1. Chapter 1:
Introduction to Family Law
12
Practice
Family Law for the Paralegal
2nd Edition
Wilson
Class Name
Instructor Name
Date, Semester

2. LEARNING OBJECTIVES
After this lecture, you should be able to:
1.1 Describe the nature and scope of a 12
contemporary family law practice.
Identify ways in which technology has impacted
1.2 the practice of family law.
Describe the role of a paralegal in a family law
1.3 practice.
Class Name
Instructor Name
Date, Semester
Cont.

3. LEARNING OBJECTIVES
After this lecture, you should be able to:
1.4 Identify the major objectives of an initial client 12
interview.
Explain why fee agreements and time sheets are
1.5 important.
List primary legal research resources used by
1.6 family law paralegals.
Class Name
Instructor Name
Date, Semester
Cont.

4. LEARNING OBJECTIVES
After this lecture, you should be able to:
1.7
12
Identify basic ethical principles that guide the
professional conduct of family law paralegals.
Class Name
Instructor Name
Date, Semester

5. Learning Objective
After this lecture, you should be able to:
Describe the nature and scope
1.1 of a contemporary family law
practice.
5

6. 1.1 What is Family Law?
• Family law is the body of law that deals with
marriage, divorce, custody, adoption, support,
paternity, and other domestic relations issues
including matters related to non-marital
couples and family units.

7. Characteristics of Contemporary
1.1 Family Law – The Process
What are some of the characteristics of contemporary
family law as it has evolved over the past 5 decades?
• The Process:
─ Increased focus on negotiation and alternative methods of
dispute resolution (ADR)
─ Decrease in litigation
─ Increase in pro se proceedings
─ Introduction of no-fault divorce in the 1970s
─ Decreased focus on marital fault in spousal support and
property division contexts
─ Increase of federal involvement in some areas of substantive
family law such as child support
7

8. Characteristics of Contemporary
1.1 Family Law – The Parties
• The Parties:
– Increase in divorce and cohabitation
– Increase in autonomy for individuals to negotiate their own
terms in agreements: premarital, cohabitation, separation
– Recognition of marriage as a partnership with economic
and noneconomic contributions made by spouses
– Recognition of equal rights to custody if fit parents
– Increase in custodial rights for third parties
– Shift to alimony as gender neutral
– Expansion of definition of “family”
– Recognition of same-sex relationships in a number of forms
– Increase in use of Assisted Reproductive Technology (ART)
8

9. Learning Objective
After this lecture, you should be able to:
Identify ways in which
1.2 technology has impacted the
practice of family law.

10. How has Technology Impacted
1.2 the Practice of Family Law?
General impact:
•Technology has changed ways in which law firms
create, obtain, store and retrieve information.
•The paperless office looms on the horizon.
•Digitally stored data has proved to be more
convenient, accessible, compact, and
transportable.
•Members of the family law team must be aware of
advantages and disadvantages of technology.

11. How has Technology Impacted
1.2 Practice of Family Law?
• Several courts manage dockets electronically and permit
electronic filing.
• Electronic data is discoverable.
• Parties are obligated to maintain electronic data.
• Computer forensics experts are used more often.
• Software products are available to manage all aspects of office
management.
• Office websites are a key component of marketing a firm.
• Forms, statutes, and cases are now available online.
• PowerPoint presentations may be used during negotiations,
hearings and trials.
• Email is replacing snail mail to some extent. and related policies
need to be established and observed.
11

12. Learning Objective
After this lecture, you should be able to:
Describe the role of a paralegal
1.3 in a family law practice.

13. What is a Paralegal or Legal
1.3 Assistant?
• A paralegal or legal assistant is a person who through
formal education, training, and experience, has
knowledge and expertise regarding the legal system
and substantive and procedural law which qualifies
him or her to do work of a legal nature under the
supervision of an attorney.
• A paralegal’s role in a firm varies based on a variety
of factors:
– Size of the practice
– Scope of the practice
– Skill of the paralegal
– Style and expectations of the supervising attorney

14. What does the job description of a
1.3 Family Law Paralegal usually include?
• Tasks performed by family law paralegals commonly
include:
– Completing office management tasks: scheduling, billing,
filing, etc.
– Drafting correspondence
– Participating in interviews
– Locating governing law (statutes, cases, rules, administrative
regulations) and forms
– Drafting documents: complaints, motions, affidavits, trial
memoranda etc.
– Maintaining communication with the client
– Researching legal issues
• For a comprehensive generic job description, see Exhibit 1.1
Paralegal Job Description on page 5 of the text.
14

15. Learning Objective
After this lecture, you should be able to:
Identify the major objectives of
1.4 an initial client interview.

