Introduction to Paralegalism Perspectives Problems and Skills 7th Edition by William P Statsky ISBN 1435400062 9781435400061

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ISBN 10: 1435400062 
ISBN 13: 9781435400061
Author: William P Statsky

Introduction to Paralegalism Perspectives Problems and Skills 7th Table of contents:

Part 1. The Paralegal in the Legal System
Chapter 1. Introduction to the Paralegal Career
Launching Your Career
Do You Know What Time It Is? Precision Matters
The Scope of Your Legal Education
Major Players: Organizations for Paralegals
National Federation of Paralegal Associations (NFPA)
National Association of Legal Assistants (NALA)
NALS, The Association for Legal Support Professionals
American Bar Association Standing Committee on Paralegals (SCOP)
State Bar Association of Your State
Your Local Paralegal Association
Other Important Organizations
Job Titles: What’s in a Name?
Paralegal and Legal Assistant
Other Titles
Definitions of a Paralegal
Definitions Written by State Legislatures and State Courts
Definitions Written by Associations
Characteristics of the Definition
Paralegal Fees
Introduction
Fee-Shifting
Market Rates in Statutory-Fee Cases
Challenges to Awards of Fees in Statutory-Fee Cases
Recordkeeping
Summary of Rules on Fees
Career Ladders in Large Law Offices
Paralegal Salaries
Factors Influencing the Growth of Paralegalism
1. The Pressure of Economics
2. The Call for Efficiency and Delegation
3. The Promotion by Bar Associations
4. The Organization of Paralegals
“Oh, You’re Studying Law?”
Your Online Reputation: It Matters
Conclusion
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 2. Paralegal Employment
The Job Market
Where Paralegals Work
1. Paralegals in Private Law Firms
2. Paralegals in Law Departments of Businesses
3. Paralegals in Government
4. Paralegals in Legal Aid Offices (Civil Law)
5. Paralegals in Special-Interest Groups
6. Paralegals in Criminal Law Offices
7. Paralegals as Independent Contractors
8. Paralegals Working for Legal Service Providers (LSPs)
9. Paralegals in Other Positions
10. Summary
Paralegal Specialties: A Dictionary of Functions
Finding a Job
Begin Now: It’s Never Too Early to Start Looking for a Job
Networking
Ads
Secretary, Administrative Assistant, and Attorney Positions
Placement Agencies
Cold Calling
Informational Interviews
Job Leads Online
Using Social Media in the Job Search
General Guidelines on Using Social Media in a Job Search
Security and Privacy When Using Social Media
Résumé
Guidelines on Drafting an Effective Résumé
Action Verbs to Use
Nonaction Verbs to Avoid
Truthfulness and Embellishing Your Résumé: Never Tell a Lie
Background Research on a Prospective Employer
Chronological and Functional Résumés
Cover Letter
Proofread, Proofread, Proofread
Writing Samples
Job Interview
Job Interview Guidelines
Send a Follow-Up Letter
Turned-Down: Post-Interview Feedback
Job Search Notebook (JSN)
JSN: Prior and Current Nonlegal Employment JSN: Prior and Current Legal Employment JSN: Prior and Current Volunteer Activity
JSN: Other Life Experiences
JSN: Nonlegal Education and Training
JSN: Legal Education and Training
JSN: Draft of General Résumé
JSN: Targeted RéSumés
JSN: Writing Samples
JSN: Portfolio
JSN: Attorney Contacts
JSN: Paralegal Contacts
JSN: Job Interviews
Volunteering as a Way to Gain Legal Experience
Finding Volunteer Opportunities
Summary of Job Strategies
Your Second Job
Chapter Summary
Key Terms
Review Questions
Assignments
Portfolio Binder Assignment
Chapter 3. On-the-Job Realities: The Legal Environment
The Ideal: How to Find the Best Job Satisfaction
Communication: Don’t Think It—Communicate It
The Multigenerational Office
Managing Expectations of the Job
The Environment of a Law Office
Managing and Minimizing Office Politics
Self-Assessment and Employer Evaluations
Working with Attorneys
Assertive/Nonassertive/Aggressive Behavior
Nonassertive
Aggressive
Assertive
The Skill of Listening
Keeping a Diary or Journal and a Career Development File
Diary or Journal
Career Development File
Paralegal CLE
Responsibilities of Supervisors
