INTRODUCTION TO FAMILY LAW 2006 Thomson Delmar Learning

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

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

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

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

Chapter 1 Life on the Job • Introduction to a Family Law Practice •

Chapter 1 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 © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l Effective Job Search Techniques • Research the

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

Chapter 1 Life on the Job l Scheduling Appointments • Conflict of Interest l

Chapter 1 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 © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l The Client’s First Appointment • • Retainer

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

Chapter 1 Life on the Job • Creating Client File • Opening a file

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

Chapter 1 Life on the Job l Starting a case • • • Complaint

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

Chapter 1 Life on the Job l Proper Service Required • Summons • Service

Chapter 1 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 © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l Which Court has Proper Jurisdiction? • In

Chapter 1 Life on the Job 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 © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l Susan’s First Day on the Job •

Chapter 1 Life on the Job 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 l Susan Gets Up Close and Personal with Her First Motion Susan Produces Documents © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l Discovery • • • l Interrogatories Demand

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

Chapter 1 Life on the Job l Motions Take Practice • Filing • Answering

Chapter 1 Life on the Job 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 © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l The Deposition Process: On the Record •

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

Chapter 1 Life on the Job l Pretrial Work • Pretrial hearings l Road

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

Chapter 1 Life on the Job l It’s Not Over Until the Judge Decides

Chapter 1 Life on the Job 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) © 2006 Thomson Delmar Learning. All Right Reserved.

Chapter 1 Life on the Job l Ethics Alert: • Knowing your boundaries ©

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