Solution Manual For Civil Litigation, 7th Edition

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1
CHAPTER 1: LITIGATION AND THE PARALEGAL
CHAPTER OUTLINE
Introduction to Civil LitigationI.
A. Differences Between Criminal and Civil Cases
B. An Overview of Civil Litigation
Types of Civil LawsuitsII.
Alternatives and Limitations to LitigationIII.
A. Alternative Dispute Resolution
B. Administrative Agency Hearings
C. Legislative and Judicial Limitations
Locating the Law of Civil LitigationIV.
A. Primary Sources
B. Secondary Sources
The Role of Technology in LitigationV.
A. Technology and the Law Firm
B. Technology and the Courts
The Role of the Litigation ParalegalVI.
A. The Litigation Law Firm
B. Litigation Paralegal Job Description
C. What a Litigation Paralegal Cannot Do
Skills Required of the Litigation ParalegalVII.
A. Continuing Legal Education
B. Professional Organizations
Practical Tips for Success in the Law FirmVIII.
A. Forms File—Invaluable Aid
B. How to Build a Litigation Procedures Manual
ANSWERS TO REVIEW QUESTIONS
1. Civil procedure deals with the rules and methods that apply when pursuing a civil case.
It is the same as civil litigation. Criminal procedure deals with the methods that are
employed in a criminal case. These methods include not only the court proceedings but
also methods used by police in investigating criminal cases.

2 CHAPTER 1
2. A case can be litigated only if a right exists under substantive law. In other words,
without a substantive basis for the lawsuit, litigation cannot take place. Procedural rules
dictate the way in which these rights are enforced.
3. Litigation commences with the plaintiff filing a complaint in the proper court. The
complaint is then served on the defendant. Defendants either can respond to the
complaint by filing an answer or other proper response or can ignore the complaint. If
they ignore the complaint, they default, and judgment may be entered against them. If
the defendants answer, the parties conduct discovery while waiting for the case to come
to trial. Motions may also occur during the course of litigation. Finally the case is tried.
Either party can appeal.
4. Lawsuits are categorized in different ways. Some cases are designated as complex, while
others are relatively simple. Both complex and simple cases are also categorized by the
substantive nature of the case. These categories include lawsuits based on personal
injuries, employment disputes, intellectual property issues, construction issues,
securities violations, general business disputes, real estate matters, asbestos injuries,
and civil rights violations.
5. a. Settlement—The parties agree to resolve their dispute.
b. Mediation—The parties meet with a third party, discuss their differences, and try to
resolve them.
c. Arbitration—The parties allow a third party to decide their dispute.
d. Submission to Agency—The law requires that certain disputes be resolved by
special agencies or boards.
6. Primary sources for finding the law are constitutions, statutes, and cases. Secondary
sources are books that tell us about constitutions, statutes, and cases. They explain the
law. Important secondary sources in civil litigation are form books.
7. Technology is used by both the courts and by lawyers. Attorneys use computers with
general business software as well as legal software to perform everyday office tasks.
Case management software is used to manage case files. Legal professionals also rely on
electronic devices such as smart phones and tablets. The Internet is used for various
tasks. Attorneys and judges use the Internet for legal research, communications (e-
mail), and electronic filing of court documents. In addition, courts use the Internet to
post information about cases. Some courts also use videoconferencing to manage short
court proceedings.
8. Paralegals research the law, prepare memoranda of points and authorities, draft
pleadings, organize files, interview parties and witnesses, and assist with technology
needs.

