Expert answer:Paralegal – Written Assignment
Expert answer:You will find in the upload below a format of an intake memo to your supervising attorney on page 27. Please use it to create your assignment. Also, make sure you actually make a list of questions you would ask Mike. You can do it on a separate page apart from your memorandum, or you can incorporate it into your memorandum. Make sure you don’t forget to list them, because they are worth 15 points. DO NOT ANSWER YOUR QUESTIONS.Mike Martin is driving a 2010 Volvo north on Interstate 55 in your state. He slows down to avoid some debris on the roadway and is rear-ended by Jennie Armstrong who is traveling at 80 miles per hour. His car is totaled; he suffered from facial cuts and a broken right arm, and lost time from his job as a nurse.Mike is coming into your office to be interviewed by you. What are some of the questions that you would ask Mike? Summarize your interview into a memorandum that you would be giving to your attorney. Your response should be a minimum of one (1) page.
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Chapter 2 HUMAN RELATIONS AND INTERVIEWING
TECHNIQUES
•
If you aren’t fired with enthusiasm, you will be fired with enthusiasm.
—Vince Lombardi
Now combined with the Communications section of the CLA/CP examination, human
relations encompass professional contacts with employers, clients, and other office visitors;
co-workers and subordinates; and persons outside the law office. For this reason, the legal
assistant should be familiar with unauthorized practice of law prohibitions, ethics rules,
practice rules, delegation of authority, consequences of delegation, and confidentiality.
®
The interviewing techniques portion of the examination section covers basic interviewing
procedures, as agreed upon by most authors on the subject; definitions of terms and basic
principles; and handling of specialized interviews. Subject areas included in this portion are
as follows:
• General considerations for the interview situation: courtesy, empathy, physical setting, and body
language
• • Initial roadblocks: lapse of time, prejudice, and so forth
• • Form and manner of questions
• • Use of checklists for specific matters
• • Situations involving the very young, the elderly and other persons who may require special
handling.
Both initial and subsequent interviews are covered, as are interviews involving clients and
other witnesses.
•
Human Relations
Human relations involve a wide range of associations between individuals, both positive and
negative. Legal assistants must deal with all types of people in all types of situations, which
demands superior human relations skills. The successful legal assistant is one who (1) has
mastered the technical skills of his craft and (2) can relate to and work well with people from all
walks of life.
Human relations skills are measured by the legal assistant’s ability to deal with others in a
positive way. Those who possess this ability have several things in common: They genuinely like
themselves, like what they are doing, and like people in general. They are interested in the wellbeing of others; they are compassionate without gushing. They practice courtesy and common
sense in their professional relationships.
The successful legal assistant is the one who observes ethics rules and office policies
enthusiastically, who can be firm without being overly aggressive, and who is flexible enough to
compromise or to try new approaches when situations warrant them. He strives to be a team
player in relation to his employer and co-workers. He always is courteous in contacts with
persons outside the office, realizing that he is an emissary for his employer. He protects client
confidences and willingly assumes additional responsibilities connected with his position. He
respects the contributions of others on the legal services team (lawyers, legal secretaries, law
clerks, and messengers) and does not view himself as the most important contributor. A sincere
interest in others, and the ability to generate empathetic understanding from them, are key
ingredients in building the trust and confidence which engender positive human relations.
Contacts Outside the Office
The legal assistant frequently comes into contact with individuals outside the office in person, by
letter, or by telephone as part of her responsibilities. These situations provide opportunities to
foster long-term relationships based upon honesty, mutual respect, and professional cooperation.
The legal assistant should strive to be congenial without being too familiar.
When requests are made of others, provide sufficient lead time for them to comply. No one
likes to be pushed with last-minute requests for information. When little lead time is possible,
however, the clerk, court reporter, or other person is more likely to comply with a rush request
when it is the exception rather than the rule. Convey appropriate thanks for a job well done.
Better still, express appreciation to the person’s immediate supervisor or employer.
