The Paralegal's Handbook; A Complete Reference for All Your Daily Tasks
by Anita Haworth; Lesley CoxEdition: Revised
Format: Paperback
Pub. Date: 2010-10-05
Publisher(s): Kaplan Publishing
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Summary
Paralegals are the backbone of the legal business. The Paralegal's Handbook is a guide to the responsibilities and tasks a paralegal may be asked to undertake. From investigation and fact gathering to document control and discovery, experienced paralegals Anita G. Haworth, RP, and Lesley G. Cox, RP, help legal secretaries and paralegals in their day-to-day lives.
Author Biography
Anita G. Haworth, RP, has been a paralegal since April 1989 and is a senior litigation paralegal at Campbell Kyle Proffitt LLP in Carmel, Indiana. Anita served as the President of National Federation of Paralegal Associations, Inc. (NFPA) for the 2006-2008 term. She has held other NFPA positions and is an experienced speaker and presenter on paralegal topics, including PACE, ethics, management, and leadership skills. Lesley G. Cox, RP, is a litigation paralegal at Church, Church, Hittle Antrim in Noblesville, Indiana. She is a past President of the Indiana Paralegal Association and served as Vice President and Director of Positions and Issues and Vice President and Director of Profession Development of the National Federation of Paralegal Associations. She has authored numerous articles on issues related to the paralegal profession and has presented seminars on discovery, litigation, and trial preparation.
Table of Contents
| Overview of Paralegal Practice | p. 1 |
| Utilization | p. 2 |
| Ethical Responsibilities of Paralegals | p. 6 |
| Confidentiality Rules | p. 7 |
| Unauthorized Practice of Law | p. 10 |
| Definitions | p. 10 |
| Investigation and Fact Gathering | p. 13 |
| The Basics | p. 13 |
| Resources | p. 17 |
| Getting to Work | p. 19 |
| The Interview | p. 22 |
| During and after the Interview | p. 26 |
| Investigating People and Companies | p. 28 |
| Investigating the Location | p. 30 |
| Investigating and Gathering Documents | p. 32 |
| Electronic Documents | p. 34 |
| Investigating Other "Things" and Sources of Information | p. 34 |
| Wrap-Up | p. 35 |
| Trial Presentation Software | p. 37 |
| Document Management | p. 39 |
| Basic File Management | p. 39 |
| Computer File Organization | p. 40 |
| Developing a System | p. 41 |
| Maintaining the System | p. 43 |
| Numbering Documents | p. 43 |
| Indexing Documents | p. 44 |
| Creating a Database | p. 45 |
| Hardware and Software | p. 46 |
| Imaging Documents | p. 46 |
| Privileged versus Non-Privileged Documents | p. 48 |
| Using Binders for Organization | p. 49 |
| Managing Trial Documents | p. 50 |
| Conclusion of the Case | p. 52 |
| Preparing Files for Storage | p. 53 |
| Practice-Related Documents and Files | p. 54 |
| Discovery | p. 55 |
| Scope of Discovery | p. 56 |
| What is Discoverable? | p. 56 |
| What is Not Discoverable? | p. 57 |
| Interrogatories | p. 58 |
| Reasons for Using Interrogatories | p. 58 |
| Advantages of Interrogatories | p. 59 |
| Disadvantages of Interrogatories | p. 59 |
| Preparing to Draft Interrogatories | p. 60 |
| General Topics | p. 61 |
| Drafting Interrogatories | p. 62 |
| Responding to Interrogatories | p. 63 |
| Objections to Interrogatories | p. 65 |
| Supplementing and Amending Responses | p. 66 |
| Requests for Production of Documents | p. 67 |
| Preparing to Draft Requests for Production | p. 67 |
| Drafting Requests to Produce Documents | p. 68 |
| Responding to Requests for Production of Documents | p. 70 |
| Requests for Admissions | p. 72 |
| Preparing to Draft Requests for Admissions | p. 73 |
| Drafting Requests for Admissions | p. 74 |
| Requests for Admissions of the Genuineness of Documents | p. 74 |
| Requests for Admissions as Follow-Up to Other Discovery | p. 75 |
| Responding to Requests for Admissions | p. 75 |
| Five Basic Responses to Requests for Admissions | p. 76 |
| Withdrawal and Amendment of Response to Requests for Admissions | p. 77 |
| Using Requests for Admissions at Trial | p. 77 |
| Requests for Admissions in Large Cases | p. 78 |
| Depositions | p. 78 |
| Discovery Depositions | p. 79 |
| Evidentiary Depositions | p. 80 |
| Conclusion | p. 81 |
| Trial Preparation, Mediation, and Presentation | p. 85 |
| Preparing for Mediation and Trial | p. 86 |
| Assemble the Trial Team | p. 86 |
| Establish the Agenda | p. 87 |
| Determine How Work Will Be Distributed | p. 87 |
| Establish a Timetable | p. 87 |
| Develop a Theme of the Case | p. 87 |
| Think toward the End as You Begin | p. 88 |
| Develop a Settlement Brochure or Demand | p. 88 |
| Mediation | p. 89 |
| Pre-Trial Order | p. 90 |
| Discovery | p. 91 |
| File Control | p. 92 |
| Planning the "Show" | p. 93 |
| Exhibits and Demonstrative Evidence | p. 95 |
| Courtroom Logistics | p. 97 |
| Trial Notebook | p. 98 |
| Paralegal Trial Notebook | p. 101 |
| Getting Ready to Move | p. 102 |
| Show Time | p. 103 |
| Grand Finale | p. 105 |
| Taking the Show on the Road | p. 106 |
| Post-Trial | p. 109 |
| Areas of Practice | p. 111 |
| Domestic Relations/Family Law | p. 112 |
| Probate and Estate | p. 117 |
| Corporate | p. 119 |
| Intellectual Property | p. 122 |
| Real Estate | p. 123 |
| Personal Injury | p. 126 |
| Other | p. 131 |
| Conclusion | p. 131 |
| E-Discovery for the Paralegal | p. 133 |
| National Federation of Paralegal Associations, Inc. Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement | p. 143 |
| Samples and Forms | p. 161 |
| Domestic Relations/Family Law Forms | p. 161 |
| Simple Petition for Dissolution | p. 161 |
| Petition for Dissolution (Detailed) | p. 163 |
| Financial Declaration | p. 169 |
| Marital Estate Summary and Proposed Division | p. 172 |
| Interrogatories to Respondent | p. 174 |
| Request for Production of Documents | p. 188 |
| Litigation Forms | p. 193 |
| Federal Court Subpoena | p. 193 |
| Federal Court Summons | p. 195 |
| Federal Court Case Management Plan Summary | p. 197 |
| Discovery Forms and Information | p. 199 |
| Deposition Instructions | p. 199 |
| Proposed Case Management Plan and Pretrial Order | p. 203 |
| Interrogatories to Company-Personal Injury | p. 211 |
| Interrogatories to Individual-Personal Injury | p. 216 |
| Request for Production-Personal Injury | p. 227 |
| Request for Admissions-Personal Injury | p. 233 |
| Index | p. 237 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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