Click to edit the outline text format Second Outline Level  Third Outline Level Fourth Outline Level  Fifth Outline Level  Sixth Outline Level  Seventh Outline Level  Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level PA305 Unit 8 Case Management

Unit 8 docket control A Typical Case Schedule: All Motions to Dismiss must be filed by: Jan. 30 Responses to Motions to Dismiss must be filed by: Mar. 1 Discovery (depositions, interrogatories, request for production) to be completed by: Dec. 20

Unit 8 docket control Summary Judgment Motions to be filed by:Feb 1 Responses to Summary Judgment Motions to be filed by: Mar. 1 Pretrial order to be filed by: June 1 Settlement Conferences to be completed by: June 30 Pretrial Motions to be completed and decided by: July 15 Trial to start no later than: Sept. 1

Unit 8 examples of docket items Expiration dates for statutes of limitations Judgment renewal dates Employee-benefit annual filings Renewal dates for copyrights, trademarks, and patents

Unit 8 examples of docket items Renewal dates for leases and licenses Renewal dates for insurance coverage Trial court appearance dates Due dates for trial court briefs

Unit 8 examples of docket items Due dates on various pleadings: answers; depositions; replies to interrogatories and requests for admissions; various motions and notices, etc. Due dates in probate proceedings, such as inventory and appraisal dates Appearances in bankruptcy proceedings Action dates in commercial law matters

Unit 8 examples of docket items Due dates in corporate or security matters Closing dates for real estate transactions Due dates for appellate briefs and arguments Tax return due dates

Unit 8 calendaring deadlines CHECK YOUR LOCAL RULES: Calendar days: System for calculating deadlines that counts all days including weekends and holidays.

Unit 8 calendaring deadlines Workdays or Business days: System for calculating deadlines that refers to only days when the court is open

Unit 8 common reasons for malpractice claims 1. Expiration of the statute of limitations 2. Failure to appear or plead, resulting in a default judgment 3. Dismissal of a lawsuit for lack of prosecution 4. Failure to file tax returns or other documents within the time required

Unit 8 common reasons for malpractice 5. Failure to file pleadings or to comply with an order within the time required 6. Failure to answer interrogatories within the time required 7. Failure to give timely notice when such notice is a precondition to a recovery of damages 8. Failure to communicate with clients 9. Not knowing what to do next (i.e., the attorney not being competent in an area)

Unit 8 Let’s discuss the two cases in chapter 7 People v. Smith In re Riva What were these cases about?

Unit 8 written assignment Conflicts of Interest Before an attorney or law firm accepts a case, a thorough conflict of interest search should be conducted. Many attorneys and law firms use computerized software to perform such a conflict search.

Unit 8 written assignment Rule 1.7(b) of the Model Rules of Professional Conduct provides that, even if a lawyer has a concurrent conflict of interest, that lawyer may still represent a client if:

Unit 8 written assignment (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law;

Unit 8 written assignment (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.

Unit 8 written assignment Using Westlaw, find one recent court decision involving an alleged attorney conflict of interest. Summarize the case in a paragraph or two, and be certain to explain the issue in the case and the court's holding.

Unit 9 final exam final project Due next Tuesday night Questions?

Click to edit the outline text format Second Outline Level  Third Outline Level Fourth Outline Level  Fifth Outline Level  Sixth Outline Level  Seventh Outline Level  Eighth Outline Level Ninth Outline LevelClick to edit Master text styles Second level Third level Fourth level Fifth level Next week: Unit 9 – final seminar of the term! Have a great week!