This chapter introduces family law and the role of paralegals in family law practices. It describes the nature and scope of contemporary family law, how technology has impacted the practice, and the paralegal's role. The chapter also covers objectives of client interviews, the importance of fee agreements and time sheets, legal research resources for family law paralegals, and basic ethical principles for paralegals.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Final Project Intro To Legal Systems becoming a paralegal in North CarolinaChris Harden
Project for Introduction to Legal Systems covering topics such as: employment opportunities, roles of the paralegal, requirements to become a certified paralegal, the paralegal\'s day-to-day activities.
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Final Project Intro To Legal Systems becoming a paralegal in North CarolinaChris Harden
Project for Introduction to Legal Systems covering topics such as: employment opportunities, roles of the paralegal, requirements to become a certified paralegal, the paralegal\'s day-to-day activities.
How to Avoid Malpractice & Disciplinary Actions - General Do's and Don'ts (Se...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/how-to-avoid-malpractice-disciplinary-actions-general-dos-and-donts-2021/
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
Law first coursework notesLaw each paragraph1. Explain.docxsmile790243
Law first coursework notes:
Law each paragraph:
1. Explain legal issue- how to identify the issue
2. Use the related law – can look at which seminar questions are related to coursework
3. Application- explain that why I will use this law, where take the law & the apply to the fact
4. Conclusion
5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalized likewise poor citation of sources will result in a loss of marks. Reference should be made to the primary source, except when the primary source can no longer be obtained.
Approaching legal problem questions
What is a problem question?
A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients.
How should you structure your answer to such a question?
Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates).
When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method.
This should result in it having a clear and logical structure enabling the marker to see where you are heading.
What does ILAC stand for?
Introduction
Law
Application
Conclusion
What to put in an Introduction
Begin your answer with an introduction. It should tell the marker:-
About each legal issue you have identified in the question which your client faces;
What area (or areas) of law relate to each issue,
Why the issue(s) are significant to your client; and
The order in which you plan to deal with each of them in turn.
This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily.
For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?).
Once you have identified each issue, it is useful to explain its significance
to the outcome of the problem. Why does it matter? How and why will it
affect the ultimate advice/outcome for your client?
If there are several issues, you should deal wit ...
Historically, equity receiverships trace their origin to English Common Law, where the concepts of chancery jurisdiction and equitable relief were first introduced. Today, federal equity receiverships are used in a wide variety of actions pending in federal district courts. This webinar discusses some of the basic concepts underlying the modern federal equity receivership. Learn about the statutory underpinnings, the role of equity jurisdiction and the manner in which federal equity receivers are appointed.
Part of the webinar series: FEDERAL EQUITY RECEIVERSHIPS 2022
See more at https://www.financialpoise.com/webinars/
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As Collaborative Law expands and evolves, the ethical and professional responsibility considerations are becoming more complex. This presentation (originally for the American Bar Association, Dispute Resolution Section, Collaborative Law Committee) gives a 30,000 foot view of the state of the field as of January 2017.
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
Regulatory Requirements for Plain Language: Making Financial Information Tran...BentleyDUC
At the 2012 Face of Finance Conference, at Bentley University, in Waltham, MA, Deborah Bosley (UNC Charlotte/The Plan Language Group) presented "Regulatory Requirements for Plain Language: Making Financial Information Transparent".
Content = Communication: What is Plain Language and Why Should You Care?Deborah S. Bosley
I gave this presentation to the Content Strategy Applied Conference at eBay/PayPal in San Jose, CA. October 16, 2013. Large audience of content strategists learning about how plain language strategies can make content easy to understand.
1 Saint Leo University GBA 231 Business Law I .docxgertrudebellgrove
1
Saint Leo University
GBA 231
Business Law I
Course Description:
The U.S legal system (constitutional framework), the judicial system, the administrative agency system,
the legal theory of the organization (agency law, forms of organization), an organization’s legal obligations
(torts, contracts, common law, and the Uniform Commercial Code), and public law (employment,
securities, antitrust, consumer and environmental protection) are reviewed.
Prerequisite:
ENG 122
Textbooks:
The textbook information which appears on our Saint Leo Bookstore ordering site is as
follows:
Business Law (Custom) (0232, 2048). ISBN: 9780134735207
Your custom textbook was created from the following National text(s):
Business Law: Cheeseman, H. R. (2019). Business law: legal environment, online commerce,
business
ethics, and international issues (10th ed.). Boston: Pearson. ISBN: 9780134729060
You will access the eBook via a link in the Start Here menu where you can purchase the print upgrade
option.