Litigation and the Paralegal 3
9. Litigation paralegals should be able to do legal research. They may have to research the
substantive law in preparation for drafting pleadings or motions. They may also have to
use form books. On the other hand, litigation paralegals who are part of a larger team
may have little need for legal research, especially if their job is limited to document
management.
10. Litigation paralegals are constantly called upon to interact with other people. They may
have to interview clients and witnesses. They may act as an intermediary between the
attorney and the client. They may draft letters to clients or assist in the drafting of
various documents. To do all of this, paralegals must be able to communicate orally and
in writing as well as possess organizational and analytical skills. Litigation paralegals
must also have technology knowledge and skills.
CHAPTER EXERCISES
1. Advertisements for litigation paralegals may be found under the categories of
“paralegal” or “legal assistant.” A careful reading of the ads under “legal secretary” may
also reveal jobs that are suitable for litigation paralegals. Litigation paralegal positions
often require prior experience. Desired skills often include good written and oral
communication skills, strong organizational skills, and knowledge of word processing.
2. Most courts will have their own rules of court. These can usually be obtained from the
court, from local legal newspapers, or from local bar associations. Copies of the local
rules are generally available in the nearest law libraries or on the court’s Web site.
3. Paralegal associations may be located on the Internet or may be listed in the telephone
book. If not, the local legal secretaries’ association or bar association should be helpful
in locating a paralegal association. Many paralegal associations do allow for student
membership.
4. Self-explanatory.
5. Students should find numerous advertisements for automated litigation support
software. This includes programs for time and billing, calendaring, conflict checks,
document assembly, and litigation forms. Also advertised are various legal research
materials, including local rules of court. Students should also see that most of the
information is now available on CD-ROM and online. Students will probably find many
products advertised that are not included in the text, indicating how the area of
automated litigation support is growing.
6. Some of the hypotheticals in this question are primarily either civil or criminal.
However, with slight changes, these questions could become both. On the other hand,
some of the hypotheticals could easily result in a civil action, a criminal action, or both.
Students should be encouraged to discuss the alternatives.

4 CHAPTER 1
a. This is primarily a civil case arising out of a contract dispute. The plaintiff in this
case would be Finkle, the home owner, and the defendant would be Baron, the
contractor.
b. This is a criminal case because Martin clearly violated a criminal law, arson. The
plaintiff would be “the people” or the state, and the defendant would be Martin. Of
course, if the insurance company had paid, a civil case could also result with the
insurance company being the plaintiff and Martin being the defendant.
c. This is primarily a civil case arising out of a contract provision requiring
confidentiality and out of a patent/copyright infringement. DATA Corp. would be the
plaintiffs seeking monetary damages and injunctions against two defendants, Reese
and DISK Corp. This question also raises the possibility of a criminal action arising
out of a new type of crime, theft of intellectual property.
d. Murder or manslaughter is a crime. Bates would be the defendant, and the state
would be the plaintiff. However, the children would have a civil action against their
father for damages for wrongful death.
e. This question (based loosely on the book A Civil Action) could result in a civil case if
the children sue Rosemond Corporation for damages resulting from the occurrence
of cancer. In most areas, environmental pollution is also a crime. In a criminal case,
the plaintiff would be the state, not the children.
7. a. Civil Case—Brown v. Board of Education was a private dispute, even though it
affected many people. It did not involve any crime.
b. Criminal Case—Gideon v. Wainright involved a criminal trial. Gideon was being tried
by the state of Florida.
c. Civil Case—Hazelwood v. Kuhlmeier involved a private, civil dispute concerning
constitutional rights in which students were seeking relief including injunctions and
damages.
d. New Jersey v. T.L.O. was a juvenile case—technically not criminal, but in substance
comparable to a criminal case. The action was brought by the state and was related
to criminal activity.
e. Civil Case—Gutter v. Bollinger is a civil case based on discrimination. It is a private
dispute between the parties over discrimination.
f. Criminal Case—Roper v. Simmons is a criminal case dealing with punishment (death
for juveniles). Roper was charged and found guilty of a criminal offense.
g. Civil Case—New York Times v. Sullivan is a private dispute over First Amendment
rights. No crime is involved.

