Re-Posted from an article published by Paralegal Junction

Introduction

Everything in civil litigation has a timeline or deadline…EVERYTHING.  If a deadline is not mandated by a statute or code, then it is mandated by an internal deadline.  Simply put, meeting deadlines is a daily regimen for a paralegal.   Without applying a deadline to every task, there is a high probability that the task will be overlooked or the matter unnecessarily delayed.  Because of this, docket control and calendaring is a critical element of an efficient case management system.  Additionally, the most common cause of legal malpractice is a missed statute of limitations, government claim, or other significant finality deadline.  Docket control is so important that some malpractice insurance carriers require that a law firm have an approved docket, calendar, and case management system as a condition of insurance.

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By Barbara Hass, ACP/CAS

Products liability cases refer to the liability of manufacturers, distributors, and retailers of a product that proximately caused the injuries and damages to a plaintiff by the use of that product.  The initial investigation in a products case can be a decisive factor in whether the attorney can prove liability.  The failure to investigate all aspects of a products case immediately can result in the destruction of important evidence.  Products liability is an area of law that typically requires expert witnesses from the onset of a matter, and a great deal of research on the part of the attorney and paralegal.  Expert witnesses are generally needed to test, inspect, measure, or photograph the product to determine the cause of the failure of the product.   Early detection of causation is critical in properly evaluating the case.   Do not expect the manufacturer, distributor, or retailer to provide any help in the investigation.  Products liability cases are intensely defended.

Republished from the Paralegal Junction

By Barbara Hass, ACP/CAS

Most law firms have a procedure to follow concerning legal inquiries from a potential new client. Even with a solo to small law firm, the attorney is most likely not going to answer the incoming calls to obtain the general information surrounding a potential new client’s legal inquiry. The legal support staff will typically be responsible for obtaining the basic facts for the attorney. There are ethical guidelines to follow when speaking with a potential new client. These guidelines include, but are not limited to:

1.  A paralegal has a duty during any professional contact to clarify that the paralegal is not an attorney. When a potential new client calls, a non-attorney should always begin the conversation by introducing themselves and their job capacity. You never want a caller to think that you are an attorney. [National Association of Legal Assistants, Model Standards and Guidelines for Utilization of Paralegals, Guideline 1]

By Barbara Haubrich-Hass, ACP/CAS

I recently had a conversation with an attorney concerning speakerphone etiquette. This attorney answers his incoming calls on his speakerphone. He asked me why I always ask him to be taken off the speakerphone when I call. I told the attorney that it is inappropriate to answer incoming calls on the speakerphone because the caller does not know that the call is being answered on a speaker. Below are some guidelines that you could implement in the appropriate use of speakerphones.

By Barbara Haubrich-Hass, ACP/CAS

I was recently faced with a litigation situation where an individual from another country travelled to California, rented a vehicle from a rental car company, was involved in an automobile collision with the rental vehicle, and then returned to his country.

My attorney filed a Complaint for personal injuries and damages against the owner of the vehicle (the rental company) and the driver (an out of country defendant).   To make matters more difficult, the last known address for the out of country driver was no longer valid.  I was not looking forward to locating an out of country defendant and then following the Hague Convention to serve this individual with the Summons and Complaint.   [The California Litigator covered the subject of Service of Process in a Foreign Country on November 29, 2011 written by paralegal Justin Madding.]