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Paralegal Interviewing & Investigation
Paralegal Interviewing & Investigation
119
Law
Post-Graduate
01/04/2012

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Term
Impute
Definition
To infer or attribute responsibility or causation.
Term
Severence
Definition
1. A severing or cutting off; in criminal law the process of bringing a particular charge out of many so that only one issue, or a few closely related ones, is before the jury at a time, while reserving the right to bring other charges later; the separating of the claims of two or more parties for any of a number of reasons; the ending of a joint tenancy.
2. The removal of something attached to real property, such as crops or minerals, so that it becomes personal property instead of a part of the land.
Term
Associate
Definition
1. A colleague, companion, partner, or fellow employee.
2.  A junior member of an association, institution, organization, profession, or society.
3.  A junior member of a law firm who typically works on salary and does not share in the ownership, profits, or decision-making of the firm.
Term
Attorney-Client Privilege
Definition
the right of a lawyer to refuse to divulge confidential information from his client.
Term
Attorney Work Product
Definition
written materials, charts, notes of conversations and investigations, and other materials directed toward preparation of a case or other legal representation. Their importance is that they cannot be required to be introduced in court or otherwise revealed to the other side. Sometimes there is a question as to whether documents were prepared by the attorney and/or the client for their use in the case preparation or are documents which are independent and legitimate evidence.
Term
Baby Lawyer
Definition
Slang term for new lawyer
Term
Billing
Definition
charges attributed to clients; this amount often is used as an evaluation tool for paralegals working in a firm that uses billable hours as its primary method of payment. The billable hours are those which were actually spent; collections (or collectible hours)are those which are actually
Term
Calendar
Definition
To record events and deadlines on the schedules of all members of the legal team working on a case
Term
Certified Legal Assistant (CLA)
Definition
A designation awarded by National Association of Legal Assistants
Term
Certified Legal Assistant Specialist (CLAS)
Definition
An individual who passed both NALA's CLA exam and a subsequent exam in a particular subject area
Term
Certified Paralegal (CP)
Definition
The newer, alternative title for the CLA
Term
Confidentiality
Definition
The duty of the lawyer and his legal team to keep all aspects of a client's case, including his identity, secret
Term
Contract Basis
Definition
Being paid on an hourly or flat fee for designated work as an independent contractor as opposed to being an employee
Term
CLA Review
Definition
Official study text for the CLA exam
Term
Defense Attorney
Definition
In a civil litigation, an attorney who ordinarily represents defendants of tort actions
Term
Discovery
Definition
Court-supported investigation
Term
Docket Control Order
Definition
A court order requiring the parties to meet interim deadlines before trial; also called a scheduling order
Term
File Clerk
Definition
and employee of a law firm whose primary task is to maintain internal filing system of the law firm
Term
Hostile Fact Witness
Definition
A person with knowledge of the facts relevant to the litigation who does not want to cooperate with a particular party or with the litigation
Term
Insurance Defense
Definition
An area of legal practice in which the Attorney is retained and paid by the defendant's insurance company
Term
Interviewing
Definition
The process of obtaining information from an individual
Term
Investigating
Definition
Finding facts about a particular matter
Term
Investigation Plan
Definition
An outline scheduling or defining facts to be learned and potential sources
Term
Law Clerk
Definition
Ordinarily a law student working in a law firm; usually with the primary duty of research; may also be used to designate an attorney working as an assistant to a judge or justice
Term
Legal Administrator
Definition
An individual responsible for the business aspects of the firm, particularly human resources; usually someone with management experience and/or training (Office Administrator)
Term
Legal Assistant
Definition
traditionally synonymous with Paralegal; currently in flux and can mean PL or Legal secretary or some other person in a legal office
Term
Legal Assistant Manager
Definition
A supervisor of Legal Assistants
Term
Legal Nurse Consultant (LNC)
Definition
A RN with legal training; is aligned more with medical than legal practice and usually meets a particular set of criteria
Term
Legal Secretary
Definition
a skilled assistant to a lawyer who performs high-level clerical and typographical tasks
Term
Litigator
Definition
An attorney involved in practice related to civil trials; usually on the defense side
Term
Malpractice Carrier
Definition
An insurance company providing a policy for professional negligence
Term
National Association of Legal Assistants (NALA)
Definition
www.NALA.org
Term
National Federation of Paralegal Associations (NFPA)
Definition
One of two major national professional paralegal organizations
Term
Nurse Paralegal
Definition
An individual trained as a paralegal who also has nursing experience and training
Term
Paralegal
Definition
An individual engaging in substantive legal work (as opposed to clerical work) under some level of supervision of an attorney
Term
Partner
Definition
A person who is one of the owners of an unincorporated law firm
Term
PI Lawyer
Definition
A personal injury attorney, usually on the plaintiffs side