Learning Outcomes:
1. Explain the origins of law and the roles of the courts in the United States.
2. Distinguish between civil and criminal law content, purpose, and the participants.
3. Define and distinguish between business organizations.
4. Classify and explain the various contract elements and the necessary elements of a contract and the
Statute of Fraud.
5. Distinguish between personal property and real property.
6. Distinguish the essentials of business contract law.
7. Explain and integrate the Core Values of Respect, Integrity, and Community as they relate to legal
issues.
Learning
Outcome
Assessment Method(s)
1 Test question
2 Test question
3 Test question
4 Test question
5 Test question
6 Test question
7 Term Paper
2
Core Value:
Community: Saint Leo University develops hospitable Christian learning communities everywhere we
serve. We foster a spirit of belonging, unity, and interdependence based on mutual trust and respect to
create socially responsible environments that challenge all of us to listen, to learn, to change, and to
serve.
Respect: Animated in the spirit of Jesus Christ, we value all individuals' unique talents, respect their
dignity and strive to foster their commitment to excellence in our work. Our community's strength depends
on the unity and diversity of our people, on the free exchange of ideas and on learning, living, and
working harmoniously.
Integrity: The commitment of Saint Leo University to excellence demands that its members live its mission
and deliver on its promise. The faculty, staff, and students pledge to be honest, just, and consistent in
word and deed.
Evaluation:
Quizzes/Tests 40%
Discussion 24%
Term Paper 36%
Module Quizzes/Tests:
Each module contains a quiz consisting of seven (7) multiple-choice questions and a short-essay test
containing seven (7) essay questions that require critical thinki.
1 Saint Leo University GBA 231 Business Law I .docxadkinspaige22
1
Saint Leo University
GBA 231
Business Law I
Course Description:
The U.S legal system (constitutional framework), the judicial system, the administrative agency system,
the legal theory of the organization (agency law, forms of organization), an organization’s legal obligations
(torts, contracts, common law, and the Uniform Commercial Code), and public law (employment,
securities, antitrust, consumer and environmental protection) are reviewed.
Prerequisite:
ENG 122
Textbooks:
The textbook information which appears on our Saint Leo Bookstore ordering site is as
follows:
Business Law (Custom) (0232, 2048). ISBN: 9780134735207
Your custom textbook was created from the following National text(s):
Business Law: Cheeseman, H. R. (2019). Business law: legal environment, online commerce,
business
ethics, and international issues (10th ed.). Boston: Pearson. ISBN: 9780134729060
You will access the eBook via a link in the Start Here menu where you can purchase the print upgrade
option.
Learning Outcomes:
1. Explain the origins of law and the roles of the courts in the United States.
2. Distinguish between civil and criminal law content, purpose, and the participants.
3. Define and distinguish between business organizations.
4. Classify and explain the various contract elements and the necessary elements of a contract and the
Statute of Fraud.
5. Distinguish between personal property and real property.
6. Distinguish the essentials of business contract law.
7. Explain and integrate the Core Values of Respect, Integrity, and Community as they relate to legal
issues.
Learning
Outcome
Assessment Method(s)
1 Test question
2 Test question
3 Test question
4 Test question
5 Test question
6 Test question
7 Term Paper
2
Core Value:
Community: Saint Leo University develops hospitable Christian learning communities everywhere we
serve. We foster a spirit of belonging, unity, and interdependence based on mutual trust and respect to
create socially responsible environments that challenge all of us to listen, to learn, to change, and to
serve.
Respect: Animated in the spirit of Jesus Christ, we value all individuals' unique talents, respect their
dignity and strive to foster their commitment to excellence in our work. Our community's strength depends
on the unity and diversity of our people, on the free exchange of ideas and on learning, living, and
working harmoniously.
Integrity: The commitment of Saint Leo University to excellence demands that its members live its mission
and deliver on its promise. The faculty, staff, and students pledge to be honest, just, and consistent in
word and deed.
Evaluation:
Quizzes/Tests 40%
Discussion 24%
Term Paper 36%
Module Quizzes/Tests:
Each module contains a quiz consisting of seven (7) multiple-choice questions and a short-essay test
containing seven (7) essay questions that require critical thinki.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Digital Tools and AI for Teaching Learning and Research
Introduction to family law
1. Chapter 1:
Introduction to Family Law
12
Practice
Family Law for the Paralegal
2nd Edition
Wilson
Class Name
Instructor Name
Date, Semester
2. LEARNING OBJECTIVES
After this lecture, you should be able to:
1.1 Describe the nature and scope of a 12
contemporary family law practice.
