Paralegal Tips

Periodically I will include a new paralegal practice tip.  Topics will include all aspects of civil litigation case management, client relations, ethics, time management, and self-improvement.

Tip #27 Are you studying for the CLA or other professional designation? Do you have projects that require succinct legal writing? This book will help you. The Elements of Style, the classic style manual, by Strunk and White. It is well worth the purchase. -Posted Jan. 22, 2012

Tip #26  Be a leader that your team will want to model, and you will see the team’s performance, motivation, and dedication to their job increase. Give credit to others whenever possible. Include everyone on the team frequently when there is a success. Compliment freely. Reward successful performance. -Posted Jan 22, 2012

Tip #25  If your team sees the leader as a team player, they will feel part of the team. I strongly believe that attitude reflects leadership. -Posted Jan. 22, 2012

Tip #24  When describing the pain and suffering in a settlement demand letter, think about the length of the client’s recovery. It is reasonable to assume that the longer the recovery, the longer the client was in pain. - Posted Jan. 12, 2012

Tip #23  Always start a question to your attorney with the name of the case the question is relating to. Attorneys are not mind readers.  -Posted Jan. 12, 2012

Tip #22  Loyalty to an attorney is one of the most important qualities that an attorney looks for in a paralegal. If you look at all long term attorney/paralegal teams, they are developed from loyalty and respect for one another.  -Posted Jan. 12, 2012

Tip #21  Work together for a purpose; any purpose, even if it is to figure out how to get your original document “out” of the photocopy machine in one piece. Comradeship goes beyond friendship, and purpose is the primary reason it does. Small accomplishments over time build a solid foundation for any team. -Posted Jan. 12, 2012

Tip #20  An exception to Proposition 213 occurs when the driver of the "at-fault" vehicle was under the influence of alcohol or drugs at the time of the accident.  Additional exceptions to Proposition 213 include minors, and those individuals making a claim for wrongful death damages.  - Posted Jan. 5, 2012

Tip #19  The first step in proper time management begins with prioritizing your work. The catalyst to success in time management is focusing on the goal and staying organized. Prioritizing your work, based on the deadlines, gives you a timeline to communicate with your attorney as to when a task can be completed.  - Posted Dec. 15, 2011

Tip #18  When I have a question of law, one place I look to find the answer is the CACI Civil Jury Instructions. What I like most about the CACI jury instructions is that it provides the actual jury instruction, but below the instruction it provides "Directions for Use" and "Sources and Authority." The "Sources and Authority" section below the instruction is a very valuable tool in directing you to the code sections and supporting case law that relates to that particular jury instruction.  - Posted Dec. 14, 2011

Tip #17  Here is the formula to calculate daily interest at 10% on a judgment. Multiply the total judgment by 0.10 for the total interest. Divide that total by 365 [number of days in a year] to get the daily interest that can be assessed. Multiple the daily interest by the number of days between the dates of the calculation for the total interest accrued to date.  - Posted Dec. 14, 2011

Tip #16  Death of a Defendant ... If the Complaint has not been filed prior to the death of the defendant, a plaintiff should name the deceased defendant as, “Estate of (name of decedent), Deceased.” [Probate Code § 552(a)] If the Complaint has already been filed, the court, on motion, may order the appointment and substitution of a personal representative as the defendant. [Probate Code § 552(b)]  - Posted Dec. 13, 2011

Tip #15  Judicial arbitration is governed by California Code of Civil Procedure §§ 1141.10 – 1141.31; California Rules of Court Rules 3.810 – 3.830. In contrast, contractual arbitration is governed by California Code of Civil Procedure §§ 1282 – 1284.3.  - Posted Dec. 8, 2011

Tip #14  When setting an expert witness deposition, it is good practice to accompany the retained expert’s first hourly fee with the Notice of Taking Deposition. C.C.P. § 2034.460 states that, “the service of a proper deposition notice accompanied by the tender of the expert witness fee is effective to require the party employing or retaining the expert to produce the expert for the deposition.” In the event of a Motion to Compel Deposition or Motion in Limine to Preclude an Expert for failure to appear at his or her deposition, this will ensure that the Notice was served according to the code.  - Posted Dec. 6, 2011

