1. Civil Litigation:
Process and Procedures
Chapter One
The Paralegal In Civil Litigation

2. Civil Litigation
 Legal disputes between parties
 Seeks a remedy for a civil wrong
 Tort injuries
 Breach of contract
 Differs from criminal proceedings
 Alternate means of resolving the dispute have
failed
 The proper court must be identified
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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3. The Role of the Paralegal
 Collection of information & evidence
 Organization of
information/evidence
 Analysis of facts & law
 Preparation of material for all
aspects of litigation
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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4. Law Office Structure
 Formal – written office manual with detailed
job descriptions
 Less structured – more flexible, loosely-
defined roles with overlap possible
 All members of the legal team are
accountable to the client.
 The entire team shares the responsibility, but
the lawyer is ultimately accountable.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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5. Client Relationships
 Individuals, businesses, corporations
 Clients are kept informed (inside corporate
counsel, in corporate representation),
increasingly by electronic communications
 Paralegals may have the most direct &
frequent contact with clients
 Understand clients’ views & values
 Understand the corporate culture.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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6. Members of the Legal Team
 Lawyers
 Managing partners
 Senior or Junior Partners
 Associates
 Paralegals, supervised by lawyers
 Part of a team
 “Floaters,” from a pool
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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7. Members of the Legal Team, cont.
 Support staff
 Law librarians
 Legal secretaries
 Receptionists
 Information technologists
 Bookkeepers
 Mailroom personnel
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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8. Corporate Paralegals
 In-house legal department
 Attorneys
 Paralegals
 Support staff
 May litigate or refer to outside counsel
 In-house paralegals may supervise,
keeping lines of communication open with
outside counsel.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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9. Supervisory Duties
 In-house paralegals may be responsible
for:
 Tracking deadlines
 Monitoring budgets
 Reviewing documents
 Maintaining the relationship with outside
counsel.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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10. Litigation Support Manager
 Coordinates & facilitates the technology
needs of the legal team
 Works with the attorneys or paralegals
to meet the technological needs for
litigation
 Obtaining evidence
 Organizing information
 Presenting evidence
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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11. Information Technology Staff
 Must understand:
 The needs for technology in the office.
 Legal ethical considerations
 The need for remote access
 The skill level of all the office users
 Budget constraints
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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12. “Partnering”
 The attorney/paralegal partnership is
most successful when:
 Their work habits & personalities
harmonize and complement each other
 Everyone knows the facts, players & issues
 They communicate effortlessly
 The attorney can rely on the paralegal’s
knowledge of the case as back-up
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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13. The Courthouse
 Courts are frequently divided into:
 Civil & Criminal Courts
 Probate Court
 Juvenile, Family Courts
 Other government departments may be
useful in litigation:
 Tax authorities, recorders of deeds, central
records
 Prosecutors, public defenders
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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14. Paralegal Competencies
 Typical litigation tasks include:
 Legal research
 Drafting pleadings & court briefs
 Making copies
 Interviewing witnesses
 Employ support software
 Paralegals possess a basic legal knowledge
of court procedures, legal specialties,
specialized court rules
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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15. The Duty of Competence
 Obligation to remain current through
continuing legal education
“A lawyer shall provide competent
representation to a client. Competent
representation requires the legal knowledge,
skill, thoroughness and preparation
reasonably necessary for the representation.”
--Rule 1.1, Alabama Rules of Professional Conduct
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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16. Paralegal Skills
 Management
 Scheduling
 Witnesses & exhibits
 Workflow
 Organizing and Categorizing
 Work skills
 Resourcefulness & commitment
 Analytical skills
 Interpersonal & communication skills
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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17. “Soft Skills”
 Paralegals must deal with the public
(clients, witnesses, other law firms,
court personnel) by being:
 Prompt
 Courteous
 Organized
 Culturally sensitive
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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18. Resourcefulness
 Organized, able to
 Categorize
 Prioritize
 Co-ordinate
 Utilize time efficiently
 Creative, able to think “outside the
box.”
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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19. Commitment
 Even if interrupted, tasks must be
finished.
 Tasks, such as research, writing, filing
and organizing will be completed within
the necessary timeframe.
 Honor commitments made to serve
others, and recognize that others rely
upon your word.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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20. Analytical Skills
 Step-by-step analysis of potential
options, narrowing down possible
answers
 Identify facts
 Identify legal issues
 Contrast & compare them to existing laws
& other cases
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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21. Interpersonal Skills
 The ability to work and communicate with
others
 Positive attitude
 Diplomatic
 Flexible
 Good rapport
 A team player
 Resourceful
 Adaptable
 Thorough
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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22. “People Skills”
 Sensitivity
 Environmental
 Odors, furniture placement, etc.
 Cultural
 Eye contact, chair positions, etc.
 Communications
 Oral, hard copy, e-mail
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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23. Communications Skills
 Write & speak with clarity & brevity
 Paralegal requirements:
 Read with comprehension
 Listen effectively (interpret nonverbal expressions)
 Write & speak in clear, concise, grammatically
correct English
 Use persuasive language
 Tailor communications to your audience
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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24. Communications, cont.
 Interpret or explain nuances and legal
expressions (terms of art)
 Economy of time requires that
whenever possible, an idea be
communicated the first time.
 Your appearance should communicate
professionalism.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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25. Paralegal Litigation Tasks
 Interviewing clients & witnesses
 Maintain personal contact with clients,
witnesses, opposing parties, court
 Factual information interviews
 Investigating facts
 Verification of client’s story
 Obtaining & reviewing (analyzing) records
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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26. Litigation Tasks, cont.
 Organizing & managing case files
 Track document requests, identify contact
information for opposing counsel, file
copies of all documents prepared for the
case, including summaries & indices
 Docket information, such as statutes of
limitation, court appearances, interviews,
settlement conferences, etc.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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27. Litigation Tasks, cont.
 Drafting pleadings & other documents
 Obtain facts
 Obtain the attorney’s theory of the case
 Prepared draft, using form books or
previously drafted documents as a guide
 Have the supervising attorney review,
revise, correct & sign the pleading prior to
filing.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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28. Assisting at Trial
 Paralegals may provide a variety of
support services to the attorney in trial:
 Preparing & double-checking any electronic
presentation devices for compatibility & operating
condition
 Shepherd the client & witnesses through the
process
 Prepare & present exhibits
 Take daily trial notes
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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29. Administrative Tasks
 Conflicts checking
 Examine the firm database to determine that the
opposing party has not been represented by the
firm in the past
 Explore apparent conflicts
 Prepare notifications & releases when appropriate
 Time-keeping
 Create an accurate record of services & time spent
for both future billing and firm management
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Goldman/Hughes 29