s. At that time, the English Court of Chancery allowed litigants to apply for a bill of discovery. These bills obliged the opposing side to answer written questions, or interrogatories, and disclose designated documents. In civil procedures today, discovery involves interrogatories, document requests, admissions, and deposition requests from the opposing party in a litigation case. Parties that are not directly involved can be subpoenaed to obtain evidence or testimony.

According to U.S. federal law, discovery can apply to any material "reasonably calculated to lead to admissible evidence." As a paralegal, much of your work will involve producing discovery materials or working with discovery materials received from other law firms. For that reason, you need to understand what discovery is and what purpose it serves. You also need to know the different formats for producing discovery, including electronic discovery, or e-discovery. Of particular importance is a familiarity with the rules of courts as they pertain to discovery at the federal, state, and local levels. Finally, you will need to understand how to produce and receive electronically stored information (ESI) and the ethical issues related to ESI.

This resource provides instruction for users to:

  • Analyze how recent changes in the Federal Rules of Civil Procedure affect electronic discovery
  • Identify ethical issues related to electronic discovery
  • Prepare a discovery plan for electronic evidence as required under the Federal Rules of Civil Procedure
  • Describe the susceptibility of electronic evidence to spoliation
• Electronic Discovery

Litigation Support

Keeping current with the technology associated with litigation support activities is a challenge for every law office. However, it is particularly important for paralegals. According to the Western New York Paralegals Association (WNYPA), "Litigation support paralegals, to be successful and effective, should be familiar with the software programs and the services that are available for the discovery process, and even the trial process." As WNYPA explains, "Paralegals, in conjunction with the IT department personnel, manage litigation support vendors, provide resources on software programs, assist in the setup of a work team (or e-discovery team), assist with the evidence handling (unitization of documents), scan documents, perform coding of documents, and help set up the protocol for the team to standardize the work product."

To be effective and successful as a paralegal, it is important to understand the fundamentals of litigation support, particularly the e-discovery process. This includes knowing how to store, organize, retrieve, analyze, and present litigation documents and other materials to best serve clients. Other materials may include DVDs, CDs, tapes, and other electronic storage devices. It is important to be familiar with specialty software packages and the most efficient way to search the information they catalog and store. In addition, you will need to understand how to secure needed documents from a variety of sources and understand coding and scanning. Finally, it is important to understand how to be most efficient and effective in the discovery process while paying heed to the ethical considerations involved.

This resource provides instruction for users to:

  • Describe the electronic discovery process 
  • Identify appropriate file formats for a response to a discovery request
  • Explain how various types of software can be used to facilitate electronic discovery efforts of the legal team
  • Describe ethical methods for processing documents for delivery to an opposing legal team
  • Develop a plan to respond to a discovery request
• Litigation Support

Presentation and Trial Graphics

"Show, don't tell." Even though this phrase tends to get overused, it is still valuable advice anytime an idea or concept needs to be communicated. This is particularly true for lawyers at trial. Graphics used in the courtroom can include flip charts drawn on-site, static electronic graphics, animated electronic graphics, and immersion, in which a mix of static and animated graphics is used continuously throughout a lawyer's presentation. A recent study found that the latter seemed to work best on mock juries. They viewed the immersion presentation as evidence of preparedness and found it more compelling than non visual presentations. They also paid attention more, understood it better, and remembered it longer.

As a paralegal in a litigation support team, you will likely need to create presentations and trial graphics. To succeed in this, you will need to be familiar with the technology and the techniques involved in creating presentations and graphics. In particular, it is important to understand the fundamentals of creating a presentation and how to use PowerPoint or other presentation software effectively and efficiently. To do this, you will also need to know what help resources are available for using software programs and how to access them. Lastly, you will also need to be aware of the ethical considerations involved in creating presentations and graphics.

This resource provides instruction for users to:

  • Describe how presentation and graphics software are used in law offices
  • Create graphic exhibits to be presented at trial
  • Describe the functions of menus, tools, and commands in presentation software that is used to create, edit, and save a presentation
  • Prepare an electronic presentation for trial
  • Identify help resources for presentation and graphics software
  • Create graphic exhibits to be presented at trial
  • Describe potential ethical issues related to the use of presentation software in a law office
• Presentation and Trial Graphics

The Electronic Courthouse

Not surprisingly, the advance of technology used in courthouses has kept pace with the technological innovations that law firms use to increase effectiveness and reduce costs. For example, courthouses now have case-tracking software that shows all court personnel what work needs to be done for a case to proceed through the court. Electronic courthouses are also set up to facilitate the use of ESI and reduce reliance on unwieldy paper documents and records. They also use automated e-mail systems to send out important notices to lawyers. As the National Center for State Courts notes, the use of integrated computer systems has made "fundamental changes in the way a courthouse works." In particular, "technology means more than greater efficiency, greater speed, and more information. It has the capacity to change the relationships among the people who make up the court team, and the relationship between the court and the community."

