Nobody downloaded yet

Paralegal Duties and Case Scenarios - Essay Example

Comments (0) Cite this document
Summary
In the legal perspective, a witness is a person who comes to court to provide testimony on matters he or she has a direct knowledge or to bring documents or records that are in his or her possession. He or she comes in the aid of the court in determining the truthfulness of the issues in a controversy…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.3% of users find it useful
Paralegal Duties and Case Scenarios
Read TextPreview

Extract of sample "Paralegal Duties and Case Scenarios"

Download file to see previous pages In here, there is relationship called attorney-client relationship.
A client-witness is one who has an existing attorney-client relationship with the hired attorney. The client is at the same time a witness or involved in a controversy and the hired attorney is the counsel. A non-client witness may refer to someone who may provide information to an attorney but no attorney-client relationship exists. The importance of an attorney-client relationship during an interview is that any information to be given by the client-witness is covered under the privileged communication rule. The privileged communication rule is a rule on evidence which provides that any information given by the client-witness to the attorney is kept confidential and cannot be divulged by the attorney without permission from the client-witness. On the other hand, the privilege is not applicable on the information gathered from or provided by a non-client witness since there is the absence of attorney-client relationship.
The differences between interviewing a client-witness and a non-client witness are based on the fact that the existence or absence of the attorney-client relationship will define what level of participation the witnesses will give to the interviewer. A client-witness is expected to be participative in giving information while the non-client witness may have hesitance or may not give any information at all. As such, different plans and techniques must be provided for each of these kinds of interviewees.
In the interview for a client-witness for example, the subject should do most of the talking with less interruptions by the interviewee. The purpose of the interview is to gather as much information that will help the interviewee generate relevant and useful ideas for the controversy. Questions are reserved for the latter part of the interview so as to preserve the continuity of the interviewee's statements. If there are questions that need to be clarified, the attorney can always call the client-witness anytime.
On the other hand, interviewing a non-client witness entails selection of questions to be answered by the interviewee. Since most of the times the interviewee is non-participative, the interviewer should initiate the interview by asking questions. Usually, the purpose of the interview is to get an admission or confession or statements which can be admissible evidences so questions should be relevant. If the questions relate to the interviewee's participation in a controversy before a court, the interviewee should be reminded of his or her Miranda rights to make the statements or answers admissible in court proceedings.
Case 2
The National Federation of Paralegal Associations (NFPA) on its research concluded that the privilege communication rule on attorney-client relationship and the ethical standards for attorneys also apply to paralegals. And under the NFPA own rules, code of ethics, and professional responsibility, paralegals are expected to avoid conflicts of interest in handling cases. Conflict of interest may arise when a paralegal will work both for the conflicting parties in a controversy. Under ethical considerations, a paralegal should refuse to accept a client whom he knows to be an adversary to a case he currently holds or previously held. He should not also desire to get ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Paralegal Duties and Case Scenarios Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Paralegal Duties and Case Scenarios Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1527194-paralegal-duties-and-case-scenarios
(Paralegal Duties and Case Scenarios Essay Example | Topics and Well Written Essays - 1000 Words)
Paralegal Duties and Case Scenarios Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1527194-paralegal-duties-and-case-scenarios.
“Paralegal Duties and Case Scenarios Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1527194-paralegal-duties-and-case-scenarios.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Paralegal Duties and Case Scenarios

Paralegal Careers

...? PARALEGAL CAREERS [School] Number] November 24, This thesis paper shall discuss the importance of the paralegal and legal assistant profession to ease the workload of the lawyers. The key roles and responsibilities of a paralegal and a legal assistant shall become the vital part of this report. It shall also cover the nature of their work, training, other qualifications and the employment growth of this profession and the opportunities that this profession brings to paralegals. This report shall also present the 10 critical skills that every paralegal or a legal assistant should master to excel in this profession. Keywords: paralegal,...
3 Pages(750 words)Thesis

Scenarios

...? Management Scenarios Given the driving forces of the market, and the focal questions that the organisation is dealing with; there are certain possibilities that the management needs to be aware of. It is important that decisions be taken in advance so that the predicted conditions of the market are prepared for. Managers need to get themselves and their staff trained, and reinforce their technological and man powers so that they are ready to meet the requirements of the future. In the meanwhile, the foundation ideals and principles on which the organisation is based need to be strengthened so that it can withstand the winds of change. Given the conditions that we have been focusing on, certain scenarios...
7 Pages(1750 words)Essay