Relationship with Legal Secretaries and Administrative Assistants
Sexual Harassment in the Workplace
Working with Systems
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 4. The Regulation of Paralegals
Kinds of Regulation
Defining the Practice of Law
The Unauthorized Practice of Law: When the Lines Are Crossed
Ambiguity in the Definition
Tests to Help Identify the Practice of Law
Legal Information vs. Legal Advice
Self-Help Materials and Document Service Providers (DSPs)
Interactive Computer Programs
Antitrust Issues
Roles for Paralegals in Court Proceedings
Court Appearances
Jailhouse Lawyers
Roles for Paralegals in Administrative Proceedings
UPL Objection to Nonattorney Representation at Federal Agencies
UPL Objection to Nonattorney Representation at State Agencies
Nonattorney Practice Before Federal Administrative Agencies
Nonattorney Practice Before State Administrative Agencies
Licensing
Traditional Paralegals
Document Service Providers (DSPs)
Certification
National Certification
State Certification
Fair Labor Standards Act (FLSA)
Tort Liability
Personal and Vicarious Liability
Negligence
Causation
Paralegals
Malpractice Insurance
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 5. Introduction to Law Office Administration
Practice of Law in the Private Sector
Sole Proprietorship
Office-Sharing Arrangement
Partnership
Professional Corporation
Limited Liability Entity
Corporate Law Department
Legal Administrator and Paralegal Manager
Job Description
Other Personnel in a Large Law Office
Outsourcing
Timekeeping
Categories of Fees
Clock-Based Fees
Alternative Fees
Court Costs
Billing
Billing Codes
Billing Steps
Client Trust Accounts
Administrative Reports
Client File Management
Paper Files
Electronic Files
Filing Systems
Closed Files
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 6. Attorney Ethics and Paralegal Ethics
Ethics in the Real World
Attorney at Law and Attorney in Fact
Enforcing Ethics
Ethics and Sanctions
Who Regulates Attorneys?
Attorney Codes of Ethics
Ethics Opinions
Accusation of Unethical Conduct
Application of Attorney Codes to Paralegals
Paralegal Codes
Paralegal Codes Written by Bar Associations, Courts, and Legislatures
Paralegal Codes Written by Paralegals
Ethics Rules: Introduction
Formation of the Attorney–Client Relationship
Paralegal Perspective
Limited-Scope Representation
Unbundled Legal Services
Collaborative Law
Competence
Paralegal Perspective
Digital Competence
Diligence/Unwarranted Delay
Paralegal Perspective
Fees
What Is a Reasonable Fee?
Fee Agreement
Expenses
Passing on Savings to Clients
Minimum Fees
Maximum Fees: Fee Caps
Contingent Fees
Fee Splitting Among Attorneys
Nonpayment of Fees and the Client’s File
Misconduct by Attorneys
Paralegal Perspective
Obstructing Access to Evidence
Crime or Fraud by Clients
Frivolous Positions and Harassment
Paralegal Perspective
Safekeeping Property
Commingling
Retainers
Client Records
False Evidence and Statements; Failure to Disclose
False Evidence and Statements
Duty to Disclose Contrary Authority
Confidentiality
What Information Is Confidential?
Exceptions to the Rule on Confidentiality
Attorney-Client Privilege (ACP)
Attorney Work-Product Rule
Inadvertent Disclosure
Conflict of Interest
Introduction
Concurrent Representation
Successive Representation
Personal-Interest Conflicts
Positional Conflicts
Third-Person Conflicts
Vicarious Conflicts
Migratory Conflicts
Conflicts Checks
Communication with the Other Side
Paralegal Perspective
Solicitation
Paralegal Perspective
Advertising
Paralegal Perspective
Payment for Referrals or Recommendations
Paralegal Perspective
Reporting Professional Misconduct
Paralegal Perspective
Pro Bono Services
Paralegal Perspective
Withdrawal
Mandatory Withdrawal
Permissive Withdrawal
Letter of Disengagement
Appearance of Impropriety
Paralegal Perspective
Unauthorized Practice of Law (UPL)
Paralegals
ABA Model Code
ABA Model Rules (Rule 5.3)
Ethics Code in Your State
Identification of Paralegal Status
Doing What Only Attorneys Can Do
Kinds of Supervision
Supervising Independent Paralegals
Ethical Codes of Paralegal Associations
Your Ethics or Your Job?
