Paralegal Career For Dummies

by Hatch, Scott; Hatch, Lisa Zimmer

• ISBN13: 9780471799566
• ISBN10: 0471799564
• Edition: CD
• Format: Paperback
• Copyright: 2006-07-31
• Publisher: For Dummies

Summary

Apply important legal concepts and skills you need to succeed Get educated, land a job, and start making money now! Want a new career as a paralegal but don't know where to start? Relax! Paralegal Career For Dummies is the practical, hands-on guide to all the basics -- from getting certified to landing a job and getting ahead. Inside, you'll find all the tools you need to succeed, including a CD packed with sample memos, forms, letters, and more! Discover how to * Secure your ideal paralegal position * Pick the right area of the law for you * Prepare documents for litigation * Conduct legal research * Manage a typical law office Sample resumes, letters, forms, legal documents, and links to online legal resources. Please see the CD-ROM appendix for details and complete system requirements.

Author Biography

Scott Hatch, JD, and Lisa Zimmer Hatch, MA, are founders and administrators of The Center for Legal Studies, which offers training and certificate courses, including paralegal certificate courses, to thousands of people through hundreds of colleges and universities every year.

Table of Contents

Introduction	1	(1)
About This Book	1	(1)
Conventions Used in This Book	2	(1)
What You're Not to Read	2	(1)
Foolish Assumptions	3	(1)
How This Book Is Organized	3	(2)
Part I: A Snapshot of the Exciting and Lucrative Paralegal Profession	4	(1)
Part II: Important Legal Concepts Every Paralegal Should Know	4	(1)
Part III: Putting It into Practice: The Paralegal in the Civil Litigation Process	4	(1)
Part IV: Skills Paralegals Need to Soar Ahead	4	(1)
Part V: The Part of Tens	5	(1)
Part VI: Appendixes	5	(1)
Icons Used in This Book	5	(1)
Where to Go from Here	6	(1)
Part I: A Snapshot of the Exciting and Lucrative Paralegal Profession	7	(30)
Discovering the Paralegal Profession	9	(12)
Almost a Lawyer: What a Paralegal Does	9	(3)
Researching and analyzing the law	9	(1)
Playing Sherlock: Interviewing and investigating	10	(1)
Convening with clients	11	(1)
Administrating the legal environment	11	(1)
On the Job: Where Paralegals Work	12	(3)
The six-figure paralegal: Working for the big firm	13	(1)
Jack or Jill of all trades: Working for the small firm	14	(1)
Spreading the love: The pro bono paralegal	14	(1)
Working for the government	14	(1)
Doing it your way: The paralegal as independent contractor	15	(1)
What It Takes: The Skills, Knowledge, and Training You Need	15	(6)
The paralegal personality	16	(1)
Paralegal know-how	17	(1)
Education and experience: Two ways to train	18	(3)
Membership Has Its Privileges: Paralegal Associations and Their Certification Exams	21	(6)
To Join or Not to Join	21	(3)
Characterizing the types of associations	22	(2)
Weighing in on whether or not to join an association	24	(1)
Deciding Whether to Get Certified	24	(3)
Choosing a certification exam	25	(1)
Weighing the pros and cons of paralegal certification	26	(1)
The Hunt Is On: Securing a Paralegal Position	27	(10)
Finding the Perfect Job	27	(3)
Traditional sources: Scanning the classifieds and turning to placement services	28	(1)
Networking: It's who you know	29	(1)
Telephone books: Let your fingers do the walking	29	(1)
Internet job listings: Fingers walk on keyboards, too	29	(1)
Creating the Documentation	30	(5)
Killer cover letters	30	(2)
Ravishing resumes	32	(3)
Setting Up Shop: Starting a Freelance Paralegal Business	35	(2)
Part II: Important Legal Concepts Every Paralegal Should Know	37	(100)
``All Rise'': The American Judicial System	39	(18)
Everything Old Is New Again: The Importance of Legal Precedence	40	(1)
Checks and Balances: Branches of U.S. Government	41	(5)
The rule makers: The legislative branch	44	(1)