Term
Receptionist
Definition
A individual responsible for incoming calls and clients
Term
Registered Paralegal (RP)
Definition
The designation for an individual who successfully passes the NFPA PACE exam
Term
Runner
Definition
An employee of the law firm whose job it is to deliver files, file documents at the courthouse, and pick up docs from other offices
Term
Shareholder
Definition
An individual owning shares or stocks in a corporation; in legal practices, used to describe the owners of an incorporated practice instead of using the word Partner
Term
Sole Practitioner
Definition
An attorney who engages in the practice of law without entering into a business relationship with other attorneys
Term
Statute of Limitations
Definition
The amount of time a plaintiff has to file a suit after a cause of action has accrued. Times vary greatly from state to state. The equity version of SoL is called Laches
Term
Tickler System
Definition
An organizational device to ensure that files are reviewed on a regular basis; also called Diary or Diary system
Term
Tortfeasor
Definition
Individual allegedly committing a tort
Term
Trial Attorney
Definition
An attorney who primarily represents personal injury plaintiffs in court
Term
Uncontroverted
Definition
Undisputed; not challenged
Term
Active Listening
Definition
A set of techniques to involve the listener in what the speaker is saying rather than focusing on the listener's own responses
Term
Assumed Name Certificate
Definition
Official filing of a business name
Term
Attachment
Definition
Legal process of taking property to pay a debt
Term
Billable Hour System
Definition
Charging clients based on fractions of an hour. The hour may be divided into tenths (.1) or in quarters (.25). The client is charged for the entire fraction from the first moment it begins
Term
Burden of Proof
Definition
The duty of producing evidence in favor of the persons position
Term
Cause of Action
Definition
A recognized pattern of facts upon which a court may grant relief
Term
Chinese Wall
Definition
Refers to the practice of isolating certain members of the legal team from files upon which they formerly worked as a member of the opposing party's legal team (ethical wall)
Term
Closed Question
Definition
Inquiry that can only be answered with a predetermined list of responses
Term
Cognitive Interviewing
Definition
An interviewing technique that attempts to mentally take an interviewee to the time and place of the incident under discussion
Term
Confirmation Letter
Definition
A doc affirming an event, action, appointment, etc.
Term
Conflict Check
Definition
The process of determining whether a COI exists
Term
Conflict of Interest (COI)
Definition
Inability to represent a client due to circumstances that would cast doubt on the loyalty of the attorney to a present or past client
Term
Contingency Fee Contract
Definition
An agreement for attorney's fees that is based on a percentage of any recovery obtained for the client
Term
D.B.A.
Definition
Doing Business As
Term
Demand Letter
Definition
A request for a settlement sent by the attorney outlining the reasons supporting the request
Term
Exempt
Definition
excepted
Term
Expert Witness
Definition
An individual with specialized knowledge that qualifies him/her to render an opinion
Term
Fact Witness
Definition
An individual with information related to the litigation that is not dependent on opinion
Term
Garnishment
Definition
A process of setting aside a portion of a persons salary to pay a debt
Term
HIPAA
Definition
Health Insurance Portability and Accountability Act of 1996
Term
Intake Forms
Definition
Questionnaires designed to gather basic information
Term
Leading Questions
Definition
Questions that require yes or no answer
Term
Letter of Non-Representation
Definition
A letter to a potential client that the Attorney can not take on the legal matter at hand
Term
Open-ended Questions
Definition
Questions that answer involved are usually lengthy, not yes or no
Term
Proprietary Function
Definition
An action by a govt entity that is not something ordinarily done by governments but is instead often a function of private entities; exempt from sovereign immunity under common law
Term
Purchase Money Security Interest (PMSI)
Definition
A lien created against a particular piece of tangible personal property by the loan of the purchase price
Term
Recapitulate
Definition
Repeat and summarize prior statements
Term
Release
Definition
1. A doc by which the keeper of privileged or confidential information about the person signing the doc may disclose it to another
2. A doc that relieves the defendant of liability signed in the course of the settlement
Term
Retainer
Definition
A money deposit given to an attorney to secure his or her services
Term
Secretary of State
Definition
On the state level, an official who oversees required state filings, such as docs relating to incorporation
Term
Skip Trace
Definition
The process of finding someone whose whereabouts are no longer known
Term
Structured Interview
Definition
An interview using open and closed questions to control the topics and manner of the interview
Term
Tort Claims Act
Definition
A statute waiving sovereign immunity under specified conditions in which the plaintiff has a tort cause of action against a govt entity
Term
Unauthorized Practice of Law (UPL)
Definition
Practicing law without the proper license from the state
Term
Withdrawal
Definition
Terminating employment with a client in litigation (Motion to Withdraw)
Term
Admissible Evidence
Definition
evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a jury, otherwise the judge), and which cannot be objected to on the basis that it is irrelevant, immaterial, or violates the rules against hearsay and other objections.