To be effective as a paralegal, you need to be aware of how technology is changing courthouses and courtrooms. In particular, you need to understand how this technology affects a law firm's approach to presenting evidence at trial, both from an effectiveness standpoint and a cost-effectiveness standpoint. This includes understanding the general elements of an electronic courtroom, the specifics of courtroom technology, how best to prepare for trial in an electronic courtroom, and the important security issues related to these technologically advanced venues.

This resource provides instruction for users to:

  • Explain the purpose of back-up plans when using technology in the courtroom
  • Describe the elements of an electronic courtroom
  • Identify technology tools used to present cases
  • List the electronic courtrooms, resources, and technology staff in your jurisdiction
• The Electronic Courthouse

Networking

• Technology Review

Tort Law

Foundations of Tort Law and Overview

While in a grocery store, a shopper slips on a wet floor and falls, breaking an arm. While eating at a fast-food restaurant, a customer spills hot coffee on herself. In both instances, the injured party has reason to receive compensation, although no contract existed between the injured person and the business. Did the grocery store ignore the wet floor that caused the customer to slip? Did the restaurant intentionally serve coffee that was too hot?

The damages in tort cases can encompass more than just physical injury. The injured party may also claim emotional trauma. Tort law has specific terminology to describe the participants and proceedings in tort cases. These terms differ from those used in criminal cases. Typically, the type of compensation awarded in a tort case is monetary repayment rather than jail time, which also differs from the outcome in a criminal case. The basic premise behind tort law is to deter people from doing the same bad acts to others in the future and to compensate victims for losses.

This resource provides instruction for users to:

  • Discuss the purpose and history of tort law
  • Differentiate between the various categories of tort law
  • Define common terms used in tort law
  • Identify the sources of tort law
  • Describe the theory of compensation for tort victims
• Foundations of Tort Law and Overview

Tort Litigation I

• Tort Litigation I

Tort Litigation II

A lot of behind-the-scenes preparation occurs before you reach the courtroom. Up to this point of the process, you have filed the complaint, which outlined the cause of action and the remedy. The defendant knows about the suit because he or she was served, and a proof of service was sent to the court of jurisdiction. The defendant filed an answer to your complaint with the court, possibly including his or her own accusations in a counterclaim. The next sequential components of tort litigation include discovery, the trial, and the appeals process. A paralegal plays an important role in helping to prepare for each step. If you consider the courtroom an arena for a fight, you can see that this early work arms the attorneys to spar with the opponent. Laying the groundwork can make all the difference in winning the match.

During discovery, each side's legal team will research evidence to present at trial. Sometimes you might unearth evidence that weighs in your favor; other times the evidence may not be as helpful. Keeping track of the evidence and notifying the opposing side of what evidence you will use in court are key tasks in discovery. The trial procedures may include motions for rulings by the judge. These requests may alter the resource of the trial or the need for more evidence. Once a jury trial begins, the first action is jury selection. Observations about potential jurors can be useful to the attorney in charge. After the presentation of evidence and the calling of witnesses, the judge or the jury is tasked with rendering a judgment. However, either side can appeal that judgment. Sometimes a case will be appealed to every venue of court possible, reaching all the way to the Supreme Court.

This resource provides instruction for users to:

  • Outline the trial and appeal processes
  • Complete litigation chart as overview of potential case
  • Describe the types of discovery
• Tort Litigation II

Negligence

Negligence may be the most common tort issue litigated. Think of all the cases where a store failed to clean up a spill and a shopper slipped, fell, and was injured. This is a classic case of negligence. The key is whether the incident could have been avoided, or more specifically, if someone was at fault. The store will be called negligent if it is determined that an employee knew of the hazard and failed to correct it before the mishap.

The basis for a case of negligence rests on four elements that must be present and how these elements apply to a situation. You will examine the four elements—duty, breach, cause, and damages—with examples to illustrate each. It might be helpful to formulate a possible negligence scenario of your own that you can measure against the elements. You should then be able to decide whether your hypothetical case meets the definition of negligence.

This resource provides instruction for users to:

  • Identify the elements of negligence
  • Discuss the duty of reasonable care and the reasonable person standard as it pertains to tort law
  • Describe proximate and actual cause
  • Describe the types of damages awarded in tort cases
  • Analyze negligence issues in a case study
  • Define terms associated with the tort of negligence
• Negligence

Proving Negligence

• Proving Negligence

Defenses To Negligence

• Defenses To Negligence

Intentional Torts

• Intentional Torts

Networking

• Defenses To Intentional Torts

Misrepresentation and Business Related Torts

Torts are not limited to acts between people. Business entities are also prone to liability, and potentially, so are their executives. You've likely heard recent news stories about insider trading, corrupt fund managers, or CEOs committing fraud. To gain a better understanding of the legal implications, you will explore some of the ways that a business may be liable in torts and ways that a person may be liable for interfering with a business. Some of the important terms to learn about for torts involving businesses include fraudulent misrepresentation, negligent misrepresentation, interference with economic relations, disparagement of title, interference with contractual relationship, negligent interference with economic advantage, and wrongful discharge.

