sflores_familylawbooklet_11102023
pdf
keyboard_arrow_up
School
Rasmussen College, Minneapolis *
*We aren’t endorsed by this school
Course
PLA2800
Subject
Law
Date
Jan 9, 2024
Type
Pages
16
Uploaded by MinisterTapir3422
What Is Family Law?
Family law is
an area of the law that deals with family matters and do-
mestic relations
Divorce
Assisted Reproductive Technology
Paternity
Adoption
Child Custody
Frozen Embryos
Child Support
Child Protective Services Cases
Domestic Violence
Parental Right Termination Legal Separation
Grandparent Rights
Annulment
Marital Property
Spousal Support
Prenuptial Agreements
Same
-
Sex Marriage
Emancipation
Relocation
Guardianship
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
What can these cases look like?
Divorce
-
the legal dissolution of a marriage by a court or other competent body. Tom and Jill have been together 10 years, but they de-
cided they should get a divorce. They have minor chil-
dren, and can
’
t agree on how custody should be shared. They both want their child during the week, and not only on weekends. They both hire lawyers to defend them in court. As the paralegal for this case you play a very important role. Like in all cases you will sup-
port your supervising attorney. Additionally you may do things like; conducting research, preparing documents, and communicating with the clients and witnesses. Child Custody
-
.
a court's determination of which par-
ent, relative or other adult should have physical and/
or legal control and responsibility for a minor.
Tom and Jills
’ divorce got finalized, but a decision has not been made about who their child will live with.
As the paralegal you will support your supervising at-
torney, and your client (Jill). You will communicate with Jill, and other people in her life to prepare a solid case demonstrating why she deserves custody of her child with Tom. Child Support–
Court ordered Payments made by the non
-
custodial parent to the custodial parent to sup-
port children. The judge granted custody to Jill, and Jills
’ Lawyer as-
sisted her filing for child support. As the paralegal you would collect supporting docu-
ments, assist the attorney calculate child support pay-
ment amount, and be the contact person to the client. It is crucial you comply with paralegal codes of con-
duct, and refrain from giving legal advice. Prenuptial Agreements–
Agreement made by couple before marrying, concerning ownership of assets should the marriage fail. Jill decides to re
-
marry, and decides she want to pro-
tect herself from losing assets if things don
’
t work out. She re
-
hires her attorney for this process. As the paralegal, you will assist your supervising at-
torney by gathering financial documents, drafting cor-
respondences, and meeting with both parties to go over agreement.
As a Paralegal, What are my duties?
Conduct Legal Research
Attend Trial
Interview Clients
Draft Legal Memorandums, and trial briefs
Assist in trial preparation
Prepare Child Support Calculations
Draft Correspondence
Draft Pleadings
Organize case files, and documents
Maintain Files
Communicating with client and witnesses
Assist in Preparation of Discovery Coordinate with opposing council Schedule meetings and hearings Conduct Initial Assessment Answering phone calls, and get messages to at-
torney
Prepare exhibits and visuals
Keeping supervising attorney aware if new find-
ings, and changes
Collect Evidence
Other administrative tasks in legal office
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Stare decisis
"is a maxim of judicial re-
straint supported by compelling policy reasons of predictability that we
[**10]
should be reluctant to disturb long
-
standing precedent, and a rule which has been deliberately declared should not be disturbed by the same court absent urgent reasons and a clear manifestation of error."
Id.
(citation and internal quotations omitted).
Sedam v. 2JR Pizza Enters., LLC, 61 N.E.3d 1191, 1196 "
Snyder v. King et al., 958 N.E.2d 764,
Primary Authority Vs. Secondary Authority Primary Authority
-
the laws that are binding upon the courts, government, and individuals Statues
Court Rules
Case Law
Secondary Authority
-
material that is NOT the law, but that which leads you to the law or helps to explain the law. Legal
encyclopedias Treatises
.
Law Journals
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Mandatory Authority Vs. Persuasive Authority Mandatory Authority Persuasive Authority Cases, statutes, or reg-
ulations that a court must follow because they bind the court
. Cases, statutes, regula-
tions, or secondary sources that the court may follow but does not have to follow. Constitutions, statutes, legislation, and adminis-
trative rules Written opinions by lower courts or courts of other ju-
risdictions that a judge is not obligated to follow but which may help inform the judge
’
s decision
How to paralegals obtain evidence?
Court Records
Court records contain information relating to legal disputes, criminal records if any exist
Social Media If obtained legally, researching an individuals social media page can be helpful. Posts, pictures, or mes-
sages can be used to demonstrate a person's charac-
ter, behavior, or lifestyle Financial Documents Through discovery or subpoena, financial documents such as bank statements can he helpful to demon-
strate an individuals financial status Interviews
Speaking directly with the client or witnesses can give the paralegal first hand information without speculation. Public Records Public records can hold vital information, and parale-
gals may use this source when building their case
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Legal
malpractice
occurs when an attorney fails to use such skill, pru-
dence, and diligence as lawyers of ordinary skill and capacity com-
monly possess and exercise in the performance of their clients' work.
ARTICLE: ABUSIVE TAX SHELTERS, LEGAL MALPRACTICE, AND RE-
VISED FORMAL ETHICS OPINION 346: DOES REVISED 346 ENABLE THIRD PARTY INVESTORS TO RECOVER FROM TAX ATTORNEYS WHO VIOLATE ITS STANDARDS?, 61 Notre Dame L. Rev. 220, 229
It is possible for a paralegal to get sued for par-
ticipating in malpractice, although uncommon. A paralegal is entitled to work on legal cases only under direct supervision by a licensed at-
torney.
Usually, if malpractice occurs the supervising attorney is the one to be held responsible, but depending on the situation the paralegal could also be held responsible.
Make sure that your attorney
’
s reviews any legal documents or correspondences before you send it to a client, the Court, or another party.
Be sure you know and follow the Rules of Professional Conduct.
Double and triple check all deadlines that you calculate
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help