Deck 10: Preparing for and Conducting the Trial

Question 1

The attorney in this case also tried to get her paralegal to engage in several unethical practices. What were they?

Answer 1

The entire case 'In re Lowell Per Curiam' revolves around Melinda E. Lowell who worked in New York City as the attorney but after few years of working she got suspended by Departmental disciplinary committee as there emerged several cases against her like involving in discipline issues, charging higher amount from the clients, false promises to her client, etc. Later, when hearing against her took place it was found that the attorney, not herself involved in lots of misconducts and various unethical practices but also forced her paralegals to engage in these unethical practices, there are several cases through which we can summarize the unlawful activities where she intentionally involved her paralegals as well to do such things and later not even sorry about.
• The first and foremost strategy she adopted was to hire the paralegal from the law firm which represents her client's opponent which was not justiciable even for Disciplinary Review Board and by doing this attorney violates the Advisory Committee Professional Ethics Opinion 665.
• In one case, A client paid an amount to the attorney to file a motion that was never filed by her but she ordered her paralegal to draft a fake motion and deliver to the client and for the same she billed a good amount to the client for her working hours.
• In other case's also, respondent billed various clients for such works which though have been done by paralegals but have been charged with high attorney rates.
• In other matters, the respondent demands her secretary to sign the certification by the paralegal's name and then filling the certification in the court without the consent of paralegal this shows how she disobey an obligation under rules involving her paralegals in every wrongdoing.
Moreover, when the trail charged against her it has been found that she intentionally pressurized her employees for doing all such unethical activities which they don't want to do. Hence, she involved her every junior in her misconduct and sets a wrong example in the law system.

Question 2

Why would an attorney conduct a mock trial before the actual trial

Answer 2

The attorney is a person who prepares the case of the person who has approached to him, for the resolution of the dispute that he has been facing from the due time. The person when approaches the attorney then he guides him for all the kinds of processes that will be taking place in the hole of the suit.
The attorney then after drafting of the suit and everything when is taken on place then the attorney should make a rough practice and draft of the suit for checking that the party will be able to appear in front of the jury or not. Also he should make a prior check by conducting a mock appearance in order to reduce the further effects of the case.
The mock situation is made for the convenience of the of the attorney as well as the party which will be helping both the parties in betterment of the court proceeding such kind of practice will also reduce the burden of proof that will be upon the party.

Question 3

List paralegal activities. Discuss the important activities that a paralegal carries out, from the initial meeting with a client to the day before a jury trial.

Answer 3

The role of paralegal is important as he/she is responsible for the way the case will be unfolded in the court for his/her party.
The activities performed by a paralegal from the initial meeting with the client to the day before the trial includes:
• Chronology of Events - This is the first step and includes the way the paralegal will set the points of the case explaining what happened step by step. The exact chronology of the case according to the time or day of their occurrence is being framed here, as it helps the people to know the summary of the entire issue.
• Master Index - Master Index is just like any other normal index which is being created to tell the reader the different topics at different sources. Likewise, the paralegal prepares this master index writing the titles of all necessary information about the documents on the first page, through which the reader can directed to the particular event.
• Issue Table - In this process, the paralegal prepares the issue table which includes the summary of the issue according to the evidence presented. so that, it can help the legal team to double-check the proofs and issues. Hence, paralegal makes it easy for them.
• Witness Cross-Reference - Here, the work of paralegal is quite crucial, as he has to compare the various testimony of witnesses with police reports, statements, etc. so that there shall not be any disparity in the statements of any witness.
• Witness Summaries - The paralegal in this process will create a generalized witness summary, that he shall say in the trial.
• Trial Timetable - Here, the paralegal prepares a sheet on which the details regarding specific events and dates in the case are to be mentioned.
• Organize Client File - This process involves the formation of the file by paralegal containing specific information, witnesses, discovery, etc. to avoid the recklessness at the last point. It can be differently created by different attorneys but the aim is although same to avoid frustration of not locating important facts during the trial.
• Trial Notebook - The last step to be performed by paralegal before going for the trail is preparing the trail notebook which includes all the legal topics and questions that an attorney is going to ask in the court. Hence, it acts as a helping hand to an attorney.
Therefore, the work of paralegal is very crucial in any case, as the entire structure to the case is prepared and presented by paralegal only.