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 7. Introduction to the Legal System
Our Legal System
Federalism
Branches of Government
Checks and Balances
Introduction to Law
Primary Authority
Constitutional Law
Common Law, Enacted Law, and Equity
International Law
Judicial Branch
Adversary System
Courts of Record
Jurisdiction
State Courts
Federal Courts
Executive Branch
Legislative Branch
Proposal
Committee Consideration
Floor Debate
Conference Committee
Floor Debate
Response of Chief Executive
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Part 2. The Skills of a Paralegal
Chapter 8. Introduction to Legal Analysis
Legal Analysis Skills: Introduction
Legal Analysis Skills
Finding a Rule to Apply (Legal Research)
Legal Analysis Skills: Element Identification
Examples
Guidelines for Identifying Elements
Additional Benefits of Element Identification
Legal Analysis Skills: Issue Spotting and Phrasing
Examples
Legal Analysis Skills: Definitions
Example #1 — Co-op
Legal Analysis Skills: Factor Analysis
Memorandum of Law
IRAC
IRAC
IFRAC (or FIRAC)
Sections of a Memo
Sample Memos
Introduction to Court Opinions
The Meanings of Brief
Detailed Examination of an Opinion
Legal Analysis Skills: Briefing an Opinion
Pre-Read Before Briefing
Additional Notes for The Brief
Thumbnail Brief
Legal Analysis Skills: Applying an Opinion
Rule Comparison
Fact Comparison
Memorandum of Law Applying an Opinion
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 9. Legal Research
Introduction
Performing Legal Research Online or the Traditional Law Library: That Is the Question
Online Legal Research: A General Overview
Reliability of Law Online
Wikipedia
Google: A Good Place to Begin?
Google Scholar
Additional Sources for Finding Law Online
Finding Traditional Law Libraries
Traditional Law Libraries
Depository Libraries
Your Neighborhood Public Library
Ask an Online Librarian
CARTWHEEL
Other Index Search Systems
TAPP
Kinds of Authority
Primary Authority
Hierarchy Among Primary Authorities
Secondary Authority
Reports/Studies of Special-Interest Groups
Reports/Studies of Administrative Agencies
Reports of Legislative Committees
Citation
Citation Rules
Bluebook and ALWD Guide
General Citation Guidelines
Citing Court Opinions (Cases)
Citing Constitutional Law
Citing Statutes
Citing Administrative Regulations
Citing Other Authorities
Citing Online Sources
Cite Checking
Guidelines for Cite Checking
The First Level of Legal Research
Finding the Law
Digests and Annotations
Where Can You Find and Read Federal Cases?
Online Websites to Locate Cases from Federal Courts
Where Can You Find and Read State Cases?
Online Resources for State Cases
How Do You Find Out if a Case Is Still Good Law?
Finding Statutes
Statutory Codes
Where Can You Find and Read Federal Statutes?
Where Can You Find and Read State Statutes?
How Do You Find Out if a Statute Is Still Good Law?
How Do You Find and Read the Legislative History of a Statute?
Finding Constitutional Law
Finding Administrative Law
Finding Court Rules (Rules of Court)
Finding Local Law
Finding International Law
Westlaw and Lexisnexis
Scope of Westlaw and Lexisnexis
Searches on Westlaw and Lexisnexis
Citators in Westlaw and Lexisnexis
Alternative Fee-Based Services
Summary of Terminology of Legal Research
Research Self-Audit and Road Map
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 10. Legal Writing
Introduction
Initial Steps When Receiving a Writing Assignment
Proofreading Techniques: How to Proofread Your Own Writing
Dangers of Copy and Paste
Types of Legal Writing Documents Used in the Legal Profession
Letter Writing
Standard Components of Many Business Letters
Email Writing
Instruments
Pleadings
Memoranda of Law
Appellate Briefs
The Structure of an Appellate Brief
General Writing Guidelines
Guidelines
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 11. Computers and Technology in a Law Office
Introduction
What to Do on Your Own…Now
Courses, Meetings, and Groups
Review of the Basics
Hardware and Software
Memory
Storage Systems
Input Devices
Output Devices
Communication Devices
Local Area Networks (LANs); Wide Area Networks (WANs)
Intranet and Extranet
Software in a Law Office
Knowledge Management
Introduction to the Internet
Connecting to the Internet
Internet Addresses
Email
Instant Messaging
Electronic Mailing List
Social Media
Alerts
Podcasts
Online Searching
Search Techniques
Assessing Reliability
Factual and Legal Research Online
Security Online
Confidentiality
Spam
Malware
Ethical Issues
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 12. Legal Interviewing
Introduction
Professionalism: Your Calling Card
Hiring the Firm
Context of Interviewing in Litigation
Format of an Intake Memo
What Facts Do You Seek? Guides to the Formulation of Questions
Instructions of the Supervisor for the Interview
Evidence, Procedural Law, and Substantive Law
Checklists
Fact Particularization
Extent of Certainty and Uncertainty
Common Sense and Flexibility
What Does the Client Want?