The enforcers: The executive branch	45	(1)
The interpreters: The judicial branch	46	(1)
Playing Fair: Levels of the U.S. Judicial System	46	(8)
The federal judicial system	47	(3)
State judicial system	50	(3)
Local judicial systems	53	(1)
Judge and Jury: The U.S. Jury System	54	(3)
Order in the court: The bench trial	55	(1)
Petition to your peers: The jury trial	55	(2)
The Big Three: Categories of Law	57	(22)
Cutting Through the Red Tape: Administrative Law	58	(5)
Building the bureaucracy: Government agencies	58	(1)
Playing by the rules: Administrative law practices	59	(2)
Getting your way: Informal and formal advocacy	61	(2)
Eliminating Any Reasonable Doubt: The Nature of Criminal Law	63	(5)
Building blocks: Elements of criminal liability	64	(1)
High crimes and misdemeanors: Classes of crimes	65	(3)
Maintaining Polite Society: Civil Law	68	(11)
The victor's spoils: Equitable relief and money damages	68	(1)
Beyond dessert: Tort law	69	(7)
Sealing and unsealing the deal: Contract law	76	(3)
Taking a Case to Trial: The Litigation Process	79	(20)
Constructing the Criminal Case	79	(10)
Charging the defendant	79	(3)
Pushing through criminal pre-trial procedures	82	(4)
Tackling criminal trial procedure	86	(1)
Tying loose ends with criminal post-trial procedure	87	(2)
Carrying Through a Civil Case	89	(10)
Initiating the civil process	89	(4)
Proceeding through pre-trial tasks	93	(4)
Traveling through the trial	97	(1)
Plodding along in the post-trial	98	(1)
How It's Done: Important Rules of Civil Procedure and Evidence	99	(16)
Distinguishing Between Procedural Law and Substantive Law	99	(1)
Following the Federal Rules of Civil Procedure	100	(8)
Beginning an action: Rule 3	100	(1)
Serving process: Rule 4	101	(1)
Figuring out time limits: Rule 6	102	(1)
Drafting pleadings: Rules 8, 11, and 12	103	(1)
Uncovering the facts: Rules 26, 27, 30, 33, 36, and 37	104	(4)
Requesting a summary judgment: Rule 56	108	(1)
Sticking to State Procedural Rules	108	(1)
Figuring Out the Federal Rules of Evidence	109	(6)
The main event: General provisions	110	(1)
What matters: Relevancy	110	(1)
Something special: Privilege	111	(1)
All there?: Competency to testify	112	(1)
Thinking logically: Reasonableness of opinion	112	(1)
The telephone game: Hearsay	113	(1)
The real deal: Authenticity and originality	114	(1)
Because I Said So: The Categories of Legal Authority	115	(8)
Deja Vu All Over Again: Review of Stare Decisis	115	(1)
Who's the Boss? The Premises of Primary and Secondary Authority	116	(3)
First chair: Primary authority	118	(1)
Second fiddle: Secondary authority	119	(1)
Applying the Law: Mandatory and Persuasive Authority	119	(3)
Counting on cases and statues: Mandatory authority	119	(2)
Getting creative with sources: Persuasive authority	121	(1)
Helpful But You Can't Rely On It: Nonauthority	122	(1)
The Substantive Law Areas Most Commonly Practiced by Paralegals	123	(14)
Facing the Family: Domestic Law and Estate Planning	123	(5)
Settling the family affair: Domestic law	124	(1)
Looking to the future: Estate planning	125	(3)
Building the Boom and Blanketing the Bust: Business and Bankruptcy Law	128	(3)
Keeping up with capitalism: Business law	128	(1)
Providing debt relief: Bankruptcy law	129	(2)
Compensating for Pain and Suffering: Personal Injury and Medical Malpractice	131	(3)
Placing the blame: Personal injury law	132	(1)
Questioning the bedside manner: Medical malpractice	133	(1)
Getting It in Writing: Entertainment and Real Estate Law	134	(3)
All that glitters: Entertainment law	134	(1)
Preserving the American dream: Real estate law	135	(2)
Part III: Putting It into Practice: The Paralegal in the Civil Litigation Process	137	(102)
The Paper Chase: Preparing Documents	139	(28)
Communicating in Writing: Types of Legal Documents	139	(7)
Getting started: Preliminary documents	140	(6)
Taking it to the judge: Trial and post-trial documents	146	(1)