Question 4

Explain the function of the closing argument.

Question 5

What role can a paralegal play in trial preparation

Question 6

What are jury instructions

Question 7

The court refers to the fact that the attorney lacked a basic understanding of the trust that must exist between an attorney and her clients. Explain what the court means by this statement.

Question 8

What is a verdict

Question 9

Explain how exhibits can be used in a trial.

Question 10

Compare and contrast verdicts and judgments.

Question 11

Does the fact that the attorney here was suffering from depression and was on medication mitigate her actions? Why or why not?

Question 12

Why is it necessary to organize the case file prior to trial

Question 13

What is a trial notebook

Question 14

How would you, as a paralegal, conduct your own affairs if you had found yourself working for this attorney?

Question 15

What is a charge conference

Question 16

Although there are numerous charges of misconduct against the attorney in this case, explain the allegations concerning falsifying court documents and eliciting false testimony from a witness at trial.

Question 17

Describe a motion for a directed verdict.

Question 18

Are all of the various phases of a civil trial actually necessary? Is there a way to streamline or even eliminate some of these phases? Explain your answer.

Question 19

Describe how a juror would be struck for cause.

Question 20

Prepare a chronology of events in the Baker (Appendix B) and Apple (Appendix C) cases.

Question 21

Describe peremptory jury strikes.

Question 22

Prepare jury charges in a personal injury case. Review the pleadings in the Baker case, and then prepare at least 10 possible jury charges that the plaintiff would most likely submit to the judge.

Question 23

List the various phases of the civil trial.

Question 24

Explain the importance of preparing for trial.

Question 25

Describe the process of selecting a jury.

Question 26

Next week, your firm has a case that is likely to go to trial. The plaintiff is a young man who was struck by a delivery truck owned by the national corporation Get It There Deliveries. You have just met with the plaintiff and two of the people who were in the car with him at the time of the accident. During his deposition, several months ago, the plaintiff claimed that the delivery truck driver came up to him after the accident and admitted fault, saying that he failed to yield and thus caused the accident. When Al Able and Billy Better were originally deposed, they said that they had not heard any statement by the delivery truck driver. Before your firm's meeting with the three men, you saw them talking with another attorney who has only recently come to work for the firm. During the meeting, Al and Billy suddenly changed their story and said that they had heard the delivery man make a statement. You and your supervising attorney separated the men and asked them about this statement. In both circumstances, the men made identical statements, saying, "The driver came up to the car and said, 'Hey, I was at fault. I should have yielded. I'm to blame.'"
What, if anything, should you do about this new evidence?

Question 27

What is the purpose of an opening statement

Question 28

ACROSS
1 The removal of a jury panel member for any legally permissible reason, also known as a peremptory jury challenge.
9 The questioning of a witness to show bias, prejudice, or lack of knowledge.
12 The removal of a jury panel member, also known as a jury challenge.
13 An order, prepared by the trial judge with the input of the parties, that summarizes key issues in the case, including witness order, evidence, and other critical concerns.
DOWN
1 A conference between the judge, plaintiff, and defendant before the trial commences; the parties discuss witness issues and evidence and finalize their agreements in a pretrial order.
2 A motion by the defense that asks the court to enter a verdict in the defendant's favor because the plaintiff has failed to prove all material allegations against the defendant.
3 Oral instructions given by the judge to the jury about how they should deliberate and what law they should follow.
4 A mandatory court hearing in which the judge inquires about the readiness of the parties to go to trial; also known as a docket call.
5 When a panel member is removed because he or she cannot sit on the jury.
6 (Fr) To look; to speak. The process of questioning jurors about their potential biases in the case.
7 A group of people who have been called for jury duty; the final jury will be selected from this group; also known as venire.
8 The questioning of a witness by the side who called the witness to the stand.
10 A letter sent by an attorney to the judge explaining that the attorney has several different appearances scheduled for the same date and detailing which courts the attorney will go to first.
11 Those people who have been selected to sit on a jury; they will consider the evidence and reach a verdict in the case.

Question 29

Compare and contrast direct and cross-examination.