Discuss the role and steps of the client interview and various aspects of the investigation leading up to both civil litigation and the client interview.” I used bluebook citation format.
may i get some feedback on this draft i have typed up? I feel like it’s everywhere and I’m not sure how I should have the paragraphs in order.
I also would like feedback about if something is missing.
this is what I am supposed to have drafted up:
“Based on the reading for this module, briefly discuss the various steps taken and the documents used in preparation for, and during, civil litigation. Describe the discovery process, pre-trial motion, and the steps in a trial. Discuss the role and steps of the client interview and various aspects of the investigation leading up to both civil litigation and the client interview.” I used bluebook citation format.
this is my draft:
The steps in civil litigation include filing a complaint, serving the defendant, conducting discovery, attending pre-trial conferences, and going to trial if necessary. Additional steps may include appeals and enforcement of judgments. The documents used in civil litigation are typically legal pleadings, motions, and discovery requests, which are filed with the court and served on the opposing party.
Discovery is the process of gathering information from the other party or witnesses. One of the ways it’s helpful is to try and settle if the opposing party knows the other party’s case is too strong to beat. If the case goes to trial, the opposing party will be able to view everything to help figure out how they are going to proceed with the case. If the case does go to trial, discovery prevents surprises by giving parties access to evidence that might otherwise be hidden.1
Pre-trial motions are legal requests from either party that can include but are not limited to, requesting the admission of evidence, striking material, dismissal of a case by the defendant, or compelling discovery. It helps with any conflicts that may arise and may be settled before trial.
Before a client interview, the attorney or paralegal will look at the issues involved in the case and determine what needs to be investigated and whether they need to conduct interviews with witnesses or other individuals to gather additional information related to and beneficial to the case. Having as much information as possible, and analyzing the legal claims that are being made, as well as any facts or evidence, will allow a better understanding of any problems or issues.
If an attorney agrees to represent a client, one of the first pleadings that will need to be filed is the complaint. Each state has its own statute of limitations under which a complaint may be filed along with the summons that includes all of the parties, the court the hearing will be held in, and a request for the defendant to respond to in a time frame. If the defendant does not agree to waive the right to be summoned, they may have to pay the service fee that was incurred to serve them. Some state rules of civil procedure provide other incentives, such as making a party who will not agree to waive service pay for reasonable expenses thereafter incurred in serving or attempting to serve the party.2
At the beginning of the client interview, the attorney explains the services they provide, listens to the complaint, gathers as much information as they can to decide if they agree to represent the client, and discusses any fees that will be associated with the case. The paralegal may sit in on the interviews, but the attorney usually conducts the first interview. Everyone involved in the interview must introduce themselves and state their titles, and the paralegal must state that they cannot give legal advice if the attorney has not done so at the time. Following the interview, a follow-up email or letter is sent to the client to confirm anything said orally.
1 Paralegal Today: The Legal Team at Work, Seventh Edition, (2017) Roger LeRoy Miller, Mary Meinzinger (pp. 10-4a)
2 Paralegal Today: The Legal Team at Work, Seventh Edition, (2017) Roger LeRoy Miller, Mary Meinzinger (pp. 10-3c)
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