Civil Interviewing and Investigating for Paralegals: A Process-Oriented Approach
Jodi G. McMaster, San Antonio College

ISBN-10: 0131118919
ISBN-13: 9780131118911

Publisher: Prentice Hall
Copyright: 2006
Format: Paper; 576 pp
Published: 05/26/2005

Suggested retail price: $81.00
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For undergraduate pre-law courses and paralegal courses.

 

Synthesizing the theoretical with the practical, this text presents topic coverage in the same order as problems are encountered in the real world. Assuming knowledge of core areas of law, and civil litigation, the textbook walks the student through the steps of the trial process, outlining the practical steps, and introducing the evidentiary concepts that accompany each item that must be investigated as they unfold. The text is written in a conversational tone, more like a college audience magazine than a typical textbook, to engage the reader in the material.

For undergraduate pre-law courses and paralegal courses.

 

Synthesizing the theoretical with the practical, this text presents topic coverage in the same order as problems are encountered in the real world. Assuming knowledge of core areas of law, and civil litigation, the textbook walks the student through the steps of the trial process, outlining the practical steps, and introducing the evidentiary concepts that accompany each item that must be investigated as they unfold. The text is written in a conversational tone, more like a college audience magazine than a typical textbook, to engage the reader in the material.

 

Integrated approach to steps of interviewing and investigating.

  • Provides “just in time” information about ethical or evidentiary issues.

“Special Issues with Witnesses”—Addresses considerations for interviewing the elderly, children, the disabled, the non-English speaker, the member of a minority subculture. It also addresses the issues of race in the litigation process.

  • Raises issues students may not have considered and assists professor in meeting administrative demands for multiculturalism or cultural competency.

Chapter devoted to real and demonstrative evidence.

  • Allows student to understand the goal of the process through a discussion the requirements for the introduction of real evidence and demonstrative evidence and guidelines for how to best utilize demonstrative evidence.

Chapter on the paralegal’s role in settlement, mediation, and in the courtroom as it relates to the fruit of the investigation process.

  • Allows students to see how early organizational strategies carry through to the end of the case

Abundant selection of cases to illustrate not only the legal issue but also practical applications of the material found.

  • Gives students additional reinforcement of case reading skills.

Pedagogy—A glossary of terms, cases, examples, additional reading, fill-in-the-blank questions, questions for the exploration of internet resources, critical thinking questions, and application assignments.

  • Enhances the entire learning experience and reinforces concepts and ideas.

Student CD contains over 200 documents including exhibits, discovery documents, depositions, full text cases, and codes of evidence for all fifty states. 

  • These materials will help students understand what documents and evidence may be used in a trial and provide a rich source of materials for analysis and problem solving skill development.  

The Instructor’s Manual—Includes a sample syllabus, course competencies, classroom assessments, power point presentations for each chapter, the “answer” to questions based on cases, summaries of the articles listed in the “for further reading” section, and questions for use in testing.

  • Provides an abundance of support material for the instructor.

(NOTE: Each chapter concludes with Chapter Summary, For further reading:

Chapter Review, Vocabulary List, Fill in the Blanks, Web Work, Working the Brain, and Putting it to Work).

 

