| Introduction |
|
1 | (1) |
| About This Book |
|
2 | (1) |
| Foolish Assumptions |
|
2 | (1) |
| Icons Used in This Book |
|
3 | (1) |
| Where to Go from Here |
|
4 | (1) |
|
PART 1 A SNAPSHOT OF THE EXCITING AND LUCRATIVE PARALEGAL PROFESSION |
|
|
5 | (32) |
|
Chapter 1 Discovering the Paralegal Profession |
|
|
1 | (18) |
|
Almost a Lawyer: What a Paralegal Does |
|
|
7 | (4) |
|
Researching and analyzing the law |
|
|
8 | (1) |
|
Playing Sherlock: Interviewing and investigating |
|
|
8 | (1) |
|
|
|
9 | (1) |
|
Administrating the legal environment |
|
|
9 | (2) |
|
On the Job: Where Paralegals Work |
|
|
11 | (2) |
|
The six-figure paralegal: Working for the big firm |
|
|
11 | (1) |
|
Jack- or Jill-of-all-trades: Working for the small firm |
|
|
12 | (1) |
|
Spreading the love: The pro bono paralegal |
|
|
12 | (1) |
|
Working for the government |
|
|
12 | (1) |
|
Doing it your way: The paralegal as independent contractor |
|
|
13 | (1) |
|
What It Takes: The Skills, Knowledge, and Training You Need |
|
|
13 | (6) |
|
The paralegal personality |
|
|
14 | (1) |
|
|
|
15 | (1) |
|
Education and experience: Two ways to train |
|
|
16 | (3) |
|
Chapter 2 Membership Has Its Privileges: Paralegal Associations and Their Certification Exams |
|
|
19 | (6) |
|
|
|
19 | (3) |
|
Characterizing the types of associations |
|
|
20 | (1) |
|
Weighing in on whether or not to join an association |
|
|
21 | (1) |
|
Deciding Whether to Get Certified |
|
|
22 | (3) |
|
Choosing a certification exam |
|
|
22 | (2) |
|
Weighing the pros and cons of paralegal certification |
|
|
24 | (1) |
|
Chapter 3 The Hunt Is On: Securing a Paralegal Position |
|
|
25 | (12) |
|
|
|
25 | (3) |
|
Traditional sources: Scanning the job boards and turning to placement services |
|
|
26 | (1) |
|
Networking: Ifs who you know |
|
|
27 | (1) |
|
Creating the Documentation |
|
|
28 | (6) |
|
|
|
28 | (2) |
|
|
|
30 | (3) |
|
Developing an online profile |
|
|
33 | (1) |
|
Setting Up Shop: Starting a Freelance Paralegal Business |
|
|
34 | (3) |
|
PART 2 IMPORTANT LEGAL CONCEPTS EVERY PARALEGAL SHOULD KNOW |
|
|
37 | (106) |
|
Chapter 4 "All Rise": The American Judicial System |
|
|
39 | (18) |
|
Everything Old Is New Again: The Importance of Legal Precedence |
|
|
40 | (2) |
|
Checks and Balances: Branches of U.S. Government |
|
|
42 | (4) |
|
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) |
|
|
|
50 | (3) |
|
|
|
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) |
|
Chapter 5 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) |
|
|
|
69 | (7) |
|
Sealing and unsealing the deal: Contract law |
|
|
76 | (3) |
|
Chapter 6 Taking a Case to Trial: The Litigation Process |
|
|
79 | (22) |
|
Constructing the Criminal Case |
|
|
79 | (10) |
|
|
|
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) |
|
Paralegal Career For Dummies Carrying Through a Civil Case |
|
|
89 | (12) |
|
Initiating the civil process |
|
|
90 | (4) |
|
Proceeding through pre-trial tasks |
|
|
94 | (3) |
|
Traveling through the trial |
|
|
97 | (1) |
|
Plodding along in the post-trial |
|
|
98 | (3) |
|
Chapter 7 How It's Done: Important Rules of Civil Procedure and Evidence |
|
|
101 | (16) |
|
Distinguishing Between Procedural Law and Substantive Law |
|
|
102 | (1) |
|
Following the Federal Rules of Civil Procedure |
|
|
102 | (9) |
|
Beginning an action: Rule 3 |
|
|
103 | (1) |
|
|
|
104 | (1) |
|
Figuring out time limits: Rule 6 |
|
|
105 | (1) |
|
Drafting pleadings: Rules 8, 11, and 12 |
|
|
105 | (2) |
|
Uncovering the facts: Rules 26, 27, 30, 33, 36, and 37 |
|
|
107 | (3) |
|