16. Major Objectives of Initial Client
1.4 Interview
• Identify the client’s need for services
• Discuss goals and expectations
• Determine whether the client and attorney will establish a
relationship
• Discuss the scope of representation and potential fees,
costs, and payment terms
• Introduce members of the team and their respective roles
• Discuss the nature and scope of attorney-client
confidentiality and privilege
• Identify any urgent issues or deadlines
• Gather basic intake information
• Agree on a course of action and follow-up plan

17. Learning Objective
After this lecture, you should be able to:
Explain why fee agreements and
1.5 time sheets are important.

18. 1.5 Fee Agreements and Billing
• A variety of fee agreements are used. (See Exhibit
1.2 on pages 9 and 10 of the text.)
• Contingent fees are generally not permitted.
• There is a trend towards “unbundling” of legal
services.
• Letters of engagement and non-engagement help
reduce misunderstandings and malpractice actions.
• Billing and fees are a major source of malpractice
actions: Fees charged must be fair, reasonable and
documented.
18

19. Characteristics of an Effective
1.5 Fee Agreement
• It is executed at the outset of representation.
• It is written in plain language and translated into the
native language of the client if necessary.
• It clearly describes the scope of services to be
provided (and in some instances not to be
provided).
• It specifies the fees to be charged for members of
the family law team working on the client’s case.
• It identifies costs the client is responsible for paying
such as travel, postage, telephone, copies, etc.
• It identifies conditions that may trigger termination of
the agreement.
19

20. Learning Objective
After this lecture, you should be able to:
List primary legal research
1.6 resources used by family law
paralegals.

21. Components of the Family Law
1.6 Paralegal’s Basic Library
• Statutory codes
• Court rules
• Case law
• Practice manuals
• Form books
• Legal dictionary
• Citation manual
• Legal newspapers
21

22. Learning Objective
After this lecture, you should be able to:
Identify basic ethical principles
that guide the professional
1.7 conduct of family law
paralegals.

23. 1.7 What are Ethics?
• Ethics are standards or rules of conduct to which
members of a profession are expected to conform.
• Ethical rules or canons are often laid out in
professional rules of conduct for attorneys and for
paralegals such as:
• The American Bar Association (ABA) Model Rules for
attorneys adopted in most all states in one form of
another
• The National Federation of Paralegal Associations
(NFPA) and National Association of Legal Assistants
(NALA) Canons (See Appendix A of the text)
23

24. Can attorneys be held liable for
1.7 the conduct of their paralegals?
• Attorneys may be held liable for the acts of their
paralegals performed within the scope of
employment under the doctrine of respondeat
superior.
• The ABA has Model Guidelines for the Utilization of
Legal Assistants for the reference of supervising
attorneys.
24

25. Major Ethical Issues Encountered
1.7 By Family Law Paralegals
• For a basic summary of Paralegal Ethics in a Nutshell
– The Basic Do’s and Don’ts, see Paralegal
Application 1.6 on pages 15 and 16 of the text.
• Major problem areas encountered by family law
paralegals include:
• Unauthorized Practice of Law (UPL) (See Case 1.1 in
the text on pages 14 and 15: Columbus Bar
Association v. Thomas)
• Conflicts of interest
• Breaching client confidentiality
25

26. Difference between Attorney-Client
1.7 Privilege and Client Confidentiality
The Attorney-Client The Rule Of Attorney-
Privilege Client Confidentiality
•Is established by statute. •Is established in rules of
professional conduct.
•Refers to the client’s right to
refuse to disclose, and to •Refers to the duty of an
prevent the attorney from attorney not to reveal
disclosing, confidential information relating to
communications between the representation of a client
client and the attorney unless subject to limited exceptions
the communication concerns
future commission of a crime.
26

27. Chapter Summary
1.1 Describe the nature and scope of a 12
contemporary family law practice.
Identify ways in which technology has impacted
1.2 the practice of family law.
Describe the role of a paralegal in a family law
1.3 practice.
Class Name
Instructor Name
Date, Semester
Cont.

28. Chapter Summary
1/4 Identify the major objectives of an initial client 12
interview.
Explain why fee agreements and time sheets are
1.5 important.
List primary legal research resources used by
1.6 family law paralegals.
Class Name
Instructor Name
Date, Semester
Cont.

29. Chapter Summary
1.7
12
Identify basic ethical principles that guide the
professional conduct of family law paralegals.
Class Name
Instructor Name
Date, Semester