Civil Interviewing and Investigating for Paralegals

Civil Interviewing and Investigating for Paralegals : A Process-Oriented Approach

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Description

For undergraduate pre-law courses and paralegal courses. Synthesizing the theoretical with the practical, this text presents topic coverage in the same order as problems are encountered in the real world. Assuming knowledge of core areas of law, and civil litigation, the textbook walks the student through the steps of the trial process, outlining the practical steps, and introducing the evidentiary concepts that accompany each item that must be investigated as they unfold. The text is written in a conversational tone, more like a college audience magazine than a typical textbook, to engage the reader in the material.
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Product details

  • Paperback | 576 pages
  • 203.2 x 251.5 x 22.9mm | 1,043.27g
  • Pearson
  • Upper Saddle River, NJ, United States
  • English
  • 0131118919
  • 9780131118911

Table of contents

(NOTE: Each chapter concludes withChapter Summary, For further reading:Chapter Review,Vocabulary List, Fill in the Blanks, Web Work, Working the Brain, and Putting it to Work). 1. The Law Office Environment. Introduction Law Office CategoriesBy SizeSole Practitioner Small FirmMedium-Sized Firm Large firmsBy PracticePersonal Injury (PI) Law Consumer Protection Commercial Litigation Family LawProbate Law Criminal LawNon-traditional EmploymentThe Role of the ParalegalOther Support StaffEthical IssuesEvidentiary IssuesGetting Organized Filing Timetables/Calendaring Running Tallies: Costs, Damages, Billing 2. The Client: Plaintiff's Perspective. Ethical IssuesUPLConflict of Interest Ethical or Chinese Wall Evidentiary IssuesAttorney Client PrivilegeAttorney Work Product An Initial Client Call The Initial InterviewObjectivesPreparationMannerTechniquesContentReleasesContingency Fee ContractsHourly Billing and RetainersWrapping it upClient EvaluationInvestigation PlanFinding Potential DefendantsDemand letter or Complaint Client Contact Background Checks Finding Potential Defendants 3. The Client: Defendant's Perspective. Introduction Ethical Issues Dual Representation Evidentiary Issues Rule 403 Hearsay Party-Opponent Admissions The Initial Interview Emotional Baggage and Venting Nonverbal communication Using the ComplaintThe PaperworkFollow-up 4. The Opposing Party. Introduction Ethical IssuesNo Contact RuleRepresentation of CorporationsEvidentiary IssuesCharacter EvidencePropensity EvidenceHabit EvidenceInformal Investigation SurveillanceDiscoveryDiscovery for Parties OnlyDepositions: Discovery for Everybody Foreign Opposing PartiesWorking with Opposing Counsel and Staff 5. Fact Witnesses. Introduction Ethical IssuesDisclosureTape Recording Evidentiary IssuesPrivilegesExceptions to Privileges Finding WitnessesThe CourthouseThe DMVThe Internet The United StatesPostal Service (USPS)Paying for Help InterviewsPractical ConsiderationsWhat to TellWhat to AskHow to Ask The Witness Who Knows Nothing Witness Statements Witness Summaries Cost Considerations 6. Special Issues with Witnesses. Introduction Ethical Issues Client wishes and the incompetent clien Evidentiary Issues Witness Competency Children Elderly Clients or Witnesses Disabled or Impaired Clients or WitnessesHearing impairmentsVision ImpairmentMobility impairmentGeneral issuesLanguage BarriersCultural Barriers & Racism 7. Documentary EvidenceIntroductionEthical Issues Rambo litigatorsEvidentiary IssuesBusiness Records ExceptionAuthenticationInformal Methods Releases and other requests FOIAFormal Methods Request for Production Depositions Deposition by Written Questions Calling Witness at TrialAutomobile Accident ReportMedical Records 8. Documentary Evidence, cont.: Edocuments and other Computer Discovery Issues.MetadataEmailCost IssuesProtective Orders and SpoliationDeath Penalty Sanctions 9. Background Resources. Ethical Issues Evidentiary Issues Sources Government Sources Government Sources: FOIA Reading Rooms Market Reports and Other Commercial Publications Reference Books and other Learned Treatises10. Expert Witnesses.Ethical IssuesEvidentiary IssuesFinding ExpertsEvaluating ExpertsCost ConsiderationsUse of ExpertsPurely ConsultingConsulting/TestifyingIn-House ExpertsDiscovery and Opposing Experts11. Real and Demonstrative EvidenceReal EvidenceDemonstrative evidenceEthical IssuesEvidentiary IssuesObtaining and Authenticating Physical EvidencePreservation, Inspection, Testing, and Spoliation IssuesWhat, When, and How of Demonstrative EvidenceCharts and TimelinesDocumentsPhotographs and videotapesComputer Animation12. Witness Preparation.Ethical IssuesEvidentiary IssuesPreparing Witnesses to TestifyJury ConsultantsGeneral Stress Reduction Techniques13. Ending the Litigation. Ethical issuesEvidentiary IssuesParties with Interest in the OutcomePhysical or Mental Health Care LienholdersMechanics/MaterialmenTaxing EntitiesSettlement PresentationsMediation PresentationsTrial PreparationTrial notebook Jury selectionIntroduction of EvidencePost trial jury canvassing
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