This resource provides instruction for users to:

  • Describe the various forms of business-related torts and their impact on business
  • Determine how damages are determined in business-related torts
  • Analyze a case to identify potential causes of action for wrongful termination
  • Research a case involving wrongful termination
  • Define terms related to business-related torts
• Misrepresentation and Business Related Torts

Immunity and Privilege

According to Professor Dobbs, "Immunities tend to shield defendants because of their legal status, while privileges tend to shield defendants because their actions were justified in the particular case. Privileges raise fault issues and go to the merits of the case, while immunities may be accorded even to wrongdoers."

You will need to understand privilege and immunity as defenses from tort liability. Both individuals and the government might have immunity. The police may also have privilege and immunity to perform their job without fear of liability. Other cases of privilege and immunity include a citizen's arrest, which means an average citizen can detain someone if he or she has probable cause for an "arrest." Citizens also have the right to sue the government through the Federal Torts Claims Act established in the 1940s. Individuals can also "plead the Fifth," which means that you don't have to testify against yourself if doing so would be incriminating.

This resource provides instruction for users to:

  • Describe the doctrine of immunity
  • Describe the various forms of immunity
  • Analyze a case for privilege and immunity from tort liability
  • Define terms related to tort liability
• Immunity and Privilege

Doctrine of Nuisance

The legal doctrine of nuisance is slightly different from other doctrines in that it serves as an umbrella term for anything that interferes with an individual's interests. This word means annoyance. According to English legal author William Blackstone, it signifies "anything that worketh hurt, inconvenience, or damage." Nuisance can be either public or private. Sometimes the government steps in to mitigate a public nuisance through regulations. Sometimes no action is taken if a nuisance does not meet the three requirements for liability. In addition, you will learn the three remedies for nuisance.

This resource provides instruction for users to:

  • Describe the doctrine of nuisance
  • Describe the interests and requirements for various forms of nuisance
  • Describe the remedies available for a nuisance action
  • Analyze a fact pattern for action in nuisance
  • Define terms related to nuisance
• Doctrine of Nuisance

Strict Liability

By exploring strict liability, or liability without fault, you will be able to see the different circumstances under which it may occur. Strict liability means that a person may be responsible for damages to a person or property, without intent or even negligence. Those persons who engage in certain types of activities will be responsible for any harm, even if they undertake the greatest care to avoid the harm.

Strict liability cases are limited to certain narrowly defined areas of the law, including the following: products liability, which are dangerous products that cause harm, such as foods tainted with salmonella; ultrahazardous activities, such as dynamite blasting or nuclear facilities; care of animals, including wild animals kept as pets or aggressive domestic animals; and certain statutory offenses, such as dangerous conditions on land.

This resource provides instruction for users to:

  • Describe the scope of strict liability under various circumstances
  • Describe available defenses against strict liability
  • Analyze a scenario for claims of strict liability
  • Research state policy on an issue of strict liability
  • Describe the elements of strict liability
• Strict Liability

Product Liability

Product liability results from injuries incurred in the use or sale of a product. The lawsuits regarding children's toys from China that contained lead is an example of a product that caused injury. As with many laws, the history of product liability began in England. The original rule of law was based on caveat emptor, or "let the buyer beware." Eventually, cases began arising that gave plaintiffs some relief, and today, a number of safeguards for consumers are available in the marketplace.

In the law, rarely can one point to a general rule that is both well established and uniformly followed. For a long time, however, such a rule existed that was said to have derived from the English case Winterbottom v. Wright, which was decided in 1842. You will be introduced to the facts of the case and how it led to product liability laws and to some defenses available in product liability cases.

This resource provides instruction for users to:

  • Identify ethical issues related to tort law
  • Identify the parties to a torts action
  • Describe the various theories of recovery in product liability actions
  • Describe how negligence is reflected in product liability and consumer protection laws
  • Describe the defenses available for a product liability action
  • Analyze a case for product liability issues
  • Define terms related to product liability
• Product Liability

Vicarious Liability

• Vicarious Liability

Premises Liability

• Premises Liability

Legal Writing

The Basics of The Research System

It's likely that most of the classes you have taken for your education have called on the skills of writing clearly and researching accurately. Those skills will continue to develop and expand in your role as a paralegal because a great deal of the profession revolves around conducting up-to-date, reliable research and clearly communicating information.

For the paralegal, researching is far more than simply reviewing Google and Wikipedia for details. It means using the most accurate and relevant legal websites, resources, and materials available. Researching also entails traveling to the library to look for information and keeping a legal dictionary close at hand to make sure you understand the facts. Legal research also involves the concept of ethics as you learn to separate researching and analyzing legal information from providing legal advice to others about similar issues. It also requires a working understanding of not only the concept of federalism but also where to find primary sources for U.S. law. Taking the fundamental skills of researching and writing and turning them into excellent skills makes a paralegal's job easier and more efficient.

