Civil Litigation I Unit 1: Overview

Syllabus PA110-01: Seminar meets Wednesdays PA110-01: Seminar meets Wednesdays PA110-03: Seminar meets Mondays PA110-03: Seminar meets Mondays Office hours on Wednesdays at 6 PM Office hours on Wednesdays at 6 PM Textbook is “Litigation and Trial Practice” by Hart and Blanchard. Textbook is “Litigation and Trial Practice” by Hart and Blanchard. Chapters available on DocSharing. Chapters available on DocSharing.

Syllabus From Client Intake to Trial Preparation From Client Intake to Trial Preparation Reading assignments are VITAL Reading assignments are VITAL Discussion Board Discussion Board Action Items Action Items Seminar Seminar

Unit One Unit 1: The Justin King Case Unit 1: The Justin King Case -Please Read Chapters 1 and 2 -Please Read Chapters 1 and 2 -Submit the action item for this unit: Initial Client Interview -Submit the action item for this unit: Initial Client Interview -Discuss what you have learned -Discuss what you have learned -Meet at the weekly seminar to further explore the concepts in this unit (right now!) -Meet at the weekly seminar to further explore the concepts in this unit (right now!)

Questions? Any questions about the syllabus? Any questions about the syllabus?

Overview Step 1: Client Intake Step 1: Client Intake Before a client files suit, the attorney and supporting paralegals investigate and gather information. Before a client files suit, the attorney and supporting paralegals investigate and gather information. It is possible the matter will be settled without filing (or at any stage). It is possible the matter will be settled without filing (or at any stage).

Client Intake Questions How might a paralegal assist with client intake? How might a paralegal assist with client intake?

Client Intake Questions Should a law firm take every case that comes along? Why or why not? Should a law firm take every case that comes along? Why or why not?

Complaint Step 2: Filing the Complaint Step 2: Filing the Complaint Sometimes called a Petition, the Complaint is the first pleading on the part of the Plaintiff. Each complaint must contain or specify: Sometimes called a Petition, the Complaint is the first pleading on the part of the Plaintiff. Each complaint must contain or specify: The name of the court in which action is brought, establishing the proper jurisdiction. The name of the court in which action is brought, establishing the proper jurisdiction. Title of the cause of action. Title of the cause of action. Correct legal name of Plaintiff and Defendant. Correct legal name of Plaintiff and Defendant. Concise statement of the facts constituting a cause of action with each allegation distinctly numbered. Concise statement of the facts constituting a cause of action with each allegation distinctly numbered. Demand for the relief sought by Plaintiff. Demand for the relief sought by Plaintiff.

Service Step 3: Service Step 3: Service The complaint is served (officially delivered) to the defendant either by mail or in-person. The complaint is served (officially delivered) to the defendant either by mail or in-person.

Answer Step 4: The Answer Step 4: The Answer The defendant answers the allegations in the Complaint, or files a Motion in response to the Complaint. The defendant answers the allegations in the Complaint, or files a Motion in response to the Complaint. If the defendant does nothing, a default judgment is entered. If the defendant does nothing, a default judgment is entered.

Discovery Step 5: Discovery Step 5: Discovery A period of formal factual investigation. A period of formal factual investigation. The parties exchange information to encourage settlement and avoid surprises at trial. The parties exchange information to encourage settlement and avoid surprises at trial.

Trial Step 6: The Trial Step 6: The Trial Once discovery and pleadings are complete, the case will go to trial. Once discovery and pleadings are complete, the case will go to trial.

Appeal Step 7: Appeal Step 7: Appeal After trial, it may be necessary to file an appeal. After trial, it may be necessary to file an appeal. An appellate court can reverse the lower court’s decision and require a new trial. An appellate court can reverse the lower court’s decision and require a new trial.

Collection Step 8: Collection Step 8: Collection After all appeals are exhausted, and the judgment is final, the plaintiff may attempt to collect the judgment. After all appeals are exhausted, and the judgment is final, the plaintiff may attempt to collect the judgment.

Questions? Questions about the civil litigation process? Questions about the civil litigation process?

Civ Lit I Client Intake & Investigation Client Intake & Investigation Complaint Complaint Answer Answer Discovery Discovery Pre-Trial Motions Pre-Trial Motions Settlements Settlements Trial Preparation Trial Preparation

The Justin King Case Young man was a rising star on the “National Idol” scene. Young man was a rising star on the “National Idol” scene. Was involved in a motorcycle accident involving a beer truck. Was involved in a motorcycle accident involving a beer truck. His jaw was injured, and physicians wired his jaw shut. His jaw was injured, and physicians wired his jaw shut. Mr. King was prevented from singing. Mr. King was prevented from singing.

The Justin King Case Mr. King loosened the wires so he could practice singing. Mr. King loosened the wires so he could practice singing. His jaw was not able to heal correctly. His jaw was not able to heal correctly. His face is distorted and he has difficulty moving his jaws (so he can no longer sing). His face is distorted and he has difficulty moving his jaws (so he can no longer sing).

The Justin King Case Wants to “sue everyone for $100 million.” Wants to “sue everyone for $100 million.” What do you think of this case? What do you think of this case? If you were in charge of client intake, would you recommend taking this case on? If you were in charge of client intake, would you recommend taking this case on?

Paralegal Ethics What are some ethical considerations for paralegals? What are some ethical considerations for paralegals?

Paralegal Ethics How can a paralegal avoid the unauthorized practice of law when interviewing a potential client? How can a paralegal avoid the unauthorized practice of law when interviewing a potential client?