This document discusses the roles and responsibilities of paralegals in civil litigation. It describes how paralegals assist lawyers by collecting information, organizing evidence, analyzing facts and law, and preparing documents. Paralegals are part of a legal team that also includes lawyers, support staff, and information technology specialists. Their work involves tasks like legal research, drafting documents, and employing litigation support software.

1. Civil Litigation:
Process and Procedures
Chapter One
The Paralegal In Civil Litigation

2. Civil Litigation
 Legal disputes between parties
 Seeks a remedy for a civil wrong
 Tort injuries
 Breach of contract
 Differs from criminal proceedings
 Alternate means of resolving the dispute have
failed
 The proper court must be identified
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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3. The Role of the Paralegal
 Collection of information & evidence
 Organization of
information/evidence
 Analysis of facts & law
 Preparation of material for all
aspects of litigation
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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4. Law Office Structure
 Formal – written office manual with detailed
job descriptions
 Less structured – more flexible, loosely-
defined roles with overlap possible
 All members of the legal team are
accountable to the client.
 The entire team shares the responsibility, but
the lawyer is ultimately accountable.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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5. Client Relationships
 Individuals, businesses, corporations
 Clients are kept informed (inside corporate
counsel, in corporate representation),
increasingly by electronic communications
 Paralegals may have the most direct &
frequent contact with clients
 Understand clients’ views & values
 Understand the corporate culture.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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6. Members of the Legal Team
 Lawyers
 Managing partners
 Senior or Junior Partners
 Associates
 Paralegals, supervised by lawyers
 Part of a team
 “Floaters,” from a pool
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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7. Members of the Legal Team, cont.
 Support staff
 Law librarians
 Legal secretaries
 Receptionists
 Information technologists
 Bookkeepers
 Mailroom personnel
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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8. Corporate Paralegals
 In-house legal department
 Attorneys
 Paralegals
 Support staff
 May litigate or refer to outside counsel
 In-house paralegals may supervise,
keeping lines of communication open with
outside counsel.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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9. Supervisory Duties
 In-house paralegals may be responsible
for:
 Tracking deadlines
 Monitoring budgets
 Reviewing documents
 Maintaining the relationship with outside
counsel.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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10. Litigation Support Manager
 Coordinates & facilitates the technology
needs of the legal team
 Works with the attorneys or paralegals
to meet the technological needs for
litigation
 Obtaining evidence
 Organizing information
 Presenting evidence
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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11. Information Technology Staff
 Must understand:
 The needs for technology in the office.
 Legal ethical considerations
 The need for remote access
 The skill level of all the office users
 Budget constraints
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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12. “Partnering”
 The attorney/paralegal partnership is
most successful when:
 Their work habits & personalities
harmonize and complement each other
 Everyone knows the facts, players & issues
 They communicate effortlessly
 The attorney can rely on the paralegal’s
knowledge of the case as back-up
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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13. The Courthouse
 Courts are frequently divided into:
 Civil & Criminal Courts
 Probate Court
 Juvenile, Family Courts
 Other government departments may be
useful in litigation:
 Tax authorities, recorders of deeds, central
records
 Prosecutors, public defenders
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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14. Paralegal Competencies
 Typical litigation tasks include:
 Legal research
 Drafting pleadings & court briefs
 Making copies
 Interviewing witnesses
 Employ support software
 Paralegals possess a basic legal knowledge
of court procedures, legal specialties,
specialized court rules
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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15. The Duty of Competence
 Obligation to remain current through
continuing legal education
“A lawyer shall provide competent
representation to a client. Competent
representation requires the legal knowledge,
skill, thoroughness and preparation
reasonably necessary for the representation.”
--Rule 1.1, Alabama Rules of Professional Conduct
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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16. Paralegal Skills
 Management
 Scheduling
 Witnesses & exhibits
 Workflow
 Organizing and Categorizing
 Work skills
 Resourcefulness & commitment
 Analytical skills
 Interpersonal & communication skills
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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17. “Soft Skills”
 Paralegals must deal with the public
(clients, witnesses, other law firms,
court personnel) by being:
 Prompt
 Courteous
 Organized
 Culturally sensitive
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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18. Resourcefulness
 Organized, able to
 Categorize
 Prioritize
 Co-ordinate
 Utilize time efficiently
 Creative, able to think “outside the
box.”
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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19. Commitment
 Even if interrupted, tasks must be
finished.
 Tasks, such as research, writing, filing
and organizing will be completed within
the necessary timeframe.
 Honor commitments made to serve
others, and recognize that others rely
upon your word.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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20. Analytical Skills
 Step-by-step analysis of potential
options, narrowing down possible
answers
 Identify facts
 Identify legal issues
 Contrast & compare them to existing laws
& other cases
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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21. Interpersonal Skills
 The ability to work and communicate with
others
 Positive attitude
 Diplomatic
 Flexible
 Good rapport
 A team player
 Resourceful
 Adaptable
 Thorough
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22. “People Skills”
 Sensitivity
 Environmental
 Odors, furniture placement, etc.
 Cultural
 Eye contact, chair positions, etc.
 Communications
 Oral, hard copy, e-mail
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23. Communications Skills
 Write & speak with clarity & brevity
 Paralegal requirements:
 Read with comprehension
 Listen effectively (interpret nonverbal expressions)
 Write & speak in clear, concise, grammatically
correct English
 Use persuasive language
 Tailor communications to your audience
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24. Communications, cont.
 Interpret or explain nuances and legal
expressions (terms of art)
 Economy of time requires that
whenever possible, an idea be
communicated the first time.
 Your appearance should communicate
professionalism.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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25. Paralegal Litigation Tasks
 Interviewing clients & witnesses
 Maintain personal contact with clients,
witnesses, opposing parties, court
 Factual information interviews
 Investigating facts
 Verification of client’s story
 Obtaining & reviewing (analyzing) records
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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26. Litigation Tasks, cont.
 Organizing & managing case files
 Track document requests, identify contact
information for opposing counsel, file
copies of all documents prepared for the
case, including summaries & indices
 Docket information, such as statutes of
limitation, court appearances, interviews,
settlement conferences, etc.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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27. Litigation Tasks, cont.
 Drafting pleadings & other documents
 Obtain facts
 Obtain the attorney’s theory of the case
 Prepared draft, using form books or
previously drafted documents as a guide
 Have the supervising attorney review,
revise, correct & sign the pleading prior to
filing.
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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28. Assisting at Trial
 Paralegals may provide a variety of
support services to the attorney in trial:
 Preparing & double-checking any electronic
presentation devices for compatibility & operating
condition
 Shepherd the client & witnesses through the
process
 Prepare & present exhibits
 Take daily trial notes
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
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29. Administrative Tasks
 Conflicts checking
 Examine the firm database to determine that the
opposing party has not been represented by the
firm in the past
 Explore apparent conflicts
 Prepare notifications & releases when appropriate
 Time-keeping
 Create an accurate record of services & time spent
for both future billing and firm management
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Goldman/Hughes 29