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Litigation and Trial Practice for the Legal Assistant » (5th Edition)

Book cover image of Litigation and Trial Practice for the Legal Assistant by Roderick D. Blanchard

Authors: Roderick D. Blanchard, Robert S. Blanchard
ISBN-13: 9780766827073, ISBN-10: 0766827070
Format: Hardcover
Publisher: Cengage Learning
Date Published: December 2000
Edition: 5th Edition

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Author Biography: Roderick D. Blanchard

Roderick Blanchard has been a litigator for over twenty-five years. He previously taught civil litigation to paralegals at the University of Minnesota and is now a practicing attorney.

Book Synopsis

This is the definitive civil litigation book for paralegals. It covers all phases of litigation from the initial client conference to enforcement of judgments. The authors objective is to make paralegals full members of the litigation team, so they understand what is happening and why. Paralegals should feel as though they are contributors, not merely assisting. Therefore, the emphasis is on judicial procedures and rules of law, not generic law office procedures. The book explains important concepts such as jurisdiction, legal duty, cause of action, proximate cause and damages. It explains how an action is commenced and prosecuted, including pleadings, motions, pretrial conferences and trials. It brings together important subjects such as investigation, discovery, and experts. It explains how attorneys go about preparing for trial beginning with development of a legal theory, conducting legal analysis of claims and defenses, and developing trial strategies. Special attention is given to federal and state courts rules of civil procedure, so paralegals can understand and apply them. As chapters unfold, the book gives readers the opportunity to apply their new knowledge to various aspects of a hypothetical case. This book will also serve as a reference work which most paralegals will keep in their libraries for years to come.

Booknews

New edition of a text that prepares paralegal students to work with lawyers as members of a litigation team. Roderick Blanchard (specialist in civil litigation) and Robert S. Blanchard (president of a strategic counseling firm) present 23 chapters that describe and explain the civil justice system and explain how courts are organized, how they function, what lawyers do to make the system work, what paralegals may do, and how they should do it. Their pragmatic approach discusses litigation procedures as they actually are conducted. Each chapter starts with a hypothetical case. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Table of Contents

Chapter 1: Litigation Principles.

Chapter 2: Lawyer and Client Relationship and Ethics.

Chapter 3: Court Organization.

Chapter 4: Causes of Action and Remedies.

Chapter 5: Affirmative Defenses.

Chapter 6: Introduction to Federal Procedure.

Chapter 7: Evidence.

Chapter 8: Gathering Evidence.

Chapter 9: Conducting an Investigation.

Chapter 10: Expert Witnesses.

Chapter 11: Interrogatories.

Chapter 12: Oral Deposition.

Chapter 13: Preparing Client for Deposition.

Chapter 14: Medical Examinations and Records.

Chapter 15: Inspection of Property, Documents, and Things.

Chapter 16: Requests for Admissions.

Chapter 17: Motions.

Chapter 18: Preparation for Trial.

Chapter 19: Structure of a Civil Trial.

Chapter 20: Judgements.

Chapter 21: Appeals.

Chapter 22: Settlements, Releases, and Dismissals.

Chapter 23: Arbitration and Mediation.

Appendix A: Time Table for Lawyers in Federal Civil Cases.

Appendix B: Hypothetical Cases.

Appendix C: Deposition Transcript.

Appendix D: Intra-Office Memorandum.

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