Identify ways in which technology has impacted
1.2 the practice of family law.
Describe the role of a paralegal in a family law
1.3 practice.
Class Name
Instructor Name
Date, Semester
Cont.
3. LEARNING OBJECTIVES
After this lecture, you should be able to:
1.4 Identify the major objectives of an initial client 12
interview.
Explain why fee agreements and time sheets are
1.5 important.
List primary legal research resources used by
1.6 family law paralegals.
Class Name
Instructor Name
Date, Semester
Cont.
4. LEARNING OBJECTIVES
After this lecture, you should be able to:
1.7
12
Identify basic ethical principles that guide the
professional conduct of family law paralegals.
Class Name
Instructor Name
Date, Semester
5. Learning Objective
After this lecture, you should be able to:
Describe the nature and scope
1.1 of a contemporary family law
practice.
5
6. 1.1 What is Family Law?
• Family law is the body of law that deals with
marriage, divorce, custody, adoption, support,
paternity, and other domestic relations issues
including matters related to non-marital
couples and family units.
7. Characteristics of Contemporary
1.1 Family Law – The Process
What are some of the characteristics of contemporary
family law as it has evolved over the past 5 decades?
• The Process:
─ Increased focus on negotiation and alternative methods of
dispute resolution (ADR)
─ Decrease in litigation
─ Increase in pro se proceedings
─ Introduction of no-fault divorce in the 1970s
─ Decreased focus on marital fault in spousal support and
property division contexts
─ Increase of federal involvement in some areas of substantive
family law such as child support
7
8. Characteristics of Contemporary
1.1 Family Law – The Parties
• The Parties:
– Increase in divorce and cohabitation
– Increase in autonomy for individuals to negotiate their own
terms in agreements: premarital, cohabitation, separation
– Recognition of marriage as a partnership with economic
and noneconomic contributions made by spouses
– Recognition of equal rights to custody if fit parents
– Increase in custodial rights for third parties
– Shift to alimony as gender neutral
– Expansion of definition of “family”
– Recognition of same-sex relationships in a number of forms
– Increase in use of Assisted Reproductive Technology (ART)
8
9. Learning Objective
After this lecture, you should be able to:
Identify ways in which
1.2 technology has impacted the
practice of family law.
10. How has Technology Impacted
1.2 the Practice of Family Law?
General impact:
•Technology has changed ways in which law firms
create, obtain, store and retrieve information.
•The paperless office looms on the horizon.
•Digitally stored data has proved to be more
convenient, accessible, compact, and
transportable.
•Members of the family law team must be aware of
advantages and disadvantages of technology.
11. How has Technology Impacted
1.2 Practice of Family Law?
• Several courts manage dockets electronically and permit
electronic filing.
• Electronic data is discoverable.
• Parties are obligated to maintain electronic data.
• Computer forensics experts are used more often.
• Software products are available to manage all aspects of office
management.
• Office websites are a key component of marketing a firm.
• Forms, statutes, and cases are now available online.
• PowerPoint presentations may be used during negotiations,
hearings and trials.
• Email is replacing snail mail to some extent. and related policies
need to be established and observed.
11
12. Learning Objective
After this lecture, you should be able to:
Describe the role of a paralegal
1.3 in a family law practice.
13. What is a Paralegal or Legal
1.3 Assistant?
• A paralegal or legal assistant is a person who through
formal education, training, and experience, has
knowledge and expertise regarding the legal system
and substantive and procedural law which qualifies
him or her to do work of a legal nature under the
supervision of an attorney.
• A paralegal’s role in a firm varies based on a variety
of factors:
– Size of the practice
– Scope of the practice
– Skill of the paralegal
– Style and expectations of the supervising attorney
14. What does the job description of a
1.3 Family Law Paralegal usually include?
• Tasks performed by family law paralegals commonly
include:
– Completing office management tasks: scheduling, billing,
filing, etc.
– Drafting correspondence
– Participating in interviews
– Locating governing law (statutes, cases, rules, administrative
regulations) and forms
– Drafting documents: complaints, motions, affidavits, trial
memoranda etc.
– Maintaining communication with the client
– Researching legal issues
• For a comprehensive generic job description, see Exhibit 1.1
Paralegal Job Description on page 5 of the text.
14
15. Learning Objective
After this lecture, you should be able to:
Identify the major objectives of
1.4 an initial client interview.