From time to time, every lawyer and legal assistant encounters a public official who is
uncooperative or difficult in general (a court clerk, for example). Rather than further alienate
such a person by demanding that he do his job, the experienced lawyer or legal assistant strives
to gain his support. Ask how he prefers to have documents submitted or what is the best way to
go about a certain task, even if you already know. Thank him for his time and for his help.
Acknowledge him in the courthouse hall. Ask about his family and take the time to remember his
wife’s name if you happen to know it. It may take several months, but even the most surly court
clerk can be converted to an ally over time. Having an ally in a position such as this can be an
invaluable asset.
When the legal assistant must contact a legal assistant, attorney, or other person aligned with
the opposing party, she should avoid power games or tricks of one-upmanship. In the long run,
these tactics are counterproductive and can result in retaliatory actions which cause additional
harm or expense to this client or to a future one. When power tactics are used by the opposing
side, the best advice is to sidestep and ignore them as much as possible without harm to the
client—as difficult as this is to do at times. Power games are a ploy of insecure people, and
nothing is more frustrating to an insecure person than to be ignored.
Office Politics
The only way to avoid office politics is not to work in an office. Office politics exist wherever
there are two or more people working together in an office setting. Although office politics often
carry a negative connotation, they provide the vehicle for beneficial changes as well.
When a legal assistant is new to any law office, he is wise to form no firm alliances until he has
had time to assess the “lay of the land” by determining where the power centers are. The power
centers may or may not correspond with the firm’s official hierarchy. For instance, if the senior
partner’s legal secretary carries great influence with the senior partner, the legal secretary (rather
than the senior partner) may be a power center. An assistant to the administrator (rather than the
administrator) may be the true power center in allocating assignments and general workloads. By
the same token, an alliance formed too soon may be difficult to overcome.
•
Bill is a new legal assistant at Samson & Woodward and knows no one except Jane Mitchell, the
attorney who hired him. Another legal assistant in the firm, Betsy Barnes, invites Bill to join her
for lunch on his first day. He accepts and also accepts two other invitations later in the same
week. After about a month, Bill discovers that Betsy is regarded by nearly everyone in the firm as
a gossip and a general troublemaker.
Bill may have difficulty extricating himself from the perceived alliance with Betsy, which can
create unnecessary obstacles for a person without a proven track record of his own.
Knowledge of the political structure of a particular law office is necessary to effect change
when change is either necessary or desirable. (See Chapter 4 on judgment.)
Although office politics certainly have a role in developing and maintaining rapport within the
law office, one seldom can go wrong by being a courteous, cooperative, and competent member
of the legal services team.
Personal Recognition
Everyone needs recognition for his or her contributions. This may come as part of a formal
evaluation process, by informal evaluation, or through feedback from the supervising attorney on
a specific project.
The first step in receiving recognition for a job well done is to do a good job, no matter how
menial or insignificant that job may seem. As a general rule, one who can do a superior job of
photocopying and marking voluminous exhibits will be given more challenging tasks in the
natural scheme of things. If that does not happen within a reasonable time and if the legal
assistant is certain that past and current tasks have been performed well and on time, she can ask
to assist with a specific project which she knows is pending. Alternately, she might try her hand
at drafting interrogatories or answers to interrogatories based upon information already in the file
and then take the draft to the attorney for review. Most lawyers recognize the value of a selfmotivated individual and, if the drafting job is done reasonably well, are quite willing to delegate
other tasks to such a person.
The legal assistant should keep track of major projects that he has completed and should
review those prior to formal, scheduled performance evaluations. An appointment diary or
calendar can be used for this purpose. Unless the project is recorded, it may be forgotten or
overlooked—especially if it was completed early in the evaluation period.
