Civil Litigation ICivil Litigation I

Unit 1: OverviewUnit 1: Overview

SyllabusSyllabus

PA110-01: Seminar meets PA110-01: Seminar meets Wednesdays Wednesdays

PA110-03: Seminar meets MondaysPA110-03: Seminar meets Mondays Office hours on Wednesdays at 6 PMOffice hours on Wednesdays at 6 PM Textbook is “Litigation and Trial Textbook is “Litigation and Trial

Practice” by Hart and Blanchard. Practice” by Hart and Blanchard. Chapters available on DocSharing.Chapters available on DocSharing.

SyllabusSyllabus

From Client Intake to Trial From Client Intake to Trial PreparationPreparation

Reading assignments are VITALReading assignments are VITAL Discussion BoardDiscussion Board Action ItemsAction Items SeminarSeminar

Unit OneUnit One

Unit 1: The Justin King CaseUnit 1: The Justin King Case --Please ReadPlease Read Chapters 1 and 2 Chapters 1 and 2 --SubmitSubmit the action item for this the action item for this

unit: Initial Client Interview unit: Initial Client Interview --DiscussDiscuss what you have learned what you have learned --MeetMeet at the weekly seminar to at the weekly seminar to

further explore the concepts in this further explore the concepts in this unit (right now!)unit (right now!)

Questions?Questions?

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

Overview Overview

Step 1: Client IntakeStep 1: Client Intake Before a client files suit, the Before a client files suit, the

attorney and supporting paralegals attorney and supporting paralegals investigate and gather information.investigate and gather information.

It is possible the matter will be It is possible the matter will be settled without filing (or at any settled without filing (or at any stage).stage).

Client Intake QuestionsClient Intake Questions

How might a paralegal assist with How might a paralegal assist with client intake?client intake?

Client Intake QuestionsClient Intake Questions

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

ComplaintComplaint Step 2: Filing the ComplaintStep 2: Filing the Complaint Sometimes called a Petition, the Sometimes called a Petition, the

Complaint is the first pleading on the part Complaint is the first pleading on the part of the Plaintiff. Each complaint must of the Plaintiff. Each complaint must contain or specify: contain or specify: The name of the court in which action is The name of the court in which action is

brought, establishing the proper jurisdiction. 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 Concise statement of the facts constituting a

cause of action with each allegation distinctly cause of action with each allegation distinctly numbered. numbered.

Demand for the relief sought by Plaintiff. Demand for the relief sought by Plaintiff.

ServiceService

Step 3: ServiceStep 3: Service The complaint is served (officially The complaint is served (officially

delivered) to the defendant either by delivered) to the defendant either by mail or in-person.mail or in-person.

AnswerAnswer

Step 4: The AnswerStep 4: The Answer The defendant answers the The defendant answers the

allegations in the Complaint, or files allegations in the Complaint, or files a Motion in response to the a Motion in response to the Complaint.Complaint.

If the defendant does nothing, a If the defendant does nothing, a default judgment is entered.default judgment is entered.

DiscoveryDiscovery

Step 5: DiscoveryStep 5: Discovery A period of formal factual A period of formal factual

investigation.investigation. The parties exchange information to The parties exchange information to

encourage settlement and avoid encourage settlement and avoid surprises at trial.surprises at trial.

TrialTrial

Step 6: The TrialStep 6: The Trial Once discovery and pleadings are Once discovery and pleadings are

complete, the case will go to trial.complete, the case will go to trial.

AppealAppeal

Step 7: AppealStep 7: Appeal After trial, it may be necessary to After trial, it may be necessary to

file an appeal. file an appeal. An appellate court can reverse the An appellate court can reverse the

lower court’s decision and require a lower court’s decision and require a new trial.new trial.

CollectionCollection

Step 8: CollectionStep 8: Collection After all appeals are exhausted, and After all appeals are exhausted, and

the judgment is final, the plaintiff the judgment is final, the plaintiff may attempt to collect the judgment.may attempt to collect the judgment.

Questions?Questions?

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

Civ Lit ICiv Lit I

Client Intake & InvestigationClient Intake & Investigation ComplaintComplaint AnswerAnswer DiscoveryDiscovery Pre-Trial Motions Pre-Trial Motions SettlementsSettlements Trial PreparationTrial Preparation

The Justin King CaseThe Justin King Case

Young man was a rising star on the Young man was a rising star on the “National Idol” scene.“National Idol” scene.

Was involved in a motorcycle Was involved in a motorcycle accident involving a beer truck.accident involving a beer truck.

His jaw was injured, and physicians His jaw was injured, and physicians wired his jaw shut.wired his jaw shut.

Mr. King was prevented from Mr. King was prevented from singing.singing.

The Justin King CaseThe Justin King Case

Mr. King loosened the wires so he Mr. King loosened the wires so he could practice singing.could practice singing.

His jaw was not able to heal His jaw was not able to heal correctly.correctly.

His face is distorted and he has His face is distorted and he has difficulty moving his jaws (so he can difficulty moving his jaws (so he can no longer sing).no longer sing).

The Justin King CaseThe Justin King Case

Wants to “sue everyone for $100 Wants to “sue everyone for $100 million.”million.”

What do you think of this case?What do you think of this case? If you were in charge of client If you were in charge of client

intake, would you recommend intake, would you recommend taking this case on?taking this case on?

Paralegal EthicsParalegal Ethics

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

Paralegal EthicsParalegal Ethics

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