Requesting a summary judgment: Rule 56 |
|
|
110 | (1) |
|
Sticking to State Procedural Rules |
|
|
111 | (1) |
|
Figuring Out Federal Rules of Evidence |
|
|
111 | (6) |
|
The main event: General provisions |
|
|
112 | (1) |
|
|
|
113 | (1) |
|
Something special: Privilege |
|
|
113 | (1) |
|
All there?: Competency to testify |
|
|
114 | (1) |
|
Thinking logically: Reasonableness of opinion |
|
|
115 | (1) |
|
The telephone game: Hearsay |
|
|
115 | (1) |
|
The real deal: Authenticity and originality |
|
|
116 | (1) |
|
Chapter 8 Because I Said So: The Categories of Legal Authority |
|
|
117 | (8) |
|
Deja Vu All Over Again: Review of Stare Decisis |
|
|
118 | (1) |
|
Who's the Boss? The Premises of Primary and Secondary Authority |
|
|
119 | (2) |
|
First chair: Primary authority |
|
|
120 | (1) |
|
Second fiddle: Secondary authority |
|
|
121 | (1) |
|
Applying the Law: Mandatory and Persuasive Authority |
|
|
121 | (3) |
|
Counting on cases and statues: Mandatory authority |
|
|
121 | (2) |
|
Getting creative with sources: Persuasive authority |
|
|
123 | (1) |
|
Helpful But You Can't Rely On It: Nonauthority |
|
|
124 | (1) |
|
Chapter 9 The Substantive Law Areas Most Commonly Practiced by Paralegals |
|
|
125 | (18) |
|
Facing the Family: Domestic Law and Estate Planning |
|
|
125 | (5) |
|
Settling the family affair: Domestic law |
|
|
126 | (1) |
|
Looking to the future: Estate planning |
|
|
127 | (3) |
|
Building the Boom and Blanketing the Bust: Business and Bankruptcy Law |
|
|
130 | (3) |
|
Keeping up with capitalism: Business law |
|
|
131 | (1) |
|
Providing debt relief: Bankruptcy law |
|
|
132 | (1) |
|
Compensating for Pain and Suffering: Personal Injury and Medical Malpractice |
|
|
133 | (4) |
|
Placing the blame: Personal injury law |
|
|
134 | (1) |
|
Questioning the bedside manner: Medical malpractice |
|
|
135 | (2) |
|
Getting It in Writing: Entertainment and Real Estate Law |
|
|
137 | (2) |
|
All that glitters: Entertainment law |
|
|
137 | (1) |
|
Preserving the American dream: Real estate law |
|
|
138 | (1) |
|
Protecting Assets: Tax and Intellectual Property Law |
|
|
139 | (4) |
|
Dealing with the IRS: Tax law |
|
|
140 | (1) |
|
Clarifying the rightful owner: Intellectual property law |
|
|
141 | (2) |
|
PART 3 PUTTING IT INTO PRACTICE: THE PARALEGAL IN THE CIVIL LITIGATION PROCESS |
|
|
143 | (102) |
|
Chapter 10 The Paper Chase: Preparing Documents |
|
|
145 | (30) |
|
Communicating in Writing: Types of Legal Documents |
|
|
145 | (8) |
|
Getting started: Preliminary documents |
|
|
146 | (7) |
|
Taking it to the judge: Trial and post-trial documents |
|
|
153 | (1) |
|
Making the Case: Effective Document Drafting |
|
|
153 | (22) |
|
Commanding attention: Format of a demand letter |
|
|
154 | (2) |
|
Making your case: The complaint |
|
|
156 | (4) |
|
Striking back: The answer |
|
|
160 | (2) |
|
Presenting a formal analysis: The memorandum of law |
|
|
162 | (6) |
|
Exerting your will: Motions |
|
|
168 | (2) |
|
Playing detective: Disclosure and discovery |
|
|
170 | (3) |
|
|
|
173 | (2) |
|
Chapter 11 Elementary My Dear Watson: Legal Investigation |
|
|
175 | (12) |
|
Searching for Clues: Gathering Evidence |
|
|
176 | (7) |
|
What are you trying to prove? Spotting issues |
|
|
177 | (1) |
|
What order will you follow? Creating checklists |
|
|
177 | (2) |
|
Who are you going to call? Sources of information |
|
|
179 | (4) |
|
Keeping Track: Identifying and Protecting Evidence |
|
|
183 | (1) |
|
Leaving your mark: Identifying evidence |
|
|
184 | (1) |
|
On guard: Protecting evidence |
|
|
184 | (1) |
|
Keeping Order: Organizing the Evidence |
