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INTRODUCTION TO FAMILY LAW

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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  1. INTRODUCTIONTOFAMILY LAW © 2006 Thomson Delmar Learning. All Right Reserved.

  2. CHAPTER 1LIFE ON THE JOB © 2006 Thomson Delmar Learning. All Right Reserved.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. Chapter 1 Life on the Job • Ethics Alert: • Knowing your boundaries © 2006 Thomson Delmar Learning. All Right Reserved.

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