If formal evaluations are not performed regularly (which may be true in a very small law
office), the legal assistant can visit informally with the supervising attorney concerning job
performance and future goals. The exact approach may vary from one attorney to another, but
most are willing to discuss these matters if the legal assistant asks to talk about them and
specifically schedules a time to do so. Try to select a time that is likely to be more quiet than
other times—if there is such a thing—based upon the lawyer’s usual court and appointment
schedules. Although it is a good idea to ask for the lawyer’s advice or input concerning increased
responsibilities, the legal assistant must have specific goals in mind as well. The attorney’s needs
and the legal assistant’s goals generally can be combined in a way that benefits both of them.
One of the best ways to receive deserved recognition is to give recognition when and where it
is due. The person who is willing to share the limelight often finds it is reciprocated by others.
Do not overlook legal secretaries and other key support staff members. Mutual respect, support,
and goodwill between a legal assistant and a legal secretary can be invaluable in the success of
future projects.
A thorough analysis of all aspects of human relations skills required of legal assistants is
beyond the scope of this Review Manual. The CLA applicant will be well served, however, by
reviewing the materials from other chapters as they relate to ethics, judgment, and
communications and by reviewing the human relations perspectives of the interviewing materials
discussed immediately below.
Interviewing
Legal interviewing involves the exchange of information between individuals, the objective of
which is to elicit relevant facts based on personal knowledge, leads to other witnesses who may
possess relevant facts, and corroboration of facts.
Interviews typically are conducted either in person or by telephone. The interviewer controls
the process, assisted by checklists to facilitate collection of information and to keep the dialogue
focused. A question-and-answer approach is used to obtain maximum details from the person
interviewed, to separate facts from beliefs, and to provide clues to other sources that can be used
to corroborate the facts supplied by the client or by the witness.
Although checklists and forms can expedite the interview, no two legal interviews are exactly
the same. Throughout the interview process, the interviewer must be sensitive and responsive to
the reactions, attitude, and emotions of the client or the witness. This frequently puts the
interviewer’s best human relations skills to the test.
The interview process requires preparation and flexibility from the interviewer. The facts and
information obtained during the interview are collected and summarized in a memorandum or
witness statement, which is essential in the lawyer’s legal analysis of the case.
Types of Interviews
As a general rule, an interview is conducted with either a client or a non-client witness and may
be conducted either in person or by telephone. Each situation presents different considerations
and requires different techniques for interview management, although common themes do
emerge.
Client Interviews The client usually is the lawyer’s first source of information, and the initial
client interview should be conducted in person if at all possible. Because one interview may not
provide the depth of information needed, subsequent interviews—either in person or by
telephone—may be required before the attorney can complete a full analysis of the facts and
legal issues of a particular case.
The details of ascertainable facts must be complete, their accuracy must be verified, and
resulting inconsistencies must be reported to the attorney. Probing the factual details of sensitive
matters requires tact and diplomacy. An intense, confrontational interrogation is certain to
escalate the client’s discomfort. Depending on the sensitivity of the client and the subject matter,
an interviewer can damage the attorney-client relationship irreparably. Should this occur, the fact
that the interviewer obtained a complete factual account is of little value.
The lawyer or legal assistant should explain the investigative process to the client as well as
how each step lays the foundation for the next. The client needs to know that the legal assistant
will interview others to corroborate the client’s facts and to obtain additional facts. Not
explaining the importance of corroborating evidence can strain the attorney-client relationship. If
a client does not understand the process, she may infer that other people are being interviewed
because the lawyer or the legal assistant did not believe her.
Witness Interviews In addition to the corroboration provided through documentary evidence
(reports, contracts, leases, invoices, and so forth), personal interviews of witnesses often are used
to verify factual details and to corroborate the client’s allegations. A witness can be anyone with
personal knowledge of facts related to the case. Witnesses generally are classified according to
their relationship to the client or to matters involved in the client’s case.
A. The Neutral Witness The neutral witness is one who has personal knowledge of facts
relevant to the case but who has no relationship with either the client or the opposing party.
Neutral witnesses with favorable facts are the most desirable, of course. Neutral witnesses might
include a disinterested bystander to an assault or a driver who witnessed an accident while she
was stopped nearby.
