The Civil Litigation Paralegal, Unauthorized Practice of Law, Fairness in Litigation, Technology, and Jurisdiction/Venue Defined

-



The role of a civil litigation paralegal may vary depending on the size of the law firm, as well as the individual cases assigned. Peggy Kerley, Joanne Banker Hames & Paul Sukys, Civil Litigation 1-8a (8th ed. 2020). For example, more than one paralegal may be assigned to a case, each with their own responsibilities such as legal research, organizing, and indexing documentary evidence. Id. Other responsibilities include organizing client files, communicating with the client, gathering evidence, drafting pleadings, preparing orders for motions, drafting briefs, and several others. Id. at 1-8b. While there are many responsibilities associated with the litigation paralegal, there are several key skills necessary to perform those responsibilities successfully. Some of these skills include communication skills, organizational skills, and research skills. Id. at 1-9.

While paralegals do play an integral role in the litigation team, there are still limitations regarding what they are authorized to do. Paralegals are not attorneys, therefore they are not permitted to practice law. Id. at 1-8c. Unless qualified for very limited and specific circumstances, paralegals are typically not permitted to appear in court, ask questions at a deposition, or give legal advice to a client. Id.

Honesty and fairness in litigation are principles that are held in high regard. Without these principles, fraudulent practices, the abuse of the legal system, and the infringement upon the U.S. Constitution is inevitable. Id. at 1-5c. For example, critics have pointed towards tort litigation and the unreasonable punitive damages that have been awarded, which has led federal legislatures to consider legislation to control this area. Id. Other areas of litigation that have been criticized and limited revolve around medical malpractice and class action lawsuits. Id. For example, in 2005 congress passed a law that set boundaries and expectations within class action lawsuits. Among these provisions include a limit on attorney's fees and broader access to federal courts. Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4. 

Over the past three decades, the use of technology within law firms, as well as courts, has grown exponentially. It is important for a paralegal to be savvy with the various hardware and software that is typically used in this field. Within the law firm, there are a number of applications that assist with the creation, storage, and transfer of documents such as Microsoft Word, Adobe Acrobat, and cloud computing software. Kerley, Hames & Paul Sukys, Supra, at 1-7a. Smartphones and tablets have also become a popular means of communication throughout the workplace through the use of email and social media applications. Id. The courts have their own methods of filing documents electronically. Id. at 1-7b. Federal courts use a comprehensive system, known as Case Management and Electronic Case Files (CM/ECF). Id. If there are any pretrial conferences or motions needed to be performed, the use of video/teleconferencing technology is commonly used, as well. Id.

Jurisdiction can be defined as the power or authority of a court to hear a particular case. Id. at 2-5. A simple way to determine which court holds jurisdiction over a case is to figure out whether a lawsuit arises under state or federal law. Id. However, when a case is not as obvious, especially with cases that involve parties who are not residents of the same state or a business that operates in multiple states, jurisdiction is harder to pinpoint. There are two factors that need to be analyzed: (1) The type of case, and (2) the residence of the defendant (or in some cases where the defendant has property). Id. 

A venue can be defined as the specific geographical location of the court or courts where an action should be brought. Id. at 2-9. In the federal system, this determines which is the proper district, whilst in state court systems, this often determines the proper county or counties. Id.

Comments

Post a Comment

Popular posts from this blog

Scenario: Minnesota Law (w/ Case Briefs, Statute Explanation, and Table of Authorities)

-
Image
Scenario The managing partner at your Minnesota law firm wants you to research and provide information concerning a minor’s lack of capacity to enter into a binding contract. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. 1. Ramsey Cnty. v. Guardian Ad Litem, 853 N.W.2d 813 (Minn. Ct. App. 2014). 2. Winter v. Skoglund, 404 N.W.2d 786 (Minn. 1987). 3. O'Brien Ent. Agcy. v. Wolfgramm, 407 N.W.2d 463 (Minn. Ct. App. 1987). She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning a minor’s lack of capacity. 1. MINN. STAT. ANN. § 645.45 (West 2016). 2. MINN. STAT. ANN. § 524.2-501 (West 2016). After you have located those four cases and two statutes, please provide one case brief for each case, for a total of four case briefs. Also, please provide an explanation for each statute. Minnesota Case Briefs and Statute Breakdown Citation: Ramsey Cnty. v. Guardi
Read more

Attorney vs. Paralegal: Rules of Ethics & Professional Obligations

-
Image
Ethics for the Attorney and Paralegal The ethical foundation set in place for both attorneys and paralegals is an ever increasing matter of importance. Direct state regulation and regulation by state bar associations, like the ABA, continue to issue guidelines. Though their regulations and ethical obligations are very similar, the paralegal and the attorney vary slightly. For instance, paralegals are not directly regulated by the state, with the exception for California where it is required to meet specific educational requirements to be a practicing paralegal. The ethical codes and regulations that are set in place for attorneys indirectly affect the paralegal. For the most part, all states ethical codes are based directly off of the revised ABA canons: The Model Code for Professional Responsibility and the Model Rules for Professional Conduct . Lastly, even though paralegals are not being directly regulated does not mean that a violation of a rule governing attorneys will not have ne
Read more

Client Letter: King v. Sunny Days Resort

-
Image
  The Law Offices of Patrick, Swayze, and Zimmerman 751 Main Street Friendly, New Washington 00065 (200) 444-7778 • FAX 444-7678 • www.patricklaw.com October 15, 2021 Ms. Esther King 139 Main Street Friendly, NW 00065 Re: King v. Sunny Days Resort Dear Ms. King: The purpose of this letter is to inform you of the status of your case and summarize the law with regard to the facts of your case. Our law office has decided to take your case since we believe that a bailment was created when your sunglasses were left at the front desk of the Sunny Days Resort. In order to determine whether or not a bailment was created, there are two elements that the court will apply to the facts of your case - possession and an intent to physically control your sunglasses were present at the time. Possession occurs when one has physical control over another’s property and an intent to exercise that control. In Morris v. Hamilton , possession occurred when Morris decided to physically take co
Read more