Litigation - Study Questions

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Chapter 1 Review Questions:

Question #3. Describe the functions of the members of the legal team.

The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting interviews and scheduling and maintaining client contacts. The support staff are those individuals within the firm that work collectively to accomplish assignments. Investigators are those that conduct the research and gather facts regarding the case to validate or find fault in legal issues of the case. The information technologists (IT) individuals are those who maintain the software and hardware in the firm and keep the necessary equipment operational.

Question #4. Why do lawyers in civil litigation rely upon the members of a legal team?

Lawyers rely on the members of the team because of the amount of work that has to be accomplished to prepare a case. Law firms have assigned duties and responsibilities for these members and they work collectively to accomplish their goals.

Question #5. What are the skills required of the civil litigation paralegal?

The skills necessary for the paralegal include having people and communication skills, being resourceful, being committed, having analytical abilities, and being professional. The paralegal is expected to be a well-rounded professional influence in the firm.

Question #6. What are the tasks the civil litigation paralegal can expect to perform?

The paralegal can expect to conduct interviews of the clients and witnesses, investigate facts to validate or discredit data, conduct discovery, drafting pleadings, assisting at trial, time keeping, and maintaining the budget.

Question #7. Explain the relationship between the skills of the paralegal and the tasks assigned.

The relationship between the skills and tasks are the client representation and ensuring there are no conflicts of interests. The skills are necessary to accomplish the tasks required to function.

Question #8. Does having family members working in separate offices of the same firm create issues of client confidentiality?

There would be no issues in client confidentiality if the family members left work at the office and did not talk about the case outside their office.

Chapter 2 Review Questions:

Question #3. What is ethics?

Ethics are basic guidelines for conduct. These are also known as rules of professional responsibility.

Question #4. What is the purpose of the confidentiality rule in the legal setting?

Confidentiality allows the client to work with the attorney and legal team by relaying personal information so they can provide counsel and assistance. The confidentiality rule assures the client that this information will remain confidential and non-disclosed.

Question #5. Can the confidentiality between attorney and client be lost?

Yes, this information can be disclosed to prevent the commitment of a crime and to defend against a client’s suit.

Question #6. What ethical guidelines, if any, does your state follow?

The military environment follows the Standards of Conduct, providing guidance to military personnel on standards of conduct and ethics. Violations of the punitive provisions by military personnel can result in prosecution under the Uniform Code of Military Justice (UCMJ). For civilians, the consequences can be fines, civil penalties, and termination of employment.

Question #7. What is the ethical obligation of...
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