Transcript
Chapter 4—Paralegal Workplace Skills
A. Chapter Introduction
The skills required of a successful paralegal have evolved over time. Two decades ago, many of the skills developed by the paralegal were done via on-the-job training. While learning skills on-the-job still occurs, paralegals are often expected to enter the profession with a certain degree of developed skills. Currently, paralegals perform many functions that attorneys often perform. The functions expected and skills required of paralegals are likely to continue expanding. At the conclusion of this chapter, the student will be able to:
Explain and describe the functions of a paralegal and delineate the skills necessary to perform those functions.
B. Instructional Ideas
Have a practicing paralegal speak to the class about a typical day at the law office.
Assign students to shadow a paralegal during the course of a typical day.
Conduct a mini-mock client interview for the purpose of obtaining client intake data.
C. Lecture and Class Discussion Outline
Paralegal Tasks and Functions
Conducting interviews
Clients
Lay Witnesses
Expert Witnesses
Who, What, When, Where, and How
Conducting investigations
Photographs
Documents and records
Locating people, places, and things
Legal writing
Correspondence
Factual summaries
Legal memoranda
Pleadings, discovery, and motions
Court briefs
Legal research
Case law
Statutory law
Administrative rules and regulation
Court rules
Administrative skills
Review, analysis, summarizing, and indexing documents and records
Assisting in preparation of witnesses and clients for trial
Docket management by maintaining calendar and ticker systems
Performing office administration functions
Paralegal Skills
Resourcefulness—The ability to find creative solutions to problems
Commitment—The ability to stick with a task until it is completed.
Analytical skills—The ability to develop and follow a logically sequenced process to solve a problem or to reach a conclusion.
Interpersonal skills—The ability to work well with others, being a team player.
Communication skills—The ability to effectively express a fact, idea, concept, or impression in oral or written words.
Cultural sensitivity—The ability to recognize the reasons for differences among people based on religious backgrounds, ethnicity, and social belief systems.
D. Internet Resources
Fee based legal research sites
www.westlaw.com
www.lexisnexis.com
www.loislaw.com
www.versuslaw.com
Free legal research sites
www.lexisone.com
www.findlaw.com
www.hg.org
www.alllaw.com
www.lawguru.com
www.thelawengine.com
www.lawcrawler.com
Web sites for locating persons or corporations
People, Addresses, Phone Numbers,
E-mail Addresses, Yellow Pages, and Businesses
www.people.yahoo.com
www.databaseamerica.com
www.infospace.com
www.switchboard.com
Business Phone/Address Listings
www.bigfoot.com
Yellow Pages
www.bigyellow.com
E. Suggested Answers
Questions for Critical Legal Thinking and Writing
So as to not create the wrong impression that one is an attorney and is thereby able to give legal advice or make legal recommendations.
So as to be effective when engaged in the paralegal tasks of interviewing and writing.
Identify and cite specific instances when obstacles have been overcome to complete a task.
With a client one might desire to dress in professional business attire so as to convey the image of competency and professionalism, whereas with a witness one might dress a bit more casual so as to not intimidate.
Ethics Questions for Analysis and Discussion
So as to not create the wrong impression that one is an attorney and is thereby able to give legal advice or make legal recommendations.
Yes, so long as the opinion is in no way related to legal matters.
Through the misperception of the client’s goals.
Cases for Discussion
Based on the experience, knowledge, and skill the task requires.
Not necessarily, since the focus is on the skill the function requires, not the skill of the individual performing the function.
No, again the focus is on function rather than form.
Case for Briefing
Through the language diversity present within the United States.
The paralegal must exercise the highest degree of care in ensuring that the information communicated to the client is understood accurately.
The attorney’s relationship with the client is a fiduciary relationship, and thereby possesses a greater duty than that of a manufacturer to a consumer.
Yes.
F. Feedback
True/False—If the entire statement is true, circle T. If any part of the statement is false, circle F.
1. *T F One of the goals of legal investigation is to obtain facts.
2. *T F Investigation and interviewing are closely related.
3. *T F The purpose of investigation is to identify, locate, obtain, and preserve facts.
4. *T F The initial client interview should identify legal problems and obtain as much factual information on the problems as possible.
5. T F* It is not important to explain the role and status of the paralegal at the beginning of an interview.
6. *T F The paralegal must be alert to the danger of giving legal advice during an interview.
7. *T F The interviewer has the responsibility of building a relationship of trust with the client.
8. *T F When questioning a client the interviewer should be ready to deal with client discomfort in a flexible way.
9. T F* Interpretation of nonverbal forms of communication is of little importance in the interviewing process.
10. T F* Seating arrangement and office appearance has no effect on the success of the interview.