Worth the Paper They're Written On: Effective Document Drafting	146	(21)
Commanding attention: Format of a demand letter	147	(3)
Making your case: The complaint	150	(3)
Striking back: The answer	153	(2)
Presenting a formal analysis: The memorandum of law	155	(5)
Exerting your will: Motions	160	(1)
Playing detective: Discovery	161	(4)
Handling trial documents	165	(2)
Elementary My Dear Watson: Legal Investigation	167	(12)
Searching for Clues: Gathering Evidence	167	(9)
What are you trying to prove? Spotting issues	169	(1)
What order will you follow? Creating checklists	169	(2)
Who are you going to call? Sources of information	171	(5)
Keeping Track: Identifying and Protecting Evidence	176	(1)
Leaving your mark: Identifying evidence	177	(1)
On guard: Protecting evidence	177	(1)
Keeping Order: Organizing the Evidence	177	(2)
Setting a timeframe: Chronological organization	178	(1)
Getting the story straight: Organization by versions	178	(1)
Noting discrepancies: Organization by inconsistencies	178	(1)
Chewing the Fat: Legal Interviewing	179	(14)
Getting to Know You: Initial Client Interviews	179	(8)
Setting the mood	180	(1)
Directing the content	181	(6)
Ending the initial interview	187	(1)
Completing the Story: Witness Interviews	187	(1)
Preparing Clients and Witnesses for Testimony	188	(5)
Burning the Midnight Oil: Legal Research	193	(18)
Conducting Legal Research in Four (Easy?) Steps	194	(3)
Searching for applicable law	194	(2)
Reining in the research process	196	(1)
Tools of the Trade	197	(8)
Establishing a foundation with legal encyclopedias	197	(2)
Analyzing topics with American Law Reports	199	(1)
Digging through digests	200	(1)
Rummaging through reporters	201	(1)
Keeping current with Shepard's case citators	202	(2)
Opting for other resources	204	(1)
Getting Technological: Computerized Legal Research	205	(3)
CD-ROM law libraries	205	(1)
Westlaw	205	(1)
LexisNexis	206	(1)
The Internet	207	(1)
Citing Cases Properly: Citation Format	208	(3)
Citing statutes	209	(1)
Citing cases	209	(2)
Where the Rubber Hits the Road: Trial Performance	211	(14)
Creating the Ultimate Source of Information: The Trial Notebook	211	(3)
Selecting the Jury: The Paralegal and Voir Dire	214	(5)
Rebelling without a cause: Peremptory challenges	217	(1)
Making a good excuse: Challenges for cause	218	(1)
Dismissing the kit and caboodle: Challenges to the array	218	(1)
Monitoring the pool	218	(1)
Keeping Track of Witnesses	219	(1)
Weighing Testimony: The Paralegal's Take on the Jury's Reaction	220	(2)
Preparing Questions for the Attorney	222	(1)
Settling Up: Preparing the Cost Bill	222	(1)
Blood from a Turnip: Collecting a Difficult Judgment	223	(2)
The Official Word: Ethical Codes for Legal Professionals	225	(14)
Doing What's Right: The Importance of Ethics	226	(3)
Defining ethics in the field of law	226	(1)
Going too far: The unauthorized practice of law	227	(1)
Following the chain of responsibility	228	(1)
Abiding by the Rules of Professional Conduct	229	(6)
Preserving the client-lawyer relationship	230	(2)
Dealing with others in and out of the law office	232	(2)
Maintaining the integrity of the profession	234	(1)
Sorting through the Codes of Paralegal Associations	235	(4)
Applying the standards of the National Association of Legal Assistants	235	(1)
Knowing the National Federation of Paralegal Associations code	236	(1)
Cracking the codes of other organizations	237	(2)
Part IV: Skills Paralegals Need to Soar Ahead	239	(54)
Write On: Presenting a Clear, Concise Legal Writing Style	241	(28)
Careful Correspondence	242	(1)
Letters that impact	242	(1)
Effortless e-mails	243	(1)
Grammar: The Foundation of an Effective Writing Style	243	(7)
The eight parts of speech	243	(5)
The elements of a sentence	248	(2)
Sentence Structure: Positioning the Sentence's Elements	250	(3)
Eliminating wordiness	251	(1)