|
|
184 | (3) |
|
Setting a time frame: Chronological organization |
|
|
185 | (1) |
|
Getting the story straight: Organization by versions |
|
|
185 | (1) |
|
Noting discrepancies: Organization by inconsistencies |
|
|
185 | (2) |
|
Chapter 12 Chewing the Fat: Legal Interviewing |
|
|
187 | (12) |
|
Gauging Whether the Case Is Valid: Initial Client Interviews |
|
|
187 | (8) |
|
|
|
188 | (1) |
|
|
|
189 | (5) |
|
Ending the initial interview |
|
|
194 | (1) |
|
Completing the Story: Witness Interviews |
|
|
195 | (2) |
|
Preparing Clients and Witnesses for Testimony |
|
|
197 | (2) |
|
Chapter 13 Burning the Midnight Oil: Legal Research |
|
|
199 | (18) |
|
Conducting Legal Research |
|
|
200 | (3) |
|
Searching for applicable law in four easy steps |
|
|
200 | (2) |
|
Reining in the research process |
|
|
202 | (1) |
|
Relying On Tools of the Trade |
|
|
203 | (9) |
|
Establishing a foundation with legal encyclopedias |
|
|
204 | (1) |
|
Analyzing topics with American Law Reports |
|
|
205 | (1) |
|
|
|
206 | (2) |
|
Rummaging through reporters |
|
|
208 | (1) |
|
Keeping current with case citators |
|
|
208 | (3) |
|
Opting for other resources |
|
|
211 | (1) |
|
Getting Technological: Computerized Legal Research |
|
|
212 | (2) |
|
|
|
212 | (1) |
|
|
|
212 | (1) |
|
|
|
213 | (1) |
|
|
|
213 | (1) |
|
Citing Cases Properly: Citation Format |
|
|
214 | (3) |
|
|
|
215 | (1) |
|
|
|
215 | (2) |
|
Chapter 14 Where the Rubber Hits the Road: Trial Performance |
|
|
217 | (14) |
|
Creating the Ultimate Source of Information: The Trial Notebook |
|
|
217 | (4) |
|
Selecting the Jury: The Paralegal and Voir Dire |
|
|
221 | (3) |
|
Rebelling without a cause: Peremptory challenges |
|
|
223 | (1) |
|
Making a good excuse: Challenges for cause |
|
|
224 | (1) |
|
Dismissing the kit and caboodle: Challenges to the array |
|
|
224 | (1) |
|
|
|
224 | (2) |
|
Keeping Track of Witnesses |
|
|
226 | (1) |
|
Weighing Testimony: The Paralegal's Take on the Jury's Reaction |
|
|
227 | (1) |
|
Preparing Questions for the Attorney |
|
|
228 | (1) |
|
Settling Up: Preparing the Cost Bill |
|
|
229 | (1) |
|
Blood from a Turnip: Collecting a Difficult Judgment |
|
|
229 | (2) |
|
Chapter 15 The Official Word: Ethical Codes for Legal Professionals |
|
|
231 | (14) |
|
Doing Whaf's Right: The Importance of Ethics |
|
|
232 | (3) |
|
Defining ethics in the field of law |
|
|
232 | (1) |
|
Going too far: The unauthorized practice of law |
|
|
233 | (1) |
|
Following the chain of responsibility |
|
|
234 | (1) |
|
Abiding by the Rules of Professional Conduct |
|
|
235 | (5) |
|
Preserving the client-lawyer relationship |
|
|
236 | (2) |
|
Dealing with others in and out of the law office |
|
|
238 | (2) |
|
Maintaining the integrity of the profession |
|
|
240 | (1) |
|
Sorting through the Codes of Paralegal Associations |
|
|
240 | (5) |
|
Applying the standards of the National Association of Legal Assistants |
|
|
241 | (1) |
|
Knowing the National Federation of Paralegal Associations code |
|
|
242 | (1) |
|
Cracking the codes of other organizations |
|
|
243 | (2) |
|
PART 4 IDENTIFYING THE SKILLS PARALEGALS NEED TO SOAR |
|
|
245 | (54) |
|
Chapter 16 Presenting a Clear, Concise Legal Writing Style |
|
|
247 | (28) |
|
|
|
248 | (1) |
|
|
|
248 | (1) |
|
|
|
249 | (1) |
|
Grammar: Grasping the Foundation of an Effective Writing Style |
|
|
249 | (8) |
|
Identifying the eight parts of speech |
|
|
249 | (5) |
|
Recognizing the elements of a sentence |
|
|
254 | (3) |
|
Sentence Structure: Positioning the Sentence's Elements |
|
|
257 | (3) |
|
|
|
