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INTRODUCTION TO FAMILY LAW. © 2006 Thomson Delmar Learning. All Right Reserved. CHAPTER 1 LIFE ON THE JOB. © 2006 Thomson Delmar Learning. All Right Reserved. Chapter 1. Life on the Job. Introduction to a Family Law Practice Typical family law practices

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INTRODUCTION TO FAMILY LAW

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Introduction to family law

INTRODUCTIONTOFAMILY LAW

© 2006 Thomson Delmar Learning. All Right Reserved.


Chapter 1 life on the job

CHAPTER 1LIFE ON THE JOB

© 2006 Thomson Delmar Learning. All Right Reserved.


Life on the job

Chapter 1

Life on the Job

  • Introduction to a Family Law Practice

    • Typical family law practices

    • Over 50% of marriages end in divorce.

    • Defining the role of a paralegal/legal assistant in a family law practice.

  • Susan’s Story

  • Susan Searches for a Job

    • Resume

    • Cover Letter

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Effective Job Search Techniques

    • Research the type of firm for you

    • Martindale-Hubbell as a resource

    • Portfolio planning

  • Susan Lands a Job

  • Planning Now for a Successful Job Search

    • Sample Portfolio

  • You Have Landed the Job -- Now What?

© 2006 Thomson Delmar Learning. All Right Reserved.


Life on the job1

Chapter 1

Life on the Job

  • Scheduling Appointments

    • Conflict of Interest

  • Preparing the Client for the First Appointment

    • Address and phone number of the client

    • Letter to client confirming appointment

    • List of paperwork client needs to bring

© 2006 Thomson Delmar Learning. All Right Reserved.


Life on the job2

Chapter 1

Life on the Job

  • The Client’s First Appointment

    • Retainer

    • Breach of contract issues

    • Legal malpractice

    • Costs

      • Filing fees

      • Court reporter

      • Experts

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Creating Client File

Opening a file

Pleadings

Complaint

Answer

Discovery

Interrogatories

Produced documents

Deposition

Transcripts

Agreements

Orders

Judgments

Exhibits

Chapter 1

Life on the Job

© 2006 Thomson Delmar Learning. All Right Reserved.


Life on the job3

Chapter 1

Life on the Job

  • Starting a case

    • Complaint

    • Parties in a case

    • Cause of action

    • Divorce/dissolution of marriage - defined

    • Legal Separation - defined

© 2006 Thomson Delmar Learning. All Right Reserved.


Life on the job4

Chapter 1

Life on the Job

  • Proper Service Required

    • Summons

    • Service of process or waiver of service

    • Three Options

      • File an answer

      • File an appearance

      • Ignore complaint

    • Default Judgment

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Which Court has Proper Jurisdiction?

    • In personam jurisdiction

    • In rem jurisdiction

  • Dealing with Jurisdictional Difficulties

    • Forum Shopping

  • Necessary Information

    • Case information statement (CIS)/financial affidavit

  • Docket Numbers

    • Docket number, case number or calendar number

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Susan’s First Day on the Job

    • Introduction to people in the firm and surroundings

    • Notice of Motion and application for pendente lite relief

    • Certification in support of the Notice of Motion

    • Order

  • Susan Gets Up Close and Personal with Her First Motion

  • Susan Produces Documents

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Discovery

    • Interrogatories

    • Demand for the production of documents

    • Depositions

    • Experts

    • Private Investigators

  • First Step in Discovery

    • Preparation of interrogatories

    • Review of answers

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Motions Take Practice

    • Filing

    • Answering

    • On the papers

  • Produce Documents or Else

    • Demand for the production of documents

    • Reasons for not producing documents

      • Unduly burdensome

      • Documents not within the party’s control

      • Attorney-client privilege

      • Work-product privilege

© 2006 Thomson Delmar Learning. All Right Reserved.


Life on the job5

Chapter 1

Life on the Job

  • The Deposition Process: On the Record

    • Scheduling

    • Court reporter

    • Transcript

    • Deposition Summary

  • The Truth and Nothing But?

  • The Trial Process

  • The Judge Hears the Case

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Pretrial Work

    • Pretrial hearings

  • Road Map of the Case

    • Opening statement

    • Direct examination

    • Cross examination

    • Re-direct

    • Re-cross

    • Closing arguments

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • It’s Not Over Until the Judge Decides

    • Final Order/Judgment

  • Post-Judgment Matters: All Said and Done?

    • Modifications to the final judgment

  • Weaving Ethics into Your Workday

    • Rules of professional conduct

    • Model Standards

      • National Federation of Paralegal Associations (NFPA)

      • National Association of Legal Assistants (NALA)

© 2006 Thomson Delmar Learning. All Right Reserved.


Introduction to family law

Chapter 1

Life on the Job

  • Ethics Alert:

    • Knowing your boundaries

© 2006 Thomson Delmar Learning. All Right Reserved.


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