This resource provides instruction for users to:

  • Give examples of situations requiring legal research
  • Describe the sources and products of legal research
  • Summarize the proper ethical procedure for legal research
  • Determine ethically appropriate responses to research-related situations
  • Describe the research responsibilities of a paralegal
  • Describe the sources and products of legal research
• The Basics of The Research System

The Products of Research

Performing thorough research to locate relevant codes and cases for a project or client is one of the paralegal's most important and common responsibilities. The research process does not end there, however. Paralegals must also demonstrate the products of their research. Frequently, you will be asked to take the information you have found, review it carefully, and then communicate the data to those who need to know what you have discovered. You might share it with an attorney in the firm where you are employed, or send it to an opposing attorney. You might even share the information directly with a judge. Your intended audience is an important factor to keep in mind as you decide how to approach a piece of writing. Understanding who will read and use the information you compile should guide both your style and formatting.

In a paralegal position, you will gather research findings and use them to write case, trial, and appellate briefs, and memoranda of law. You will likely draft other forms of legal correspondence as well, including demand and opinion letters, case summaries, and offers of settlement. Each of these writings requires proper citation to support each statement of law, in addition to presenting proper legal authority.

This resource provides instruction for users to:

  • Describe the purpose and components of a case brief
  • Describe the purpose and components of an internal memorandum of law
  • Describe the purpose and components of a trial brief
  • Describe the purpose and components of an appellate brief
  • Describe the purpose and components of legal correspondence
• The Products of Research

Let's Start

In many ways, a paralegal functions like a detective. However, rather than being out in the field searching for clues and evidence, paralegals examine the history of a reported case's facts and issues slowly and methodically. They learn to compare a client's facts and details to their own research findings and then focus on categorizing these facts. Paralegals then analyze the facts to see what is important enough to include and what is unimportant enough to overlook. Paralegals also examine the potential legal issues of a case. They look closely to determine what legal issues exist and what laws are involved. They also spend time reading case histories and pleadings and learning the specific language used in legal documents.

Finally, paralegals identify other elements involved in case law, including reasoning, holding, and disposition. Each of these elements makes it possible for you, as a paralegal, to do your job well and to have a thorough understanding of the case you and your coworkers will be focusing on in the coming days, weeks, or even months.

This resource provides instruction for users to:

  • Distinguish key facts, explanatory facts, and legally unimportant facts in a case
  • Identify the legal history of a reported case
  • Summarize the legal issues in a client case
  • Summarize the legal issues in a reported case
  • Summarize the holdings, reasoning, and disposition in a case
• Let's Start

Basic Research Tools

Imagine having a job to perform but not knowing where to find the tools you need or how to use them. It would certainly make performing your job more difficult. Paralegals have important tools that they can access when they need to conduct research. Knowing where to find the tools and how to use them are central to working efficiently and effectively. Basic research tools for the paralegal can be found in primary and secondary sources of law, in mandatory and persuasive authority, and in the appellate court process.

Case law is one of the most important search tools in legal research because it explains what decisions were made in the appellate court. An appeal is an important step in law but not an easy one. The appeals process cannot begin until a final judgment has been made, and it must be based not on a simple disagreement but on the suspicion of a true legal error. A paralegal commonly uses primary and secondary resources to conduct essential research regarding legal issues. Knowing which resources to use—and when to use them—is extremely important. Understanding the details once you have conducted research is also a vital component of the job. You will most likely use these tools of the trade every day to make your job easier and ensure reliable research.

This resource provides instruction for users to:

  • Describe sources for legal research
  • Differentiate between primary and secondary sources
  • Identify appropriate uses of primary and secondary sources
  • Define mandatory authority
  • Define persuasive authority
  • Differentiate between the uses of mandatory and persuasive law
  • Differentiate between the uses of enacted law and case law 
  • Identify appropriate uses of non-law sources
• Basic Research Tools

Finding Enacted Law

Case law is one of the main types of primary authority, but not the only one. Other types include enacted federal and state laws, administrative regulations, court rules, uniform laws, and model codes. These types of laws are not resolutions or disputes. Rather, they exist to set guidelines to govern future behavior. You may hear about bills and vetoes all the time on the news but never hear about the in-depth process of how a bill travels from an idea to an actual law. It's important to explore this journey and to understand how state-level bills are enacted and how local ordinances that govern actions within your county or township are created. Laws do not only begin and end in the Senate and House of Representatives. A number of national and state-level organizations also have administrative agencies that focus on specific areas when creating laws.