257 | (2) |
|
|
|
259 | (1) |
|
|
|
259 | (1) |
|
Employing parallel structure |
|
|
260 | (1) |
|
Punctuation and Mechanics: Mastering the Rules |
|
|
260 | (11) |
|
Rules for proper punctuation |
|
|
260 | (5) |
|
|
|
265 | (6) |
|
Organization: Structuring the Finished Product |
|
|
271 | (2) |
|
|
|
271 | (1) |
|
|
|
272 | (1) |
|
|
|
272 | (1) |
|
Proofreading: Polishing the Finished Product |
|
|
273 | (1) |
|
|
|
274 | (1) |
|
Chapter 17 Using Technology in Law |
|
|
275 | (12) |
|
Operating Computer Hardware and Networks in the Law Office |
|
|
276 | (1) |
|
Getting Savvy on Software Applications for the Law Office |
|
|
277 | (4) |
|
Sticking with standard office software |
|
|
277 | (3) |
|
Navigating special software for law firms |
|
|
280 | (1) |
|
Surfing the Net: Online Resources for Legal Professionals |
|
|
281 | (2) |
|
|
|
281 | (2) |
|
|
|
283 | (1) |
|
Carting Computers into the Courtroom |
|
|
283 | (4) |
|
Cutting the cords: Wireless technology |
|
|
284 | (1) |
|
Recognizing the downside of technology |
|
|
284 | (3) |
|
Chapter 18 Law Office Management 101 |
|
|
287 | (12) |
|
Buying Time: Management Systems |
|
|
287 | (7) |
|
Marking the days: The calendar system |
|
|
288 | (2) |
|
Setting the alarm: The tickler system |
|
|
290 | (2) |
|
Getting it in writing: The to-do list |
|
|
292 | (2) |
|
Keeping Account: Billing Systems |
|
|
294 | (2) |
|
|
|
294 | (1) |
|
|
|
295 | (1) |
|
A Place for Everything: File Management |
|
|
296 | (3) |
|
Maintaining a filing system |
|
|
296 | (1) |
|
Organizing documents in a file folder |
|
|
296 | (1) |
|
|
|
297 | (2) |
|
|
|
299 | (14) |
|
Chapter 19 The Ten Most Important Rules of Ethics |
|
|
301 | (4) |
|
Avoiding the Unauthorized Practice of Law |
|
|
301 | (1) |
|
Maintaining Client Confidentiality |
|
|
302 | (1) |
|
Disclosing Your Paralegal Status |
|
|
302 | (1) |
|
Reporting Ethics Violations of Other Legal Professionals |
|
|
302 | (1) |
|
Disclosing Information to Prevent Death or Serious Bodily Harm |
|
|
302 | (1) |
|
Sharing Information with Your Supervising Attorney |
|
|
303 | (1) |
|
Avoiding Conflicts of Interest |
|
|
303 | (1) |
|
Obeying All Applicable Attorneys' Ethics Rules |
|
|
303 | (1) |
|
Giving Something to the Community: Pro Bono Services |
|
|
304 | (1) |
|
Making Your Voice Heard: Supporting Efforts to Improve the Legal System |
|
|
304 | (1) |
|
Chapter 20 Ten Things Every Paralegal Should Know |
|
|
305 | (4) |
|
|
|
305 | (1) |
|
|
|
306 | (1) |
|
How to Communicate Effectively |
|
|
306 | (1) |
|
The Value of Being Organized |
|
|
306 | (1) |
|
|
|
307 | (1) |
|
|
|
307 | (1) |
|
|
|
307 | (1) |
|
The Rules of Professional Responsibility |
|
|
308 | (1) |
|
How to Draft Fundamental Legal Documents |
|
|
308 | (1) |
|
How to Weigh the Value of Paralegal Organizations |
|
|
308 | (1) |
|
Chapter 21 Ten Survival Tips to Thrive in the Legal Environment |
|
|
309 | (4) |
|
|
|
309 | (1) |
|
Keep a Good Legal Dictionary Nearby |
|
|
310 | (1) |
|
Maintain the Integrity of Your Profession |
|
|
310 | (1) |
|
Be Polite and Patient with Court Clerks |
|
|
310 | (1) |
|
Take a Mind Reading Course |
|
|
310 | (1) |
|
|
|
311 | (1) |
|
Refrain from Badmouthing Other Paralegals and Attorneys |
|
|
311 | (1) |
|
Never Act as though You're Irreplaceable |
|
|
311 | (1) |
|
Don't Count on a Normal Work Schedule |
|
|
312 | (1) |
|
Resist the Urge to Gossip about Clients |
|
|
312 | (1) |
|
|
|
313 | (2) |
| Appendix A Glossary of Important Legal Terms: A Mini Legal Dictionary |
|
315 | (22) |
| Appendix B What You'll Find Online |
|
337 | (8) |
| Index |
|
345 | |
