The Legal Assistant's Complete Desk Reference A Handbook for Paralegals and Assistants

by Furi-perry, Ursula

• ISBN13: 9781616328801
• ISBN10: 1616328800
• Edition: CD
• Format: Package
• Copyright: 2012-04-16
• Publisher: American Bar Association

Summary

The American Bar Association examines the myriad responsibilities of legal assistants and paralegals in The Legal Assistant's Complete Desk Reference. This authoritative compendium provides the scope and definition of the proficient and successful legal assistant in six easy-to-use sections. Also included is a CD-ROM of sample forms and letters, a state-by-state resource guide, a glossary of common legal terms, and a thorough index.

Author Biography

Ursula Furi-Perry is an attorney and the author of more than 300 published articles and eight books, including: 50 Legal Careers for Non-Lawyers (ABA Publishing, 2008); 50 Unique Legal Paths: Finding the Right Job (ABA Publishing, 2008); Law School Revealed: Secrets, Opportunities, and Success! (Jist Publishing, 2009); Trial Prep for Paralegals (National Institute for Trial Advocacy, 2009); Your First Year as a Lawyer Revealed (Jist Publishing, 2010); and Trial Prep for the New Advocate (National Institute for Trial Advocacy, 2010). She is the Director of Academic Support and Director of the Bar Essay Writing Program at the Massachusetts School of Law at Andover.