Scenarios

...Many teachers are usually concerned with the issue indiscipline and managing them in an effective manner. This is especially true for first time teachers and interns. In the case of Paul a middle school teacher, the issue of dealing with his own emotions, which can sometimes be called emotional intelligence, comes into play. A successful teacher is one who can be able to control their own emotions in an effective way and not lose it in front of the classroom (Kiewra, 2002). Therefore the teacher, Paul failed to control his own emotions and handle them in a healthy manner. Letting the student be in charge of a teachers every emotion is a recipe for disaster. Every teacher wants a classroom in which they are in charge....
3 Pages(750 words)Essay

Two Case Scenarios/Issues

.... Justification of the research design Hypnosis has been checked and considered effective to relieve depression by a number of studies in the past (Yapko, 1993; Lynch, 1999). This is the suitable research design for this because it not only takes the research participants’ response to the video but also draws correlation between that response and their prior perceptions of this method to remove any bias of perception. Furthermore, the research participants selected for this research would be the real patients of depression whose cases are so serious that they have decided to render the help of a psychotherapist. The research participants would be asked the questions in the survey after seeing the video so as to identify the effect...
4 Pages(1000 words)Research Paper

Ethical Scenarios

...Ethical Scenarios Donna and Michael Michael will have a moral sense of duty to something. He obviously does not have a sense of duty to the team. Donna should appeal to the sense of duty that Michael may have. This may be himself, the school, his parents, or his grades. Even if he is only duty bound by a sense of self-interest, Donna should point out to him that his self-interest and the team's interest are not different. If Michael is being lazy and ignoring his sense of doing what is right by believing that the team will carry him, he needs to be shown that the harm to the team will not be in his self-interest. Stephanie Stephanie should not lie for...
2 Pages(500 words)Essay

GBN Scenarios

...Module GBN Scenario Development Template This template was filled out by My Scenario Steps Step Articulation of the focal issue or strategic decision (up to 3 years out) that the scenarios are to illuminate for the education sector: The education sector replaces printed textbooks with their electronic counterparts. Step 2: Time horizon for the scenario, which is the number of years that the scenario will cover: 10 Years Step 3: Actors that populate the competitive position of the education sector worldwide. Present Alliances 1. The government 2. The parents association 3. The private sector Present Customers 1. Local students 2. International...
6 Pages(1500 words)Essay

Case Scenarios/421

...Law Case Law Case Jeff wants the contract between him and Steve cancelled, due to his inability to continue honouring the terms of the contract, which is paying Steve $ 200 on a monthly basis. According to contract law, the contract is officially operational, since the performance has been substantially undertaken between Jeff and Steve. As such, with regard to modern day view of unilateral contracts, the contract between Jeff and Steve cannot be revoked. Jeff has to find another way of honouring the $ 200 monthly payment to Steve (Miller & Jentz, 2010, p. 164). Grocery, Inc. has the right under the contract law to cancel the contract, because the terms were not honoured (Miller & Jentz, 2010, p. 164)....
1 Pages(250 words)Essay

Paralegal studies

...under normal circumstance he expects the firm to look out for her in legal matters and by extension other issues around her; a function that can easily be accomplished by the firm’s paralegal who is Fran. Question 2 Ethics regulating attorneys in relation to their paralegals and the clients they represent require that attorneys introduce their paralegals to their clients and outlining the extent of assistance the paralegals would offer and the level of contact. In the case of Lucy and Will, both the attorneys did not introduce their paralegals to their clients. As the case proceeds, Roger who is Lucy’s...
3 Pages(750 words)Essay

Police Case Scenarios

...Police case scenarios According to the law, anything submitted first hand is information is evidence and can be used in a court of law. For evidence to be substantial, it has to come from an eye witness, an attorney or an officer who did the arresting and had evidence that is attached to the purported crime. Controlled drug cases together with possession of illegal firearms have remained a top issue both in the police department and courts with contradicting and irrelevant, but incriminating evidence (Eric, C et al, 2011). This paper will look at particular cases of suspects where drugs and firearms come in. Taking the case where the two police officers were on a patrol on high – crime area, the officers were in a position and had... the...
4 Pages(1000 words)Essay

Paralegal Class

...The job vacancy requires an assistant paralegal. The job requires a fresh candi who has just finished college or one who is making a transition from the corporate business immigration. The assistant will work together with the lawyers in dealing with permanent and temporary visa applications. Additionally, they are meant to keep all the information of the clients in a logical manner. They are expected to give updates on the clients whenever it is needed and update the case management system. Potential candidates are required to have a degree in arts or the sciences. Since it is a legal firm, they are also required to have excellent communication skills. Since the law firm is a very busy environment, they...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Paralegal Duties and Case Scenarios for FREE!

Contact Us