B. The Friendly Witness This witness generally shares the same perspective, business
interests, or career as that of the client. He may be a social acquaintance of the client. The
friendly witness often is willing to speak freely but may offer a slightly different perspective than
the client. This witness, however, generally corroborates the client’s claims; and his statement is
used for comparison with statements made by the opposing party’s witnesses.
C. The Official Witness A person is an official witness because of employment or because
of a position held through election or affiliation with an organization. For instance, a police
officer, a tax assessor, a city planning director, and a court clerk are official witnesses. In theory,
official witnesses are impartial to both sides of a controversy. They generally provide factual
background which neither advances nor restricts either side’s legal theories in any dramatic way.
D. The Expert Witness An expert witness may be either friendly or hostile. As a practical
matter, this may be influenced—at least in part—by which party retains the expert’s services. An
expert witness should be interviewed at length to determine his depth of expertise, his
presentation skills, and his preparation abilities. An expert witness must have the ability to cope
calmly with attacks on his general credibility and on the thoroughness of his conclusions.
Examples of expert witnesses include real estate appraisers, architects, engineers, doctors, and
other individuals with substantial training and experience in a technical area.
E. The Hostile Witness A hostile witness is not necessarily one who exhibits hostility.
Rather, it is one who is unwilling to divulge information. A hostile witness may have knowledge
of facts that support either side of the case but is reluctant to volunteer the information. Thus, an
individual can be a hostile witness even though she supports the client’s position in the case.
Such a person technically is an objectively hostile witness, although the term hostile witness is
used more commonly.
As the term ordinarily is used, a hostile witness may be reluctant to provide information
because of inconvenience to herself or because of uncooperativeness in general—not because of
a personality clash between the witness and the client or between the witness and the interviewer.
Less frequently, the term hostile witness is used to describe a witness who displays personal
distaste for the client or for the interviewer. If the interviewer believes the hostility is directed
toward him (rather than toward the client) and if adjustments in the interviewer’s approach prove
ineffective, someone else should interview the witness. Acknowledging a personality conflict
early in the interview can save time and effort. Having another interviewer conclude the
interview is not a failure of the initial interviewer; rather, it indicates maturity and strength in
having recognized the incompatibility.
All interviewers encounter personal hostility from a witness on occasion. If this situation
occurs more frequently, however, the interviewer must reevaluate his interviewing style
thoroughly and thoughtfully and must make constructive changes.
Personal Interviews Personal interviews are those conducted face to face between the
interviewer and the client or the witness. The law office generally is the most conducive location
for personal interviews, because the environment is more easily controlled by the interviewer.
Client interviews, especially initial client interviews, generally are conducted in the law office;
witness interviews, however, frequently are conducted at the witness’s place of employment or
home. These types of interviews are called field interviews.
When the legal assistant or the attorney must travel to the witness to conduct a personal
interview (field interview), adapting to the witness’s environment is critical in establishing
rapport. This is where the flexibility of the interviewer pays its greatest dividends. Because the
environment is foreign to the interviewer, using a prepared outline and planning the questions to
ask create a measure of confidence that will benefit both the interviewer and the witness.
The primary advantage of a personal interview is that it facilitates more personal interaction
than a telephone interview does. The relationship of trust and confidence between the attorney
and her client is fostered by personal contact. A personal interview allows the legal assistant or
attorney to use all of her senses to evaluate the client (or the witness) and the facts related by
him. Unusual physical characteristics, body language, and physical mannerisms are important in
assessing credibility and the way in which the client or witness likely will be perceived by a jury.
None of these things can be determined in a telephone interview.
Telephone Interviews When a personal interview cannot be arranged, a telephone interview
may be the next best option. At the beginning of every telephone interview of a witness, state the
purpose of the interview and obtain permission to conduct the interview. In addition, clarify who
the parties are in the case and who it is that the law firm represents.
The legal assistant’s telephone skills are tested regularly when dealing with individuals who are
reluctant to divulge information. Making a simple inquiry such as “Can you help me?”, followed
with an explanation of what information i …
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