On the federal level, this includes well-known and powerful agencies such as the Internal Revenue Service (IRS), the Federal Bureau of Investigation (FBI), and even the Federal Emergency Management Agency (FEMA). In addition to administrative agencies, some laws were created solely to determine what can and cannot be done in federal and state courts. These laws govern such issues as the Federal Rules of Evidence and civil, appellate, and criminal procedures. Although uniform laws and model codes are not technically laws. They are written as samples in an effort to standardize laws and to reduce the variations that often exist from one state to another. Such laws help standardize private civil law, particularly those that are part of sales or other commercial transactions.

This resource provides instruction for users to:

  • Describe types of enacted law
  • Distinguish when to use each type of enacted law
  • Distinguish when to use enacted federal versus enacted state law 
  • Locate enacted law relevant to a case
• Finding Enacted Law

Analyzing Enacted Law

Finding enacted law is an important step in the research process, but not the only step. Pinpointing the federal and state statutes and regulations that apply to your client's case is the first step, while analyzing data is the second. All legal analysis has to begin with the supreme law of the land—the U.S. Constitution.

When determining how to help a client, the paralegal determines if federal and state laws are in conflict. Next, a paralegal researches statutory law for applicable laws. As a paralegal, you will also follow the same process with administrative regulations, searching to find any that apply to your client's issues and facts. To be thorough, the research process should include an examination of case law and other code sections. The research process is not always easy; sometimes reading legal documents and laws is a slow process because they can contain difficult language, complicated details, and multiple pages that have little in common. Writing an outline of what you find during your research will help in many ways, including when you must compile the information in a concise memorandum of law. This document is an important one, and because of that, a number of paralegals follow the IRAC method for organizing their facts.

This simple four-step method carries the document from stating the issue, to relating the relevant law, to presenting an overall analysis, and then finally stating a conclusion. This organization creates a strong and objective memorandum of law that can be shared with a client with confidence.

This resource provides instruction for users to:

  • Determine whether enacted law applies to a case
  • Apply enacted law to a case's facts
  • Explain relevance of a type of enacted law to a case
• Analyzing Enacted Law

Finding Case Law

As a paralegal, it is essential to understand the different types of case law and how they can help you research and support your client's legal issue. Interpreting the court's opinions and understanding how those opinions often result in setting important legal precedents are also vital. And while reading legal documents such as opinions can be challenging, learning the format can help you to pinpoint relevant details with speed and efficiency.

Case law comes in a variety of formats, including federal, state, civil, and criminal. The federal courts are divided between Article I and Article III, both based on the articles of the Constitution. The jurisdiction of these two courts differs and deals with such broad issues as international trade and appeal to tax court and bankruptcy. With 50 types of state court systems throughout the country, they have many different names and attend to a varying list of matters, including disputes over wills, custody disagreements, minor traffic violations, and infractions of city ordinances.

As a paralegal, researching case law will be one of your most common responsibilities. The first step involves determining whether federal or state law has the most relevance to your client's legal question. Pinpointing the truly relevant cases and taking notes on them is the next step. To make this process easier, paralegals often rely on digests and secondary sources, such as legal encyclopedias, periodicals, and treatises. Each of the steps in finding case law will help you become a more effective paralegal who not only supports and answers your client's legal issue but also maintains efficiency in any legal setting.

This resource provides instruction for users to:

  • Describe types of case law
  • Distinguish when to use each type of case law
  • Distinguish when to use federal case versus state case law
  • Locate case law relevant to a case
• Finding Case Law

Analyzing Case Law

• Analyzing Case Law

Finding The Law: Secondary Sources

As you explore to find answers and clues to your client's legal question, you will discover that secondary sources of law contain important details that can support your research in a number of ways. Secondary sources provide well-written, professional explanations and summaries of many cases. Legal experts of all types analyze cases and court decisions, and each of these can help you learn how a legal question is addressed in the courtroom. In addition to explaining cases, secondary sources include essential citations—the facts that you need to continue your search and locate primary authority.

This resource provides instruction for users to:

  • Apply secondary sources to a relevant case
  • Use secondary sources when researching a topic
  • Locate secondary sources relevant to a case
• Finding The Law: Secondary Sources

Making Comparisons

Being a paralegal means spending a great deal of time reading, researching, and taking notes. You will read dense and challenging legal documents to best serve your employer and your client. You will also sort facts, note citations, and complete charts. Along with these responsibilities, you will also focus on making comparisons between the details and facts of your client's case with the details and facts of a variety of cases, statutory laws, and administrative regulations. You will search for similarities that you can analyze and eventually use as precedent.

For making comparisons, you will commonly rely on online and published sources, such as the United States Code Congressional and Administrative News and the Federal Register. Reading laws, cases, and regulations engages several important paralegal skills. You will learn how to separate facts into those that are relevant and those that are not. You will also discover how to carefully read opposing cases, which can offer important insight into the opposing counsel's future arguments. You will learn to pay close attention to the use of small but powerful words, such as and and or, and how such words impact the power and implications of a law. Making comparisons is often a time-consuming process, but it can make all the difference in a client's final verdict. It can also help you develop the skills you will need to be a valued part of the legal team.

