Chapter 8: Law Office Investigation Terminology of investigation Terminology of investigation Investigative tasks of a paralegal Investigative tasks of a paralegal

§8.1 Terminology Admissibility: Admissibility: Whether a jury will be allowed to hear evidence to determine its value Whether a jury will be allowed to hear evidence to determine its value Witness: Witness: A person who can provide information about a matter A person who can provide information about a matter Types of Witnesses: Types of Witnesses: Hostile (opposing interests) Hostile (opposing interests) Skeptical (doesn’t want to “get involved”) Skeptical (doesn’t want to “get involved”) Neutral Neutral Friendly (favorable interests) Friendly (favorable interests) Combination Combination

Witness Considerations Skip Trace Skip Trace Find a person(s) whose whereabouts are unknown Find a person(s) whose whereabouts are unknown Competence Competence A potential witness’ capacity to testify A potential witness’ capacity to testify Competency Elements: Competency Elements: Understands the obligation to tell the truth; Understands the obligation to tell the truth; Has the ability to communicate; Has the ability to communicate; Is knowledgeable as to the topic of testimony Is knowledgeable as to the topic of testimony

Witness Testimony Deposition Deposition Oral questioning of individual under oath Oral questioning of individual under oath Examination Examination Direct Examination (of own witness) Direct Examination (of own witness) Cross Examination (of opponent’s witness) Cross Examination (of opponent’s witness) Limited to scope of direct Limited to scope of direct Redirect Examination (rehabilitation) Redirect Examination (rehabilitation) Limited to scope of cross Limited to scope of cross Recross Examination Recross Examination Limited to scope of redirect Limited to scope of redirect

Witness Testimony Subpoena Subpoena Court Order demands the appearance of a witness at time/place Court Order demands the appearance of a witness at time/place Hearsay Hearsay In-court testimony of out-of-court statement made by someone other than the in-court witness for the purpose of establishing the truth of the matters asserted. In-court testimony of out-of-court statement made by someone other than the in-court witness for the purpose of establishing the truth of the matters asserted. Hearsay in inadmissible absent an exception Hearsay in inadmissible absent an exception

Work Product Privilege Attorney Work Product Attorney Work Product Material prepared in anticipation of litigation Material prepared in anticipation of litigation e.g., interview notes, tape recordings, charts, etc. = Privileged Material = Privileged Material Once material is identified as evidence at trial, it loses its work product privilege Once material is identified as evidence at trial, it loses its work product privilege

§8.2 Paralegal as Fact Finder Limitations in investigation Limitations in investigation Do not violate the law Do not violate the law Be ethical Be ethical Attitude as investigator Attitude as investigator Be an advocate Be an advocate Be confident Be confident

§8.3 Paralegal’s Investigation Duties Identifying Witnesses Identifying Witnesses Review reports, statements, documents, etc. Review reports, statements, documents, etc. Interviewing Witnesses Interviewing Witnesses Prepare Questions Prepare Questions Skip Tracing Skip Tracing Taking Statements Taking Statements Formal Witness Statements (typed & notarized) Formal Witness Statements (typed & notarized) Informal Witness Statements (handwritten) Informal Witness Statements (handwritten) Accident Scene Photography Accident Scene Photography Tips:(1) Get there quickly Tips:(1) Get there quickly (2) Get the small & big picture (3) Recreate the scene ( Time/season of accident)

Paralegal’s Duties contd. Obtaining Documents Obtaining Documents Court Documents, Medical Records, Police Reports Court Documents, Medical Records, Police Reports Title Searches Title Searches (1) County Assessor’s Office (locate the parcel number e.g., ) (1) County Assessor’s Office (locate the parcel number e.g., ) (2) County Recorder’ Office (check the legal description for liens, etc.) (2) County Recorder’ Office (check the legal description for liens, etc.) Internet Searches Internet Searches Search Engines: google, askjeeves, copernic Search Engines: google, askjeeves, copernic Legal Searches: findlaw, westlaw, lexis, versuslaw, loislaw Legal Searches: findlaw, westlaw, lexis, versuslaw, loislaw

§8.4 Library Tools for Investigation Formbooks Formbooks Sample documents, checklists, deposition/interview questions, req/admissions, req/production, trial preparation, etc. Sample documents, checklists, deposition/interview questions, req/admissions, req/production, trial preparation, etc. Martindale-Hubbell Directory martindale.com Martindale-Hubbell Directory martindale.com State-by-state attorney listing State-by-state attorney listing Digest of state laws Digest of state laws Digest of foreign laws Digest of foreign laws

§8.5 - §8.6 Skip Tracing Skip Tracing Skip Tracing Locating Missing Person Locating Missing Person Signs of a skip include dead-ends, addresses of relatives, multiple addresses Signs of a skip include dead-ends, addresses of relatives, multiple addresses Patterns of a skip Patterns of a skip Is the skip intentional? Is the skip intentional? Is it a financial skip or criminal skip Is it a financial skip or criminal skip Sources: Sources: Initial Sources: Information (411), telephone book, employers, family, friends, bills, internet Initial Sources: Information (411), telephone book, employers, family, friends, bills, internet Field Sources: court files, reverse/Cole directories, neighbors, forwarding address, vehicle registration, marriage records, etc. Field Sources: court files, reverse/Cole directories, neighbors, forwarding address, vehicle registration, marriage records, etc.