Litigation and the Paralegal 5
h. Civil Case—Sony Corp. of America v. Universal City Studios, Inc. is a civil case
involving a copyright dispute. Injunctions and damages are sought.
i. Civil Case—Reichle v. Howards, is a civil lawsuit under 42 U.S.C. § 1983. It was a case
in which the plaintiff was seeking money damages for a violation of his civil rights in
connection with an arrest. The plaintiff claimed that he was arrested because of
statements he made about the vice-president and thus his First Amendment rights
were violated.
CHAPTER PROJECT: STARTING A FORMS FILE
Each chapter in the text includes some sample forms. Additionally, a chapter project at the end
of each chapter gives the student the opportunity to prepare at least one document. The forms
file started by students should include a general index that parallels the table of contents to the
text beginning with Chapter 2, The Courts and Jurisdiction.
ANSWERS TO THE BENNETT CASE ASSIGNMENT
Assignment for Chapter 1: Preliminary Research
The following is a checklist of material that students should include in their summary:
1. Relevant laws:
a. Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including
sexual harassment (hostile environment), by employers of 15 or more. Same sex
harassment is included.
b. Equal Pay Act of 1963, which requires equal pay for men and women for equal
work.
2. a. Sex discrimination: Discrimination in hiring, termination, promotion, compensation,
job training, or any other term, condition, or privilege of employment. Title VII also
prohibits employment decisions based on stereo types and assumptions about
abilities, traits, or the performance of individuals on the basis of sex.
b. Sexual harassment practices ranging from direct requests for sexual favors to
workplace conditions that create a hostile environment for persons of either gender,
including same sex harassment.
3. Claim filing procedures:
a. Claim can be filed by any individual discriminated against or a representative.
b. Claim can be filed by mail or person at nearest EEOC office.

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6 CHAPTER 1
c. Claim must state:
i. The complaining party’s name, address, and telephone number;
ii. The name, address, and telephone number of the respondent employer,
employment agency, or union that is alleged to have discriminated, and number
of employees (or union members), if known;
iii. A short description of the alleged violation (the event that caused the
complaining party to believe that his or her rights were violated); and
iv. The date(s) of the alleged violation(s).
d. Claim must be filed with EEOC within 180 days from the date of the alleged
violation, or 300 days if the charge also is covered by a state or local anti-
discrimination law.
e. If claim is also proper under both federal and state law and a state agency exists,
claimant only needs to file with either EEOC or state agency.
4. Requirements for filing lawsuit: A charging party may file a lawsuit within 90 days after
receiving a notice of a “right to sue” from EEOC, as stated above. Under Title VII, a
charging party also can request a notice of “right to sue” from EEOC 180 days after the
charge was first filed with the Commission and may then bring suit within 90 days after
receiving this notice.
5. The requirements for an employer are found at <http://www.eeoc.gov/employers
/process.cfm>. These responsibilities include cooperating with the EEOC investigator.
This may require the employer to:
 Submit a statement of position.
 Respond to a Request for Information (RFI), which includes copies of personnel
policies, Charging Party’s personnel files, the personnel files of other individuals,
and other relevant information.
 Permit an on-site visit and provide contact information for or have employees
available for witness interviews.
 Retain all relevant documents.
6. Other information: This will vary from student to student, but students should at least
summarize the section on remedies for violation of Title VII.

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Litigation and the Paralegal 7
ANSWERS TO THE DOUGLASS FINANCIAL SERVICES INC. CASE
ASSIGNMENT
Assignment for Chapter 1: A memorandum summarizing the factual basis of plaintiff’s claim
Office Memorandum
TO: [ ]
FROM: [Student]
DATE:
RE: Hewitt v. Douglass Financial Services, Inc. et al.
Plaintiff, Jessica Hewitt, was seriously injured in an intersection automobile accident. The driver
of the other vehicle was Evan Portman, an employee of our client, Douglass Financial Services,
Inc. Independent witnesses state that Hewitt entered the intersection on a yellow light.
Witnesses also indicate that Portman was driving fast, but at the time of the actual collision, he
had the green light. A follow-up police investigation showed that Portman had a blood alcohol
level of 0.14. Portman was on his way home from work at the time of the collision.
Before leaving work, Portman attended an office party on the premises of his employer,
Douglass Financial Services, Inc. Alcohol was provided. The party was catered by Creative
Catering, who provided and served the alcohol.