This resource provides instruction for users to:

  • Define the concepts of stare decisis and precedent
  • Explain the relevance of a researched case to a client's case
  • Compare a researched case to a client's case
  • Identify precedents favoring a client and favoring the opponent
  • Differentiate between statutes and regulations
• Making Comparisons

Finding Current Law

Imagine that the lawyer you work for has just walked into the courtroom. In his hands are the research findings you have spent hours compiling for him. As he speaks to the judge, the opposing counsel quietly states that the case your lawyer just referred to has been completely overturned or dismissed. Suddenly, the validity of your lawyer's research and reputation is questioned, as is the outcome of your client's case, simply because you did not properly validate your sources.

No paralegal wants to experience a scenario such as this, which is why they spend time validating their research findings. It is absolutely essential to ensure the authorities you include in legal documents to support a client's case are updated and validated. This process can be difficult and time consuming, but a variety of citator services are available to assist paralegals. Shepard's® Citations Service has existed for many years and is used so frequently that the word Shepardizing has become synonymous with validating. This source is available online and in print. Two other electronic services are KeyCite® and Auto-Cite®. KeyCite® is sponsored by Westlaw and available through a subscription, while Auto-Cite is provided by LexisNexis. While these three resources each have advantages and disadvantages, they all focus on the same basic goal: making it easier to ensure that your legal authorities are accurate, current, and reliable. In turn, this means you have done an excellent job for your lawyer, and he or she can walk into the courtroom with confidence.

This resource provides instruction for users to:

  • Describe the purpose of a citator
  • Describe how various types of authority can be validated
  • Explain validation in the context of case law
  • Confirm that a case is correctly updated using print and online resources
  • Describe how various types of authority can be validated
  • Explain validation in the context of case law
  • Find parallel citations to a case in other legal resources
• Finding Current Law

Preparing To Present The Results

Do you remember all the times you sat in an English class and heard your teacher announce a research paper assignment? If you are like most students, you didn't welcome this announcement. Fortunately, every skill that those assignments taught you about writing will be used in your career as a paralegal. All those punctuation, spelling, and grammar rules that you had to learn and practice will play a role in composing professional legal documents. As you revisit basic writing concepts such as proper word choice, subject-verb and noun-pronoun agreement, parallelism, wordiness, and double negatives, refresh your memory and relearn the rules. Organizing your information before you write is a strategy that still holds true today.

Before starting a legal document, the information must be organized in a way that fits the audience and the intent. Sometimes it may be best to organize details in chronological order, and at other times, it may be best to take the reader from a problem to the solution. You might focus on cause and effect or tackle details in order of importance. Whatever organizational method you choose, be sure your writing includes a clear introduction, a body of supporting details, and a conclusion. In other words: say what you're going to say, say it, and then say what you've said.

This resource provides instruction for users to:

  • Apply fundamentals of good writing to legal documents
  • Write legal documents applying an advocacy tone
  • Write legal documents applying a neutral tone
  • Apply fundamentals of good writing to legal documents
• Preparing To Present The Results

Producing A Case Brief

Do you remember all the times you sat in an English class and heard your teacher announce a research paper assignment? If you are like most students, you didn't welcome this announcement. Fortunately, every skill that those assignments taught you about writing will be used in your career as a paralegal. All those punctuation, spelling, and grammar rules that you had to learn and practice will play a role in composing professional legal documents. As you revisit basic writing concepts such as proper word choice, subject-verb and noun-pronoun agreement, parallelism, wordiness, and double negatives, refresh your memory and relearn the rules. Organizing your information before you write is a strategy that still holds true today.

Before starting a legal document, the information must be organized in a way that fits the audience and the intent. Sometimes it may be best to organize details in chronological order, and at other times, it may be best to take the reader from a problem to the solution. You might focus on cause and effect or tackle details in order of importance. Whatever organizational method you choose, be sure your writing includes a clear introduction, a body of supporting details, and a conclusion. In other words: say what you're going to say, say it, and then say what you've said.

This resource provides instruction for users to:

  • Document the case name and its citations
  • Document the facts in the case
  • Identify components of a case brief
  • Document the judicial history of the case
  • Document the issues in the case
  • Document the relevant primary sources for the court's reasoning
  • Document the court's reasoning and its holding
• Producing A Case Brief

Producing An Internal Memorandum of Law

Do you remember all the times you sat in an English class and heard your teacher announce a research paper assignment? If you are like most students, you didn't welcome this announcement. Fortunately, every skill that those assignments taught you about writing will be used in your career as a paralegal. All those punctuation, spelling, and grammar rules that you had to learn and practice will play a role in composing professional legal documents. As you revisit basic writing concepts such as proper word choice, subject-verb and noun-pronoun agreement, parallelism, wordiness, and double negatives, refresh your memory and relearn the rules. Organizing your information before you write is a strategy that still holds true today.