Table of Contents

A Day in the Life of a Legal Assistant	p. 1
What is a Paralegal or Legal Assistant?	p. 3
Typical Duties	p. 5
Model Standards and Guidelines for Utilization of Paralegals	p. 7
Legal Assistant Confidentiality	p. 19
Sample Confidentiality Agreement	p. 19
Paralegal Involvement in Bar Associations	p. 20
Best Practices	p. 23
Working with Your Attorney	p. 23
Client Intake	p. 27
Client Intake Form (General)	p. 27
Sample Client Questionnaire	p. 29
Conflict Search (For Office Use)	p. 31
Types of Names to Be Added to Conflict List	p. 32
Legal Services Agreement	p. 33
General Engagement Letter	p. 36
File Opening Form (for Office Use)	p. 37
Disengagement Letter/Closing Letter	p. 39
Filing Systems and Records Management	p. 40
Billing and Time Management	p. 40
Legal Ethics	p. 44
Ethics Codes	p. 44
Paralegal Codes	p. 44
Select Rules from the Model Rules of Professional Conduct	p. 58
The Unauthorized Practice of Law	p. 64
Paralegals and Conflict of Interest	p. 69
Court Systems and Procedures	p. 73
The Civil Litigation Process and Related Court Rules	p. 75
Jurisdiction	p. 75
Court Rules	p. 77
Pleadings	p. 77
Service of Process	p. 78
Answers and Defenses	p. 85
Motions to Dismiss	p. 87
Rule 11	p. 88
Discovery	p. 90
Discovery Methods in More Detail	p. 91
Failure to Comply with Discovery	p. 98
Pretrial Conferences	p. 99
Motion for Summary Judgment	p. 102
Jury Trials	p. 103
The Trial Process	p. 104
Post-Trial Matters	p. 107
The Criminal Process and Related Rules and Procedures	p. 110
Preliminary Proceedings	p. 110
Searches and Seizures	p. 122
Criminal Trials	p. 128
Post-Conviction Procedures	p. 132
Defendant's Presence, the Right to Cross-Examine Witnesses, and the Privilege Against Self-Incrimination	p. 137
The Right to Counsel	p. 139
Rules Regarding Motions, Dismissals, and Serving Papers	p. 140
Rules of Evidence	p. 142
Relevance	p. 142
Privilege	p. 144
Witnesses	p. 145
Hearsay	p. 151
Authentication and the Best Evidence Rule	p. 157
Character Evidence	p. 162
The Appellate Process and Related Court Rules	p. 164
Preparing Legal Instruments, Documents and Court Filings	p. 177
Pleadings	p. 179
Sample Pleading	p. 179
Motions	p. 185
Motion Example 1	p. 185
Motion Example 2	p. 187
Sample Motion to Vacate	p. 189
Discovery	p. 191
Form Spoliation Letter to Opposing Counsel	p. 192
Request for Production of Documents	p. 197
Interrogatories Directed to Plaintiff	p. 199
Certificate of Service	p. 202
E-Discovery	p. 203
Contracts and Instruments	p. 204
Letter Acknowledging Modified Terms	p. 205
Articles of Incorporation	p. 206
Articles of Limited Partnership	p. 207
Employment Agreement	p. 214
Confidentiality Agreement	p. 216
Legal Research and Writing	p. 219
Legal Research and Writing Resources	p. 221
Federal Laws, Codes, and Statutes	p. 221
State, Federal, and Supreme Courts	p. 228
Federal Agencies and Departments	p. 235
Trial Preparation	p. 245
Assisting at Trial: Litigation Paralegals	p. 247
"Timeline" or Progression of Paralegal Tasks in Preparation for Trial	p. 250
Assisting with the Presentation of Witnesses at Trial	p. 253
Assisting with Exhibits	p. 254
The Paralegal's Role in Putting Together a Trial Notebook	p. 255
Setting up a War Room	p. 258
Areas of Practice	p. 261
Bankruptcy and Collections	p. 263
Helping People Out of Sticky Situations: Collections and Bankruptcy Paralegals	p. 263
Specialty Areas of Practice: Bankruptcy Law Resources	p. 267
Specialty Areas of Practice: Collections Resources	p. 268
Forms	p. 269
Bankruptcy Intake Information	p. 269
Cease and Desist Letter	p. 275
Reaffirmation Agreement	p. 276
Exhibits and Schedules	p. 280
Sample Voluntary Petition Chapter 11	p. 285
Sample Chapter 11 Motion for an Expedited Hearing	p. 298
Corporate and Business Law	p. 303
It's Big Business: Corporate and Business Paralegals	p. 303
Specialty Areas of Practice: Business Law Resources	p. 306
Specialty Areas of Practice: Corporate Law Resources	p. 306
Forms	p. 308
Corporate-Business Law Client Intake Form Sample	p. 308
Articles of Incorporation	p. 309
Certificate of Transaction of Business Under Fictitious Name-By Corporation	p. 311
Contract for Sale and Purchase of Business	p. 312
Sample Corporate Bylaws	p. 321
Shareholders Agreement	p. 329
Contract for Sale of Goods	p. 341
General Partnership Agreement	p. 342
Independent Contractor's Agreement	p. 344
Labor and Employment	p. 347
Assisting with Workplace Issues: Labor and Employment Paralegals	p. 347
Specialty Areas of Practice: Employment Law Resources	p. 350
Forms	p. 351
Intake Form: Plaintiff In An Employment Related Matter	p. 351
Employee Non-compete Agreement	p. 354
Estate Planning	p. 355
Planning for the Future, Administering the Past: Probate and Estates Paralegals	p. 355
Specialty Areas of Practice: Estates, Trusts & Probate Law Resources	p. 359
Forms	p. 361
Confidential Estate Planning Intake Form	p. 361
Family Law	p. 365
Best Interests in Mind: Family Law Paralegals	p. 365
Specialty Areas of Practice: Family Law Resources	p. 368
Forms	p. 369
Client Information Form	p. 369
General Information Sheet	p. 392
Client Income Information	p. 395
Spouse Income Information	p. 396
Real Estate/Property	p. 397
Property List	p. 400
Debt List	p. 401
Monthly Expenses	p. 402
Interrogatories	p. 405
Petition for Simplified Dissolution of Marriage	p. 414
Real Estate	p. 417
Assisting with Land Transactions: Real Estate Paralegals	p. 417
Forms	p. 420
Real Estate Intake Form	p. 420
Information for Probate of Estate	p. 423
Intellectual Property	p. 425
Patents, Trademarks, Copyrights, Oh My!: Intellectual Property Paralegals	p. 425
Forms	p. 429
Assignment of Copyrights	p. 429
Employee Invention Agreement	p. 430
Employee Non-disclosure and Confidentiality Agreement	p. 431
Trademark Infringement Letter	p. 432
State-by-State Resource	p. 433
Glossary of Common Legal Terms	p. 443
Index	p. 445
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