Clients in Distress
Assessing Your Own Bias
Communication Skills: Analysis of an Interview
Introduction
Preparing for the Interview
Environment
Getting Started
Kinds of Questions
Attentive Listening
Comprehensiveness
Ethics and Interviewing
Ending the Interview
Personality Observations
Improving Your Interviewing Skills
The “Difficult” Client
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 13. Investigation in a Law Office
Paralegal Roles in Investigation
Nature and Context of Investigation
Fact Analysis: Organizing the Options
Distortions in Investigation
Sources of Evidence/Sources of Leads
Gaining Access to Records
Guidelines for Gaining Access to Records
The Different Types of Evidence and Evaluating Their Usefulness
Interviewing Witnesses
Background Investigations
Locating Missing People or Witnesses: Finding Someone Who Doesn’t Want to Be Found
License to Investigate?
The Anatomy of an Automobile Accident Investigation
Basics of Evidence Law
Introduction
Relevance
Competence of Witnesses
Opinions
Hearsay
Privilege
Authentication
Parol Evidence Rule (PER)
Evidence Log
Taking a Witness Statement
Settlement Workup
Ethics and Investigation
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 14. Litigation Support: The Role of the Paralegal
Introduction
Overview of Civil and Criminal Litigation
The Legal Odyssey of Michael Brown: An Anatomy of the Litigation Process
1. Civil Liability
Choosing a Court to File a Complaint: What to Consider
Initiating the Lawsuit: What the Plaintiff Must Do
Responding to the Lawsuit: What the Defendants Can Do
The Discovery Process
Getting Ready for Trial: What Happens
The Trial: Understanding the Process
Post-trial Procedure: What Can a Losing Party Do—Motions and Appeals
2. Criminal Liability: Arrest and Beyond
The Trial: The Rights of the Defendant
3. Administrative Dispute
Alternative Dispute Resolution (ADR)
Arbitration
Mediation
Med-Arb
Private Judging
Neutral Evaluation
Summary Jury Trial; Summary Bench Trial
Collaborative Law
Online ADR or Virtual ADR
Litigation Support: Roles in ADR
Litigation Support: The Role of the Paralegal in the Pretrial Stage
1. Pleadings
Other Pleadings
2. Service of Process and Court Filings
3. Calendar Control and Scheduling
4. Discovery
Depositions
Interrogatories
Request for Admissions
Production of Documents and Things
Request for Independent Medical Examination
The Duty to Supplement Discovery
5. Trial Notebooks
6. Settlement
7. Expert Witnesses
Litigation Support: The Trial Stage—An Invaluable Team Member
Exhibits
Mock Trials and Shadow Jurors
Litigation Support: The Criminal Litigation Process
Litigation Support: The Appeal Stage—Gathering Trial Information
Litigation Support: The Enforcement and Collection Stage—Being a Sleuth
Chapter Summary
Key Terms
Review Questions
Assignments
Core Skills Assignments
Portfolio Binder Assignment
Chapter 15. Informal and Formal Administrative Advocacy
Nature of Advocacy
Judicial Review of Administrative Decisions
Informal Advocacy
Sample Case
Procedural Due Process
Formal Advocacy
Sample Case
Background
Prehearing Advocacy
Characteristics of Disability Hearings
Preparation for the Hearing
The O’Brien Hearing
Further Appeals
Conclusion
State Administrative Proceedings: Informal and Formal Advocacy
Litigation Support: The Role of the Paralegal in the Administrative Process
Rulemaking Authority of Administrative Agencies
Chapter Summary
Key Terms

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William P Statsky,Paralegalism Perspectives