 1. The Law Office Environment.

          Introduction    

          Law Office Categories

By Size

Sole Practitioner

Small Firm

Medium-Sized Firm

Large firms

By Practice

Personal Injury (PI) Law

Consumer Protection

Commercial Litigation

Family Law

Probate Law

Criminal Law

Non-traditional Employment

The Role of the Paralegal

Other Support Staff

Ethical Issues

Evidentiary Issues

Getting Organized

      Filing

      Timetables/Calendaring

      Running Tallies: Costs, Damages, Billing

 2. The Client: Plaintiff's Perspective.

         Ethical Issues

UPL

Conflict of Interest

Ethical or Chinese Wall

        Evidentiary Issues

Attorney Client Privilege

Attorney Work Product

          An Initial Client Call

          The Initial Interview

Objectives

Preparation

Manner

Techniques

Content

Releases

Contingency Fee Contracts

Hourly Billing and Retainers

Wrapping it up

Client Evaluation

Investigation Plan

Finding Potential Defendants

Demand letter or Complaint

         Client Contact

         Background Checks

         Finding Potential Defendants

  3. The Client: Defendant's Perspective.

          Introduction

          Ethical Issues

                   Dual Representation

          Evidentiary Issues

          Rule 403

           Hearsay

          Party-Opponent Admissions

          The Initial Interview

            Emotional Baggage and Venting

            Nonverbal communication

            Using the Complaint

The Paperwork

Follow-up

 4.  The Opposing Party.

            Introduction

            Ethical Issues

No Contact Rule

Representation of Corporations

Evidentiary Issues

Character Evidence

Propensity Evidence

Habit Evidence

Informal Investigation

            Surveillance

Discovery

Discovery for Parties Only

Depositions: Discovery for Everybody

Foreign Opposing Parties

Working with Opposing Counsel and Staff

 5. Fact Witnesses.

    Introduction

    Ethical Issues

Disclosure

Tape Recording

    Evidentiary Issues

Privileges

Exceptions to Privileges
    Finding Witnesses

The Courthouse

The DMV

The Internet

The United States Postal Service (USPS)

Paying for Help

    Interviews

Practical Considerations

What to Tell

What to Ask

How to Ask

The Witness Who Knows Nothing

    Witness Statements

    Witness Summaries

     Cost Considerations

 6. Special Issues with Witnesses.

            Introduction

            Ethical Issues

                       Client wishes and the incompetent clien

            Evidentiary Issues

                       Witness Competency

            Children

            Elderly Clients or Witnesses

            Disabled or Impaired Clients or Witnesses

Hearing impairments

Vision Impairment

Mobility impairment

General issues

Language Barriers

Cultural Barriers & Racism

 7. Documentary Evidence

Introduction

Ethical Issues

          Rambo litigators

Evidentiary Issues

Business Records Exception

Authentication

Informal Methods

            Releases and other requests

            FOIA

Formal Methods

            Request for Production

            Depositions

            Deposition by Written Questions

            Calling Witness at Trial

Automobile Accident Report

Medical Records

 8. Documentary Evidence, cont.: Edocuments and other Computer Discovery Issues.

Metadata

Email

Cost Issues

Protective Orders and Spoliation

Death Penalty Sanctions

 9. Background Resources.

   Ethical Issues

   Evidentiary Issues

   Sources

     Government Sources

     Government Sources: FOIA Reading Rooms

     Market Reports and Other Commercial Publications

     Reference Books and other Learned Treatises

10. Expert Witnesses.

Ethical Issues

Evidentiary Issues

Finding Experts

Evaluating Experts

Cost Considerations

Use of Experts

Purely Consulting

Consulting/Testifying

In-House Experts

Discovery and Opposing Experts

11. Real and Demonstrative Evidence

Real Evidence

Demonstrative evidence

Ethical Issues

Evidentiary Issues

Obtaining and Authenticating Physical Evidence

Preservation, Inspection, Testing, and Spoliation Issues

What, When, and How of Demonstrative Evidence

Charts and Timelines

Documents

Photographs and videotapes

Computer Animation

12. Witness Preparation.

Ethical Issues

Evidentiary Issues

Preparing Witnesses to Testify

Jury Consultants

General Stress Reduction Techniques

13. Ending the Litigation.

          Ethical issues

Evidentiary Issues

Parties with Interest in the Outcome

Physical or Mental Health Care Lienholders

Mechanics/Materialmen

Taxing Entities

Settlement Presentations

Mediation Presentations

Trial Preparation

Trial notebook

Jury selection

Introduction of Evidence

Post trial jury canvassing

 

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