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Civil action procedure
Civil action and trial procedure
Civil action procedure
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Civil litigation is the area of law that interests me most. In civil litigation, there are two opposing sides to each case: the plaintiff, or the individual bringing the case, and the defendant, or the individual or other entity, such as a business, defending themselves against the plaintiffs allegations. If I were working as a paralegal on a case, I would much prefer to be employed on the defendant 's side for several reasons.
First, defense lawyers generally work under conditions that allow for them to bill for their employment by the hour and work an average of 1800 hours per year. This means their pay is not contingent on whether or not they happen to win a case, so they are paid by their clients regardless ofthe case 's outcome. Though defense lawyers can also represent individuals, they oftentimes represent companies as well. These companies usually have a rather large accumulation of wealth, or a "deep pocket," meaning they have the resources and funding to pay a defense firm 's hourly rates. Secondly, unlike most trial lawyers, defense lawyers have a consistent, steady flow of income into their firms, so a paralegal working under a defense lawyer would most likely be paid more regularly than paralegals employed in a trial lawyer 's firm. This, again, can be attributed to the
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Other pre-trial tasks litigation paralegals may perform, if necessary, include reserving hotels, offices, or other necessities should a trial take place in another city or town. During a trial, litigation paralegals still serve to organize documents, evidence, or other files for the attorney 's use. They may also help to prepare witnesses, interact with the other party or employees of the court, pull files for the attorney 's use, or even assist with jury selection and instruction. After a trial is over, litigation paralegals may also help with settlement or appeal of a case, by gathering information needed to write settlement
Small law firms offer the paralegal a chance to work in many different areas of law and allow them to provide many different services while working on...
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
Salary is one reason why court appointed lawyers don't go up and beyond their call of duty for their clients. Studies show on an average, people will be sentenced harder or longer if he/she is represented by a court-appointed lawyer rather than a public defender (Green, 2001). Court-appointed lawyers are paid by the state on a case-by-case basis. Court appointed counsel's paycheck varies by offense. The defense counsel will typically only be paid 112.00 to 326.00 for normal lower class cases. Felony punishment by more than twenty years in prison can give up to 1,196.00 for the court appointed lawyer (Green, 2001). Public defenders or "hired lawyers" are salaried state employees. If you hire a lawyer they usually charge about 55.00 an hour during court for their work and 75.00 an hour for out of court (Green, 2001). The figures show clearly the wide range of difference between the incomes of each type of lawyer. Court appointed lawyers will not work more then what their pay will allow them.
The average salary for paralegals has gradually increased because of new legal trends and rising client demands. The Bureau of Labor Statistics (BLS) states that the median annual wage is over $48,000 a year. Additionally, the job growth outlook is eight percent, which is as fast as average. The economy may be struggling, but paralegals earn excellent salaries and have many opportunities for bonuses and overtime. Once paralegals have a few years of experience and specialize in a certain field, such as IPR or family
The paralegal field is thought to be a high paced glorious career of working alongside an attorney and getting recognition for their work. In reality a paralegal job is nothing like Erin Brockovich (A movie where a paralegal was able to investigate and played an immense part in winning a large case) envisioned from the movie. Becoming a paralegal is appealing because it allows a quick entrance into a professional career field and offers a wide range of daily and career experiences. However, the work-life balance can be poor, the career path often stagnates without continuing education, and the pay is insufficient for the work load. Also, while there are a wide range of paralegal jobs there is also competition and an applicant must possess the ability to step right into the role with little or no training. While expecting much of the work to be comparable to administrative work and document reading.
Do you remember the lawsuit about the woman who ordered the McDonald’s coffee and spilled it in her lap and sued McDonald’s because it did not have a warning label on it? What about the woman who fell in the fountain at the mall while texting and wants to sue the mall? These lawsuits may seem fairly farfetched. They fall into the category called frivolous.
My major is Paralegal Studies and I expect to graduate with an Associates of Arts degree in December of this year. Many years ago, as an investigator for both a private company and a county agency, I was introduced to the legal field. Recently, I was awarded the opportunity to attend college, so I decided I wanted to reenter the legal profession as a paralegal. The paralegal profession appeals to me, because I enjoy the processes of developing a case, as well as its legal aspects. A paralegal is involved in a case from the beginning to the end; from the initial client interview to assisting the attorney during the client’s trial or the settlement process. My goal is to become a paralegal for a solo practitioner or a small firm in my local area who represent clients in different areas of the law.
Frivolous Lawsuits As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game?
They are hired by the defendant and sometimes even appointed to someone that is not able to pay for one. The Sixth Amendment of the Constitution guarantees every person the right to be represented by a qualified attorney. In Miranda V. Arizona, the Supreme Court mandated that every person who is arrested be informed of this right and that if they cannot afford an attorney, the court will provide one (Klein, 2012). These defense attorneys are impelled by law to assist their clients by making sure that they are treated fairly by the United States justice system. Their jobs see that people are granted the right to a trail by a jury of their peers, the right of innocent until proven guilty, the right to a speedy and public trial, and the right to remain silent (Klein, 2012). Lawyers are a necessary part of the criminal justice system.
Before starting the paralegal program, I did not have a clear understanding of what a paralegal actually does. I always been interested in being a paralegal, but never clearly understood the full responsibilities. After being in this program, I have some understanding to the many responsibilities than I initially knew. The primary function of a paralegal is to assist attorneys in preparing for hearing, trials, meetings, and real estate closings. In addition, paralegals can also do other office tasks, such as office management as trainer of new hired paralegal, book keeping, and free lancing.
Solicitors also represent their clients in court, mostly the lower courts; but some have advocac... ... middle of paper ... ...to prepare the case and follow it through to the end. Good work has often been done by solicitors, only to see the case badly argued by a barrister in court. This is because he is too remote from the issues and often does not come into the case until the last moment. NOTE:
A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms. Terminology
Advantages and Disadvantages of Alternative Dispute Resolution. Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Researching and Making the Court Papers: The Lawyers have to brief the court about the case well in advance about the issues to be discussed.