Before starting a legal document, the information must be organized in a way that fits the audience and the intent. Sometimes it may be best to organize details in chronological order, and at other times, it may be best to take the reader from a problem to the solution. You might focus on cause and effect or tackle details in order of importance. Whatever organizational method you choose, be sure your writing includes a clear introduction, a body of supporting details, and a conclusion. In other words: say what you're going to say, say it, and then say what you've said.

This resource provides instruction for users to:

  • Explain the purpose of an internal memorandum of law
  • Document the facts of a case
  • State the legal issues in a case
  • Discuss the issues in a case
• Producing An Internal Memorandum of Law

Other Legal Documents

• Other Legal Documents

Wills, Trusts & Estates

Overview of Estate Planning

It is important both professionally and personally to understand the importance of preparing an estate plan. Upon death, there are various ways to distribute and protect property, including wills and trusts. Many individuals do not understand the different categories of property or the concepts associated with the different types of ownership interests. For example, did you know that if you do not have an estate plan in place, your property, or a client's property, could be in jeopardy of going to the state? Also, were you aware that there is a difference between property that is considered for probate and that which does not qualify for probate? It is especially important for a paralegal to be familiar with estate terms, forms, and differences of property. This will help better assist clients to ensure their wishes are clearly expressed and carried out.

This resource provides instruction for users to:

  • Describe the reasons for preparing an estate plan
  • Define "intestate" and "testate"
  • Describe the different categories of property
  • Describe the types of property ownership
  • Identify sources of estate law
  • Give examples of probate and non-probate property
  • Examine the basic rules of jurisdiction and venue for executing a will
• Overview of Estate Planning

Intestate Succession

• Intestate Succession

Basic Estate Planning and The Will

Estate planning often centers on the creation of a will. A will provides a means of devising to whom you would like your belongings and property to be disbursed upon your death. You may want a certain family member to receive only one of your belongings, while you may desire the bulk of your personal assets to be given to another family member or a good friend. You may also make sure that funds are available for a relative or a friend to use by creating a fund so that money from your estate is placed into it upon your death.

A will enables the testator or testatrix to bequeath property as he or she desires. It is with careful planning that the will becomes a powerful instrument helping to assure wishes are carried out after someone passes away. Wills must conform to certain formalities to be valid, modified, or revoked.

This resource provides instruction for users to:

  • Describe the content of a will
  • Describe valid and invalid forms of gifts
  • Describe the purpose of a self-proving affidavit
  • Describe the procedure for modifying an existing will
  • Describe how an existing will can be revoked
• Basic Estate Planning and The Will

Power of Attorney, Power of Attorney Health Care, and Living Will

Estate planning and wills cannot be discussed without the inclusion of powers of attorney and advanced directives. It is important to be aware of these documents because they are helpful in allowing others to act on your behalf. There are several categories of the power of attorney. One type is the general power of attorney, in which the granted person may have a very broad range of activities to perform. Another type is the limited power of attorney. As the term suggests, the duties of this individual are limited in scope. There is also a durable power of attorney, which is typically granted as a result of an individual's incompetency.

Finally, there is the power of attorney health care, which is an advanced care directive that provides details on a principal's health care wishes and medical interventions. It is important to distinguish the various types of power of attorney and be aware of the function and requirements of a living will, so that a principal's wishes can be properly carried out.

This resource provides instruction for users to:

  • Describe the difference between a power of attorney and a durable general power of attorney
  • Draft a health care power of attorney
  • Draft a living will
• Power of Attorney, Power of Attorney Health Care, and Living Will

Drafting, Execution, and Storage of Basic Wills

• Drafting, Execution, and Storage of Basic Wills

Networking

• Trusts

Tips For Drafting Trusts

• Tips For Drafting Trusts

Overview of Estate Administration

• Overview of Estate Administration

Issuance of Letters of Appointment

Before any letters of appointment can be issued, a client will meet with an attorney. However, it is likely that a paralegal will need to request that the client bring in as many of the decedent's estate documents as possible for the conference. Such documents may include a will, codicils, a trust, the decedent's death certificate, and any other requests that the estate planning law firm may have. It is important to realize that estate clients often want to know what it will cost to administer an estate. Keeping any unauthorized practice of law (UPL) rules in mind, you may not give any legal advice and should indicate this discussion is for the attorney. Although many heirs want to know how long the decedent's estate administration will take, the answer depends on the type of probate, if there is any real property to be sold, tax matters, and any potential will contests.

If a paralegal is asked to gather information, he or she may be asking about personal data regarding the decedent, the decedent's finances, and surviving relatives. This information will be useful in determining the decedent's creditors, heirs, and beneficiaries so that the probate proceedings may begin. A properly completed petition will be filed with the court. Other documentation may be required depending on the state's requirement. This might include letters to banks and obtaining an employer identification number (EIN) for the estate. Further letters of appointment may include letters of administration, letters of authority, and testamentary or domiciliary letters.