Tip #13  When you begin a witness statement, it is helpful to try to put the witness at ease as soon as possible. Be sure to avoid using legalese that will not be understood by the witness. In fact, following the KISS philosophy (“keep it simple, stupid”) applies to taking a witness statement. Try to remain impartial when taking a statement; you are simply gathering facts.  -Posted Dec. 5, 2011

Tip #12  Always start a question to your attorney with the name of the case the question is relating to. Attorneys are not mind readers.  - Posted Dec. 3, 2011

Tip #11  Your attitude belongs to you and it's your choice if you want have a good one. Be nice to your co-workers and choose to go to work with a good attitute.  -Posted Dec. 2, 2011

Tip #10  Paralegals are professionals that project an image of the attorney to the clients. Therefore, be a professional, look like a professional, and carry yourself as a professional.  -Posted Dec. 1, 2011

Tip #9  When in doubt or you do not know, look it up.   The California Codes and California Rules of Court can be viewed on the Internet.  Never guess and always use the current code.  - Posted Nov. 30, 2011

Tip #8  When the Court of Appeal is notified that a notice of appeal has been filed in an unlimited civil case, the clerk of the Court of Appeal will mail the Appellant a copy of Judicial Council form APP-004, Civil Case Information Statement.  Within 10 days after the clerk mails this notice, the Appellant must file and serve a completed copy of this form, attaching a copy of the judgment or appealed order that shows the date it was entered [CRC Rules 8.100 and 8.104]  - Posted Oct. 24, 2011

Tip #7:  When calculating a statute of limitations, have your supervising attorney verify that the trigger date and type of statute are correct.  - Posted Oct. 21, 2011

Tip #6:  It is important to notify clients in writing of all mandatory appearances, but equally important to follow-up with a telephone call to remind them of the date a day or two prior to the appearance. - Oct. 20, 2011

Tip #5:  California Code of Civil Procedure § 415.40 allows a Summons to be served on a person outside of California by sending a copy of the Summons and Complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt.  The service of the Summons in this manner is deemed complete on the 10th day after the mailing. - Posted Oct. 19, 2011

Tip #4: If your attorney, upon returning from a Case Management Conference, does not give you the order from the court [a trial date, a further CMC hearing, referral to arbitration, or further instructions], look up the case on the court’s website for the CMC order. The judge will ALWAYS assign something to a civil matter for further handling and/or follow-up. - Posted Oct. 15, 2011 

 Tip #3:  The Dept. of Healthcare Services now has a website called Personal Injury Program for the PI/WC/Med Mal and Special Needs Trust cases. Go to the Quick Links section and click on Online Forms where you can send settlement notifications, request updated liens, notify Medi-Cal of case representation of a new case all via their website.  - Posted Oct. 13, 2011

Tip #2:  A public entity Claim, or any amendment thereto, must be presented to the public entity either by hand delivery or by mail.  [Gov. Code § 915]  If the Claim is mailed, the Claim is deemed presented and received when mailed.  [Gov Code § 915.2]   Attach a proof of service to the Claim with the manner of service under declaration of penalty of perjury. - Posted Oct. 7, 2011

Tip #1:  If you are unsure whether a potential defendant is a public entity, you can 1.  Check the agency’s website; 2. Check the “Roster of Public Agencies” in the county clerk’s office or the Secretary of State’s office.  [Gov. Code § 53051]; or, 3.  Call the agency.  I have found that most agencies are very helpful. - Posted Oct. 7, 2011

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DISCLAIMER:  Barbara Haubrich-Hass, ACP/CAS, is not an attorney.  Any information derived from The California Litigator^SM, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter.  The information from The California Litigator is not guaranteed to be correct, complete, or current. The information may not be applicable in the jurisdiction where you reside. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this website, or to any other website to which this site may be linked.