Positioning modifiers	252	(1)
Using active voice	253	(1)
Employing parallel structure	253	(1)
Punctuation and Mechanics: Mastering the Rules	253	(11)
Rules for proper punctuation	254	(4)
Mastering mechanics	258	(6)
Organization: Structuring the Finished Product	264	(2)
The outline	264	(1)
The paragraph	265	(1)
Specific documents	266	(1)
Proofreading: Polishing the Finished Product	266	(1)
Avoiding Plagiarism	267	(2)
The Latest Thing: Using Technology in Law	269	(12)
Operating Computer Hardware and Networks in the Law Office	270	(1)
Getting Savvy on Software Applications for the Law Office	271	(5)
Sticking with standard office software	271	(3)
Navigating special software for law firms	274	(2)
Surfing the Net: Online Resources	276	(2)
Researching the globe	276	(1)
Meeting over the miles	277	(1)
Carting Computers into the Courtroom	278	(3)
Cutting the cords: Laptops and wireless technology	278	(2)
Recognizing the downside of technology	280	(1)
Law Office Management 101	281	(12)
Buying Time: Management Systems	281	(6)
Marking the days: The calendar system	282	(2)
Setting the alarm: The tickler system	284	(1)
Getting it in writing: The to-do list	285	(2)
Keeping Account: Billing Systems	287	(2)
Recording time	288	(1)
Creating invoices	288	(1)
A Place for Everything: File Management	289	(4)
Maintaining a filing system	290	(1)
Organizing documents in a file folder	290	(1)
Keeping track of popular files	291	(1)
Storing old files	291	(2)
Part V: The Part of Tens	293	(14)
The Ten Most Important Rules of Ethics	295	(4)
Avoiding the Unauthorized Practice of Law	295	(1)
Maintaining Client Confidentiality	296	(1)
Disclosing Your Paralegal Status	296	(1)
Reporting Ethics Violations of Other Legal Professionals	296	(1)
Disclosing Information to Prevent Death or Serious Bodily Harm	296	(1)
Sharing Information with Your Supervising Attorney	297	(1)
Avoiding Conflicts of Interest	297	(1)
Obeying All Applicable Attorneys' Ethics Rules	297	(1)
Giving Something to the Community: Pro Bono Services	298	(1)
Making Your Voice Heard: Supporting Efforts to Improve the Legal System	298	(1)
Ten Things Every Paralegal Should Know	299	(4)
How to Ask for Help	299	(1)
Your Role	300	(1)
How to Communicate Effectively	300	(1)
The Value of Being Organized	300	(1)
Your Limitations	301	(1)
How to Research	301	(1)
How to Use Technology	301	(1)
The Rules of Professional Responsibility	302	(1)
How to Draft Fundamental Legal Documents	302	(1)
How to Weigh the Value of Paralegal Organizations	302	(1)
Ten Survival Tips to Thrive in the Legal Environment	303	(4)
Continue Your Education	303	(1)
Keep a Good Legal Dictionary Nearby	303	(1)
Maintain the Integrity of Your Profession	304	(1)
Be Polite and Patient with Court Clerks	304	(1)
Take a Mind Reading Course	304	(1)
Enjoy Problem Solving	304	(1)
Refrain from Badmouthing Other Paralegals and Attorneys	305	(1)
Never Act as though You're Irreplaceable	305	(1)
Don't Count on a Normal Work Schedule	305	(1)
Resist the Urge to Gossip about Clients	305	(2)
Part VI: Appendixes	307	(2)
Appendix A: Glossary of Important Legal Terms: A Mini Legal Dictionary	309	(26)
Appendix B: About the CD	335	(12)
System Requirements	335	(1)
Using the CD	336	(1)
What You'll Find on the CD	336	(1)
Documents on the CD	337	(4)
Paralegal associations	337	(1)
Job search	337	(1)
Legal process	338	(1)
Fundamental legal documents	338	(1)
Discovery	339	(1)
Investigating and interviewing	339	(1)
Legal research	339	(1)
Rules of evidence and procedure	340	(1)
Trial procedures	340	(1)
Law office administration	340	(1)
Links to Web Sites	341	(4)
Paralegal associations	341	(1)
Ethics rules	341	(1)
Job search	341	(1)
Criminal complaint and accompanying documents	342	(1)
Rules of evidence and procedure	342	(1)
Online investigation and asset searches	343	(1)
Online research	343	(1)
Law firm software	344	(1)
Troubleshooting	345	(2)
Index	347