This resource provides instruction for users to:

  • Outline the procedure to administer a decedent's estate
  • Prepare a checklist for the initial probate client conference
  • Draft the initial estate administration documents
  • Explain the process for obtaining Letters of Appointment
  • Draft a Letter of Appointment
• Issuance of Letters of Appointment

Inventory and Appraisal

A paralegal's work is ongoing even during the inventory and appraisal process. Upon preparing and filing the initial estate documents with the court, it is often the paralegal's responsibility to help produce an inventory and valuation of the decedent's assets. Accuracy is paramount. An inventory describes the value of the decedent's assets at the time of death. An inventory identifies the document, the attorney's name and address, the estate's name, the court of jurisdiction, and a case number for reference. The personal representative signs the inventory and can attest to it.

Depending on the state, an inventory may be filed from 30 days to six months. An inventory also details all assets as well as specific identifications such as account numbers, locations, stock certificate numbers, mortgages and liens, and descriptions of land. Sometimes the court will require that an appraisal of certain items be made to determine the fair market value. The personal representative, an interested party, or the law firm may also find that an appraisal is warranted. In any event, accuracy of the value of the decedent's estate is needed for determining the value of assets and distribution.

This resource provides instruction for users to:

  • Describe the appraisal process
  • Outline the procedure for identifying assets for the inventory
  • Draft an inventory document
• Inventory and Appraisal

Creditors' Claims

Creditors take precedence over beneficiaries and state statutes, as well as the Uniform Probate Code (UPC). There is specific protocol that must be followed when settling the debts that a decedent owed to creditors, as well as a means of determining which creditors get paid. A paralegal should be aware of the types of notices that can be given to creditors, as well as creditor's options, how to present a claim, and the UPC's procedure for handling creditors' claims. It is also important to understand how an estate can respond to known claims and the preference of creditors.

This resource provides instruction for users to:

  • Summarize the procedure for notifying creditors of the claim procedure
  • Draft a Notice to Creditors Analyze the creditor's options in pursuing collection against the estate
  • Outline the estate response options to creditors who have presented claims
  • Explain the rationale for creditor preference rules
  • List the order of creditor preference
• Creditors' Claims

Tax Law As It Relates To Wills, Trusts, and Estates

A paralegal's role in tax preparation with regard to an estate will vary across law firms. Some paralegals are asked to prepare simple tax returns. However, some estates are large and complex. Nonetheless, a paralegal should be aware of background information regarding taxes, and especially those areas that apply to the administration of a decedent's estate. These include estate tax, inheritance tax, fiduciary tax, and a final income tax return.

Knowing how to obtain an employee identification number (EIN) is also helpful. Filing a tax return on behalf of a deceased individual is important because he or she was alive during part of the year. Utilizing legitimate deductions on a tax return assists in reducing the amount of tax an estate will owe and deductions are subtracted from gross income.

This resource provides instruction for users to:

  • Describe how tax law applies to a decedent's final tax return
  • Identify relevant aspects of tax law implicated in the probate process
  • Describe the preparation of an income tax form
  • Summarize tax saving devices used in estate planning
• Tax Law As It Relates To Wills, Trusts, and Estates

Estate, Inheritance, and Fiduciary Taxes

Death and taxes are inevitable. Even though most estates avoid federal estate tax, some states have a special form of estate tax, inheritance tax, and fiduciary taxes. Many state estate taxes are linked to the federal tax code. This tax is placed on the privilege of transferring property and is determined by the value of the property being transferred. It is important to understand the difference between an estate tax and an inheritance tax.

An estate tax is only charged once, but an inheritance tax is placed on a beneficiary for receiving wealth from a decedent. States that have inheritance tax often examine the closeness of the relationship between a decedent and beneficiary and will adjust the tax based on relation. Another tax to be familiar with is the fiduciary tax, which is a tax placed on income earned by an estate or a trust. Dividends from stock that is part of an estate would is an example of fiduciary tax. Calculating fiduciary tax involves salaries, wages, business or trust income, and dividends. This tax is calculated for each year the estate is opened. Deductions are subtracted from gross income, with $600 that can be used as an exemption. If the amount of tax exceeds $600, the preparer will determine if the alternate minimum tax would be better to pay. Income or deductions may be passed on to beneficiaries or heirs receiving residual gifts during the final year an estate is open.

Once taxes have been prepared, filed, and paid, the taxing authority may acknowledge which responsibilities have been met by issuing closing. Letters that verify the personal representative has fulfilled his or her duties adhering to tax filing and payment requirements are often filed with the probate court.

This resource provides instruction for users to:

  • Describe estate tax
  • Define inheritance tax
  • Identify how a fiduciary tax is triggered
• Estate, Inheritance, and Fiduciary Taxes

Final Accounting and Estate Closing

• Final Accounting and Estate Closing

Additional Estate Administration Procedure

• Additional Estate Administration Procedure

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