Term
Admission by a Party-Opponent
Definition
Statements that are in partys' best interest
Term
Admissions
Definition
Concessions by a party of the existence of certain facts
Term
Affirmative Defense
Definition
A defense that is not dependent on the allegations of the opposing party but relievs the defendant of liabilty for some independent reason
Term
Answer
Definition
defendants docs that set forth his/her official contentions
Term
Autism
Definition
A psychological condition in which the sufferer has a profound difficulty with social interactions
Term
CEO
Definition
Chief Executive Officer; responsible for operations of a corporation
Term
Complaint
Definition
Docs in which plaintiff begins litigation, outlining parties, factual basis of suit, causes of action, damages, and request for action by the court
Term
Conformed Copies
Definition
Copies of docs filed with the court that have the official court stamp from clerk indicating the date and time the docs were filed (file-stamped copies)
Term
Declarations Page
Definition
The declarations page is the first page of a new policy containing other policy information.
Term
Default Judgement
Definition
Judgement entered for one party because the other party failed to appear
Term
Discoverable Evidence
Definition
Any information or thing that will help lead to admissible evidence
Term
Dual Representation
Definition
Rep by attorney of two or more clients in the same matter
Term
General Denial
Definition
a statement in an answer to a lawsuit or claim by a defendant in a lawsuit, in which the defendant denies everything alleged in the complaint without specifically denying any allegation.
Term
Hearsay Rule
Definition
Evidentiary principle that excludes out-of-court statements offered to prove the truth of the matter asserted
Term
Identity Issues
Definition
Deep-seated psychological concerns related to how an individual views themselves
Term
Indemnification Agreement
Definition
Contract or part of a contract wherein by reason of physical or mental condition is unable to make reasonable decisions about his or her property or persons
Term
Insured
Definition
Customer of insurance company
Term
Insurer
Definition
The insurance company
Term
Investigation Plan Summary
Definition
Short narrative tallying the current status of an investigation
Term
Motion for New Trial
Definition
Request to begin the trial over due to extreme circumstance that deprives litigants of a fair trial; can be done during trial or after verdict rendered
Term
Nonverbal Cues
Definition
Actions or inflections that can communicate information or emotions
Term
Party-Opponent Admissions
Definition
Statements made by the opposing party that are NOT in the party's best interest
Term
Personal Jurisdiction
Definition
One of the elements neccessary for a court to have the power to enter an enforacble decree; consists of official notice to the defendant (service), and geographical jurisdiction or the existence of at least minimum contacts over the defendant; can be waived
Term
Pleading Requirements
Definition
The rules regarding the form, contents, and deadlines of pleadings
Term
Pleadings
Definition
Docs setting forth the official positions of the parties
Term
Policy Limits
Definition
The max amt an insurance company must pay under an insurance policy
Term
Probative
Definition
Persuasive
Term
Process of Service
Definition
Formal notices
Term
Relevancy
Definition
Degree of offered evidence and matter to be proved
Term
Repeat Players
Definition
Usually business'; by the nature of their or the extent of their holdings, will appear in court on a regular basis
Term
Res Gestae
Definition
Events or statements that make up the occurrence that is the basis of the suit
Term
Return of Service
Definition
Doc provided by the service server in which he or she certifies who was served, how when and where
Term
Stipulations
Definition
Matters agreed to by the parties and filed with the court
Term
Trial Notebook
Definition
Tool for organizing notes and evidence in a trial
Term
Unfair Prejudice
Definition
Term often associated to Rule 403 in Federal Rules of Evidence, meaning that some admissible evidence may be excluded because its value to the case is a low priority
Term
Vent
Definition
Expressing negative feelings
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