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8
CHAPTER 2: THE COURTS AND JURISDICTION
CHAPTER OUTLINE
The Courts and LitigationI.
A. Trial Courts
B. Courts of Appeals
C. Courts of Last Resort
Federal Court SystemII.
A. U.S. District Courts
B. Miscellaneous Federal Trial Courts
C. U.S. Courts of Appeals
D. U.S. Supreme Court
State Court SystemsIII.
The Courts and the InternetIV.
JurisdictionV.
A. Subject Matter Jurisdiction
B. Personal Jurisdiction
C. In Rem Jurisdiction
D. Quasi In Rem Jurisdiction
VenueVI.
A. Federal Court Venue
B. State Court Venue
C. Changing Venue
ANSWERS TO REVIEW QUESTIONS
1. The primary function of trial courts is to provide a forum for the parties to resolve their
factual disputes. This takes place at a trial in which the parties present evidence to a
judge or jury. The judge or jury then applies appropriate legal principles to the facts to
reach a decision regarding the dispute. The primary function of a court of appeals is to
review what happened at the trial court to determine whether any substantial legal
error occurred.
2. The federal court system consists of three levels of courts: the U.S. Supreme Court, the
U.S. Courts of Appeals, and the U.S. District Courts. In addition, there are miscellaneous
trial courts that have specialized jurisdiction.
3. A typical state court system has trial courts and courts of review. Most also have a court
of last review, often called a supreme court. Trial courts are referred to as superior
courts, supreme courts, circuit courts, city courts, county courts, surrogate courts, and

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The Courts and Jurisdiction 9
courts of common pleas. Often, there are many specialized trial courts that have the
power to hear only certain kinds of cases; for example, probate court or family court.
Also, many state court systems have trial courts that hear cases where the amount in
controversy is small.
4. Subject matter jurisdiction is the power that a court has to hear a certain kind of case. It
also includes the power to hear the type of proceeding in that case (e.g., trial, appeal).
5. Cases may be brought in federal court in the following circumstances (students should
respond with any three of the following):
a. The United States is a party.
b. Federal laws so provide.
c. Diversity of citizenship exists and if the controversy involves money, the amount in
controversy exceeds $75,000.
d. A treaty is involved.
6. Exclusive jurisdiction means that a case must be brought in a specific court system. Only
one court system (i.e., federal or state) has the power to hear the case. Concurrent
jurisdiction means that a case can be brought either in federal court or in state court.
Concurrent jurisdiction might also refer to the fact that more than one state has
jurisdiction.
7. In general, a state court has personal jurisdiction over defendants who reside in the
state. A state court also has personal jurisdiction over nonresidents where the exercise
of jurisdiction meets the constitutional standard of due process and where a state long-
arm statute so permits. This occurs when a defendant has substantial contacts with the
state so that the exercise of personal jurisdiction does not offend traditional notions of
fair play and substantial justice. A state court also has personal jurisdiction over parties
to a lawsuit when the parties agree to appear before the court. Federal courts have
personal jurisdiction consistent with the jurisdiction of the state in which the federal
court is located.
8. In order for a state to exercise jurisdiction over a nonresident defendant, it must be
authorized by state law to do so. This authorization is found in statutes generally known
as long-arm statutes. Without such a statute, personal jurisdiction is limited to
defendants residing within the state.
9. Personal jurisdiction means that the court has jurisdiction over the parties and can
make decisions affecting the rights of those parties. In rem jurisdiction means that a
court has jurisdiction over property located within state boundaries and can make
decisions affecting title to that property.
10. Venue is the proper geographical location of a court proceeding.

