Litigation - Study Questions free essay sample

The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting interviews and scheduling and maintaining client contacts. The support staff are those individuals within the firm that work collectively to accomplish assignments. Investigators are those that conduct the research and gather facts regarding the case to validate or find fault in legal issues of the case. The information technologists (IT) individuals are those who maintain the software and hardware in the firm and keep the necessary equipment operational. Question #4. Why do lawyers in civil litigation rely upon the members of a legal team? Lawyers rely on the members of the team because of the amount of work that has to be accomplished to prepare a case. Law firms have assigned duties and responsibilities for these members and they work collectively to accomplish their goals. Question #5. What are the skills required of the civil litigation paralegal? The skills necessary for the paralegal include having people and communication skills, being resourceful, being committed, having analytical abilities, and being professional. The paralegal is expected to be a well-rounded professional influence in the firm. Question #6. What are the tasks the civil litigation paralegal can expect to perform? The paralegal can expect to conduct interviews of the clients and witnesses, investigate facts to validate or discredit data, conduct discovery, drafting pleadings, assisting at trial, time keeping, and maintaining the budget. Question #7. Explain the relationship between the skills of the paralegal and the tasks assigned. The relationship between the skills and tasks are the client representation and ensuring there are no conflicts of interests. The skills are necessary to accomplish the tasks required to function. Question #8. Does having family members working in separate offices of the same firm create issues of client confidentiality? There would be no issues in client confidentiality if the family members left work at the office and did not talk about the case outside their office. Chapter 2 Review Questions: Question #3. What is ethics? Ethics are basic guidelines for conduct. These are also known as rules of professional responsibility. Question #4. What is the purpose of the confidentiality rule in the legal setting? Confidentiality allows the client to work with the attorney and legal team by relaying personal information so they can provide counsel and assistance. The confidentiality rule assures the client that this information will remain confidential and non-disclosed. Question #5. Can the confidentiality between attorney and client be lost? Yes, this information can be disclosed to prevent the commitment of a crime and to defend against a client’s suit. Question #6. What ethical guidelines, if any, does your state follow? The military environment follows the Standards of Conduct, providing guidance to military personnel on standards of conduct and ethics. Violations of the punitive provisions by military personnel can result in prosecution under the Uniform Code of Military Justice (UCMJ). For civilians, the consequences can be fines, civil penalties, and termination of employment. Question #7. What is the ethical obligation of a paralegal to the firm’s client? The paralegal should disclose their status to the client at the beginning of the relationship. Question #8. What is the ethical obligation of the paralegal to the court? The paralegal should avoid all conduct that undermines the integrity of the litigation process. They have an obligation not to mislead the court or opposing counsel. Question #9. What is the ethical obligation of a litigation support staff member to the client? To the court? Of a litigation support person from outside firm or consultant? The support staff owes the client confidentiality and fairness. They owe the court their honesty in not misleading the court with false statements or facts known to be false. The litigation support person owes their confidentiality and ethical conduct. Question #10. Why is conflict of interest an issue for the legal team? If the legal assistant or paralegal â€Å"floats† or works with different staff within a firm, this could cause a conflict of interest. Question #11. What are the ethical issues for a law firm using outside computer or technology consultants? The issues are with the data within those types of equipment. Client confidential information cannot be available to anyone outside the representing legal team. Using outside equipment creates a potential for data leak. Question #12. Do the ethical rules of fairness prevent lawyers from aggressively advocating a client’s position? So long as the attorney complies with the rules of the court and presents truthful facts and data to support the client’s position, no ethical dilemma occurs. Question #13. Why would a partner in a law firm be required to supervise the other lawyers in the firm? The supervising attorney is responsible for the ethical conduct of everyone on the legal team. There is a duty to supervise to ensure no ethical breaches or lapses occur. Question #14. How can members of the legal team demonstrate that they have been adequately supervised? By their commitment and performance of their duties. They can also show where they have received documented guidance and training. Thomas F. Goldman Alice Hart Hughes, Civil Litigation: Process and Procedures (2nd Edition) (2011)