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INTRODUCTION TO FAMILY LAW © 2006 Thomson Delmar Learning. All Right Reserved.

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Presentation on theme: "INTRODUCTION TO FAMILY LAW © 2006 Thomson Delmar Learning. All Right Reserved."— Presentation transcript:

1

2 INTRODUCTION TO FAMILY LAW © 2006 Thomson Delmar Learning. All Right Reserved.

3 CHAPTER 1 LIFE ON THE JOB © 2006 Thomson Delmar Learning. All Right Reserved.

4 Life on the Job Introduction to a Family Law Practice Typical family law practices Over 50% of marriages end in divorce. Defining the role of a paralegal/legal assistant in a family law practice. Susan’s Story Susan Searches for a Job Resume Cover Letter Chapter 1 © 2006 Thomson Delmar Learning. All Right Reserved.

5 l Effective Job Search Techniques Research the type of firm for you Martindale-Hubbell as a resource Portfolio planning l Susan Lands a Job l Planning Now for a Successful Job Search Sample Portfolio l You Have Landed the Job -- Now What? Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

6 Life on the Job l Scheduling Appointments Conflict of Interest l Preparing the Client for the First Appointment Address and phone number of the client Letter to client confirming appointment List of paperwork client needs to bring Chapter 1 © 2006 Thomson Delmar Learning. All Right Reserved.

7 Life on the Job l The Client’s First Appointment Retainer Breach of contract issues Legal malpractice Costs –Filing fees –Court reporter –Experts Chapter 1 © 2006 Thomson Delmar Learning. All Right Reserved.

8 Creating Client File Opening a file –P–Pleadings ◦C◦Complaint ◦A◦Answer –D–Discovery ◦I◦Interrogatories ◦P◦Produced documents ◦D◦Deposition –Transcripts –Agreements –Orders –Judgments –Exhibits Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

9 Life on the Job l Starting a case Complaint Parties in a case Cause of action Divorce/dissolution of marriage - defined Legal Separation - defined Chapter 1 © 2006 Thomson Delmar Learning. All Right Reserved.

10 Life on the Job l Proper Service Required Summons Service of process or waiver of service Three Options –File an answer –File an appearance –Ignore complaint Default Judgment Chapter 1 © 2006 Thomson Delmar Learning. All Right Reserved.

11 l Which Court has Proper Jurisdiction? In personam jurisdiction In rem jurisdiction l Dealing with Jurisdictional Difficulties Forum Shopping l Necessary Information Case information statement (CIS)/financial affidavit l Docket Numbers Docket number, case number or calendar number Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

12 l Susan’s First Day on the Job Introduction to people in the firm and surroundings Notice of Motion and application for pendente lite relief Certification in support of the Notice of Motion Order l Susan Gets Up Close and Personal with Her First Motion l Susan Produces Documents Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

13 l Discovery Interrogatories Demand for the production of documents Depositions Experts Private Investigators l First Step in Discovery Preparation of interrogatories Review of answers Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

14 l Motions Take Practice Filing Answering On the papers l Produce Documents or Else Demand for the production of documents Reasons for not producing documents –Unduly burdensome –Documents not within the party’s control –Attorney-client privilege –Work-product privilege Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

15 Life on the Job l The Deposition Process: On the Record Scheduling Court reporter Transcript Deposition Summary l The Truth and Nothing But? l The Trial Process l The Judge Hears the Case Chapter 1 © 2006 Thomson Delmar Learning. All Right Reserved.

16 l Pretrial Work Pretrial hearings l Road Map of the Case Opening statement Direct examination Cross examination Re-direct Re-cross Closing arguments Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

17 l It’s Not Over Until the Judge Decides Final Order/Judgment l Post-Judgment Matters: All Said and Done? Modifications to the final judgment l Weaving Ethics into Your Workday Rules of professional conduct Model Standards –National Federation of Paralegal Associations (NFPA) –National Association of Legal Assistants (NALA) Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.

18 l Ethics Alert: Knowing your boundaries Chapter 1 Life on the Job © 2006 Thomson Delmar Learning. All Right Reserved.


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