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10 CHAPTER 2
CHAPTER EXERCISES
1. Answers will vary, but because most courts pattern their court structure after the
federal system, the state court structure will probably include trial courts, courts of
appeals, and a court of last resort. The description of trial courts should include the
names and functions of any specialized trial courts such as juvenile courts or probate
courts. Students should pay particular attention to identifying any monetary limits of
trial courts as well as any limits on the equitable jurisdiction of courts.
2. Long-arm statutes of states vary. Some may be comparable to the statute quoted in the
chapter. If possible, students should identify and describe the specific instances in
which a court may exercise jurisdiction over nonresident defendants.
3. a. Subject matter jurisdiction is challenged in different ways. In some states, a motion
such as a motion to dismiss might be appropriate. In other states, a demurrer to the
complaint may also be proper. Because subject matter jurisdiction can be attacked
at any time, even where a demurrer to the complaint is proper, a motion attacking
any judgment in the case may be an alternative remedy.
b. Personal jurisdiction is usually challenged by motion or by demurrer. However, a
defendant may generally waive any defect in personal jurisdiction; therefore,
statutes describing the challenge to personal jurisdiction may be more limited in
scope. This kind of challenge must often be made at the beginning of the
proceedings.
c. Venue is generally challenged by making a motion to change venue. The motion is
normally made in the court where the action was commenced. Grounds include the
fact that the motion was filed in the wrong judicial district, the parties cannot
receive a fair trial because of pretrial publicity, or the convenience of the witnesses
demands a change.
4. There are various possibilities here. If Weigh To Go had registered its name under the
federal trademark rules, then the federal law would establish subject matter jurisdiction
for the federal court. In all probability, your state also has trade name laws that would
provide a basis for subject matter jurisdiction of the state court. In such a case, diversity
of citizenship would also provide a basis for federal court jurisdiction (unless you are in
the state in which the plaintiff is incorporated or has its principal place of business).
Because the defendant is incorporated in and does business exclusively in your state,
personal jurisdiction would lie with the federal district courts in your state. If more than
one federal district exists within your state, then venue must also be considered. Venue
would be proper where the defendant has its principal place of business. If this action
were maintained in a state court, that court would have to have general equitable
jurisdiction.
5. a. The federal court does have diversity jurisdiction here because plaintiffs and
defendants are from different states and the amount requested for each plaintiff

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The Courts and Jurisdiction 11
exceeds $75,000. The fact that the two plaintiffs are from the same state does not
destroy diversity.
b. The federal court does not have diversity jurisdiction here. One of the defendants is
a citizen of the same state as the plaintiffs.
c. In this case, plaintiffs and defendants are citizens of different states. However, each
plaintiff is claiming under $75,000. The only way that the jurisdictional amount
would be reached would be if the claims of the two plaintiffs could be combined.
Because these claims are separate and distinct, they could not be combined. Thus,
the federal court does not have diversity jurisdiction.
d. In this case, the defendant is a corporation. For diversity purposes, corporations are
considered citizens of the state of incorporation and of the state in which they
maintain their principal place of business. Here, that would be Delaware and
California. Because the plaintiff is a citizen of the state of Washington and the
amount claimed exceeds $75,000, the federal court has diversity jurisdiction.
6. a. This question requires that students distinguish subject matter jurisdiction from
personal jurisdiction. The same hypothetical is used in question 5(d) above. In that
question, the federal court did have diversity jurisdiction. Here, students must
determine if the state of Washington has personal jurisdiction, which is a more
difficult question. The issue is whether the defendant had sufficient contacts with
the state of Washington to meet the International Shoe requirements. Here, the
question suggests that a product is sold nationally through several distributors. The
product did not inadvertently end up in Washington; it is regularly sold in the state.
Personal jurisdiction should exist.
b. This question presents personal jurisdiction problems resulting from use of the
Internet. In this situation, the plaintiff is a resident of Maine. The defendant does not
sell its product through any vendors located in Maine, and the total revenue derived
from sales to Maine residents is very low. The only possible connection that the
defendant has with the state of Maine is through the Web site. Courts have found
that selling a product through a Web site can be a sufficient contact to establish
personal jurisdiction. In this case, the defendant does not sell its product through
the Web site; it only advertises. However, it does list vendors that parties can
contact to purchase products. It is doubtful whether that would be a sufficient
contact since the vendor is located out of state.
7. a. International Shoe manufactures and sells shoes. They had no office in Washington
and made no contracts for sale or purchase of merchandise there. They maintained
no stock of merchandise in that state and made no deliveries of goods in intrastate
business. However, they employed 11 to 13 salesmen who resided in the state of
Washington and conducted business in Washington by exhibiting shoes and
soliciting orders. These employees were provided with samples from International