16. Major Objectives of Initial Client
1.4 Interview
• Identify the client’s need for services
• Discuss goals and expectations
• Determine whether the client and attorney will establish a
relationship
• Discuss the scope of representation and potential fees,
costs, and payment terms
• Introduce members of the team and their respective roles
• Discuss the nature and scope of attorney-client
confidentiality and privilege
• Identify any urgent issues or deadlines
• Gather basic intake information
• Agree on a course of action and follow-up plan
17. Learning Objective
After this lecture, you should be able to:
Explain why fee agreements and
1.5 time sheets are important.
18. 1.5 Fee Agreements and Billing
• A variety of fee agreements are used. (See Exhibit
1.2 on pages 9 and 10 of the text.)
• Contingent fees are generally not permitted.
• There is a trend towards “unbundling” of legal
services.
• Letters of engagement and non-engagement help
reduce misunderstandings and malpractice actions.
• Billing and fees are a major source of malpractice
actions: Fees charged must be fair, reasonable and
documented.
18
19. Characteristics of an Effective
1.5 Fee Agreement
• It is executed at the outset of representation.
• It is written in plain language and translated into the
native language of the client if necessary.
• It clearly describes the scope of services to be
provided (and in some instances not to be
provided).
• It specifies the fees to be charged for members of
the family law team working on the client’s case.
• It identifies costs the client is responsible for paying
such as travel, postage, telephone, copies, etc.
• It identifies conditions that may trigger termination of
the agreement.
19
20. Learning Objective
After this lecture, you should be able to:
List primary legal research
1.6 resources used by family law
paralegals.
21. Components of the Family Law
1.6 Paralegal’s Basic Library
• Statutory codes
• Court rules
• Case law
• Practice manuals
• Form books
• Legal dictionary
• Citation manual
• Legal newspapers
21
22. Learning Objective
After this lecture, you should be able to:
Identify basic ethical principles
that guide the professional
1.7 conduct of family law
paralegals.
23. 1.7 What are Ethics?
• Ethics are standards or rules of conduct to which
members of a profession are expected to conform.
• Ethical rules or canons are often laid out in
professional rules of conduct for attorneys and for
paralegals such as:
• The American Bar Association (ABA) Model Rules for
attorneys adopted in most all states in one form of
another
• The National Federation of Paralegal Associations
(NFPA) and National Association of Legal Assistants
(NALA) Canons (See Appendix A of the text)
23
24. Can attorneys be held liable for
1.7 the conduct of their paralegals?
• Attorneys may be held liable for the acts of their
paralegals performed within the scope of
employment under the doctrine of respondeat
superior.
• The ABA has Model Guidelines for the Utilization of
Legal Assistants for the reference of supervising
attorneys.
24
25. Major Ethical Issues Encountered
1.7 By Family Law Paralegals
• For a basic summary of Paralegal Ethics in a Nutshell
– The Basic Do’s and Don’ts, see Paralegal
Application 1.6 on pages 15 and 16 of the text.
• Major problem areas encountered by family law
paralegals include:
• Unauthorized Practice of Law (UPL) (See Case 1.1 in
the text on pages 14 and 15: Columbus Bar
Association v. Thomas)
• Conflicts of interest
• Breaching client confidentiality
25
26. Difference between Attorney-Client
1.7 Privilege and Client Confidentiality
The Attorney-Client The Rule Of Attorney-
Privilege Client Confidentiality
•Is established by statute. •Is established in rules of
professional conduct.
•Refers to the client’s right to
refuse to disclose, and to •Refers to the duty of an
prevent the attorney from attorney not to reveal
disclosing, confidential information relating to
communications between the representation of a client
client and the attorney unless subject to limited exceptions
the communication concerns
future commission of a crime.
26
27. Chapter Summary
1.1 Describe the nature and scope of a 12
contemporary family law practice.
Identify ways in which technology has impacted
1.2 the practice of family law.
Describe the role of a paralegal in a family law
1.3 practice.
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Instructor Name
Date, Semester
Cont.
28. Chapter Summary
1/4 Identify the major objectives of an initial client 12
interview.
Explain why fee agreements and time sheets are
1.5 important.
List primary legal research resources used by
1.6 family law paralegals.
Class Name
Instructor Name
Date, Semester
Cont.
29. Chapter Summary
1.7
12
Identify basic ethical principles that guide the
professional conduct of family law paralegals.
Class Name
Instructor Name
Date, Semester