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12 CHAPTER 2
Shoe and occasionally rented sample rooms at International Shoe’s expense.
However, all orders were sent to St. Louis for acceptance or rejection and no
contracts were actually entered into in Washington.
b. Yes.
c. The Court felt that the activities carried on by International Shoe in the state of
Washington were systematic and continuous. They resulted in a large volume of
interstate business, in the course of which they received the benefits and protection
of the laws of the state, including the right to resort to the courts for the
enforcement of their rights. The instant lawsuit arose out of those very activities.
Therefore, the ties with the state made it reasonable and just to subject them to the
jurisdiction of the state courts.
8. State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003), deals with the
unconstitutionality of large punitive damages. The case is based on the Court’s prior
decision in Gore v. BMW and is based on the due process clause. The Court held that
where punitive damages are out of proportion to the harm suffered due process is
violated. The question in Raeburn (the hypothetical case in this chapter) is not the
amount of punitive damages but rather compensatory damages. Students should
discuss whether the due process clause should apply in this situation. Obviously the
amount of the award is grossly excessive. Arguably this is similar to State Farm.
However, Raeburn does not involve punitive damages.
9. The case would be appealed to the 6th Circuit.
CHAPTER PROJECT: SELECTING THE PROPER COURT
The case of Raeburn v. Cassidy would obviously be filed in a trial court. In selecting the proper
trial courts, students may have to consider the amount of damages that Raeburn is claiming.
Some state court systems have different levels of trial courts depending on the amount claimed.
Venue would probably be proper here in the judicial district where the accident occurred or in
the judicial district where the defendant resides.
ANSWERS TO THE BENNETT CASE ASSIGNMENT
Assignment for Chapter 2: Determining Jurisdiction
1. If the action is based on New York state law, the state has both subject matter and
personal jurisdiction. Subject matter results from the fact that the action is based on
state law. The defendant is a resident of Delaware (incorporation) and California
(principal place of business). However, the defendant does business within the state of
New York and the alleged discrimination took place in New York. Therefore, personal
jurisdiction exists, as long as New York has an appropriate long-arm statute.

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The Courts and Jurisdiction 13
2. The main courthouse is 60 Centre St., New York, New York, although some departments
are located in nearby buildings. The addresses are on the court’s Web site at
<http://www.nycourts.gov/> (search for Manhattan court).
3. Any federal district court has subject matter jurisdiction since this is a question of
federal law. Personal jurisdiction would lie in New York, Delaware (state of
incorporation), and California (principal place of business). (See Appendix B, 42 U.S.C.
§2000e-5 (f )(3): “Each United States district court and each United States court of a
place subject to the jurisdiction of the United States shall have jurisdiction of actions
brought under this subchapter.”)
4. 42 U.S.C. §2000e-5 (f )(3) also controls venue: Such an action may be brought in any
judicial district in the State in which the unlawful employment practice is alleged to
have been committed, in the judicial district in which the employment records relevant
to such practice are maintained and administered, or in the judicial district in which the
aggrieved person would have worked but for the alleged unlawful employment practice.
But if the respondent is not found within any such district, such an action may be
brought within the judicial district in which the respondent has his principal office. For
purposes of sections 1404 and 1406 of Title 28, the judicial district in which the
respondent has his principal office shall in all cases be considered a district in which the
action might have been brought.
ANSWERS TO THE DOUGLASS FINANCIAL SERVICES INC. CASE
ASSIGNMENT
Assignment for Chapter 2: Name and address of court having jurisdiction of this case
Students should provide the name and address of the local state court have general subject
matter jurisdiction.

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14
CHAPTER 3: PRELIMINARY CONSIDERATIONS AND
PROCEDURES
CHAPTER OUTLINE
Determining the Existence of a Cause of ActionI.
Feasibility of the LawsuitII.
Turning Down a CaseIII.
Time LimitationsIV.
A. Statute of Limitations
B. Claim Statutes
C. Laches
D. Tickler Systems
Ethical Considerations in Accepting a CaseV.
A. Competency to Handle the Case
B. Frivolous Claims
C. Conflict of Interest
Ethical Considerations after Accepting a CaseVI.
A. Communication with the Client
B. Communication with the Opposing Party
C. Confidentiality
D. Honesty
E. Attorney Fees and Ethics
F. Property of Client—Trust Accounts
Ethical Considerations and TechnologyVII.
A. Confidentiality and Client Communication
B. Confidentiality and Client Information
C. Document Retention Advice
Special Ethical Concerns for ParalegalsVIII.
Law Office ProceduresIX.
ANSWERS TO REVIEW QUESTIONS
1. A cause of action is a legally recognized basis for a lawsuit. A cause of action exists when
the law recognizes a right to recover damages for some alleged wrong.
2. The elements of a cause of action determine what must be proven at trial in order to win
a case. They therefore provide a guideline for the gathering of evidence prior to trial. In

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Preliminary Considerations and Procedures 15
some jurisdictions, facts that support each of the elements of a cause of action must be
alleged in the initial pleading.
3. The most common time limitation for filing a lawsuit is known as a statute of
limitations. These are statutory time limits for filing a lawsuit, found in appropriate
state or federal codes. Time limits vary depending on the type of case and the
jurisdiction. Some cases, such as those against a government entity or the estate of a
deceased, may be governed by claim statutes, which require that the defendant be
served with a claim prior to the filing of a lawsuit. Equitable cases are governed by an
additional concept known as laches. Laches prevents lawsuits where they would be
unfair.
4. A tickler system is a calendaring or tracking system for keeping abreast of important
dates. A case in litigation requires that various documents be filed in court, often by
certain dates, as well as requiring various court appearances by the attorney. A tickler
system operates to remind the attorneys of these dates. Probably the main importance
of a tickler system, however, is to make certain that the statute of limitations, or other
initial time requirements, is met.
5. Prior to accepting a case, the attorney should verify that the damages claimed justify the
cost of litigation. The attorney should also check to determine the ability of the
defendant to pay any judgment.
6. When an attorney decides to turn down a case, he should send a letter to the individual
explaining that he cannot accept the case. In this letter he should advise the individual of
any time limitations to pursue the case and be careful about expressing opinions
regarding the merits of the case.
7. Before accepting a case an attorney must determine that he is competent to handle the
case, that the claim has merit and is not frivolous, and that there is no conflict of interest
with potential defendants.
8. Once a firm agrees to handle a litigation case, several ethical standards control the
litigation process. The following is a list of those standards:
a. The firm should keep the client advised about the status of the case.
b. Communication with an opposing party should be through the party’s attorney.
c. The members of the law firm must honor the confidentiality of their client.
d. The members of the firm must be honest in their dealings with the court and other
law firms.
e. Attorney fees cannot be unreasonable or unconscionable; they should be clearly
explained to the client and set forth in a written retainer agreement.

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