Solution Manual For Civil Litigation, 7th Edition

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1CHAPTER1:LITIGATIONANDTHEPARALEGALCHAPTEROUTLINEIntroduction to Civil LitigationI.A.Differences Between Criminal and Civil CasesB.An Overview of Civil LitigationTypes of Civil LawsuitsII.Alternatives and Limitations to LitigationIII.A.Alternative Dispute ResolutionB.Administrative Agency HearingsC.Legislative and Judicial LimitationsLocating the Law of Civil LitigationIV.A.Primary SourcesB.Secondary SourcesThe Role of Technology in LitigationV.A.Technology and the Law FirmB.Technology and the CourtsThe Role of the Litigation ParalegalVI.A.The Litigation Law FirmB.Litigation Paralegal Job DescriptionC.What a Litigation Paralegal Cannot DoSkills Required of the Litigation ParalegalVII.A.Continuing Legal EducationB.Professional OrganizationsPractical Tips for Success in the Law FirmVIII.A.Forms File—Invaluable AidB.How to Build a Litigation Procedures ManualANSWERSTOREVIEWQUESTIONS1.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 areemployed in a criminal case. These methods include not only the court proceedings butalso methods used by police in investigating criminal cases.

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2CHAPTER 12.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 rulesdictate the way in which these rights are enforced.3.Litigation commences with the plaintiff filing a complaint in the proper court. Thecomplaint is then served on the defendant. Defendants either can respond to thecomplaint by filing an answer or other proper response or can ignore the complaint. Ifthey ignore the complaint, they default, and judgment may be entered against them. Ifthe defendants answer, the parties conduct discovery while waiting for the case to cometo 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, whileothers are relatively simple. Both complex and simple cases are also categorized by thesubstantive nature of the case. These categories include lawsuits based on personalinjuries, 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 toresolve 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 byspecial agencies or boards.6.Primary sources for finding the law are constitutions, statutes, and cases. Secondarysources are books that tell us about constitutions, statutes, and cases. They explain thelaw. Important secondary sources in civil litigation are form books.7.Technology is used by both the courts and by lawyers. Attorneys use computers withgeneral 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 onelectronic devices such as smart phones and tablets. The Internet is used for varioustasks. Attorneys and judges use the Internet for legal research, communications (e-mail), and electronic filing of court documents. In addition, courts use the Internet topost information about cases. Some courts also use videoconferencing to manage shortcourt proceedings.8.Paralegals research the law, prepare memoranda of points and authorities, draftpleadings, organize files, interview parties and witnesses, and assist with technologyneeds.

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Litigation and the Paralegal39.Litigation paralegals should be able to do legal research. They may have to research thesubstantive law in preparation for drafting pleadings or motions. They may also have touse form books. On the other hand, litigation paralegals who are part of a larger teammay have little need for legal research, especially if their job is limited to documentmanagement.10.Litigation paralegals are constantly called upon to interact with other people. They mayhave to interview clients and witnesses. They may act as an intermediary between theattorney and the client. They may draft letters to clients or assist in the drafting ofvarious documents. To do all of this, paralegals must be able to communicate orally andin writing as well as possess organizational and analytical skills. Litigation paralegalsmust also have technology knowledge and skills.CHAPTEREXERCISES1.Advertisements for litigation paralegals may be found under the categories of“paralegal” or “legal assistant.” A careful reading of the ads under “legal secretary” mayalso reveal jobs that are suitable for litigation paralegals. Litigation paralegal positionsoften require prior experience. Desired skills often include good written and oralcommunication 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 thecourt, from local legal newspapers, or from local bar associations. Copies of the localrules 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 telephonebook. If not, the local legal secretaries’ association or bar association should be helpfulin locating a paralegal association. Many paralegal associations do allow for studentmembership.4.Self-explanatory.5.Students should find numerous advertisements for automated litigation supportsoftware. This includes programs for time and billing, calendaring, conflict checks,document assembly, and litigation forms. Also advertised are various legal researchmaterials, including local rules of court. Students should also see that most of theinformation is now available on CD-ROM and online. Students will probably find manyproducts advertised that are not included in the text, indicating how the area ofautomated 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.

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4CHAPTER 1a.This is primarily a civil case arising out of a contract dispute. The plaintiff in thiscase would be Finkle, the home owner, and the defendant would be Baron, thecontractor.b.This is a criminal case because Martin clearly violated a criminal law, arson. Theplaintiff would be “the people” or the state, and the defendant would be Martin. Ofcourse, if the insurance company had paid, a civil case could also result with theinsurance company being the plaintiff and Martin being the defendant.c.This is primarily a civil case arising out of a contract provision requiringconfidentiality and out of a patent/copyright infringement. DATA Corp. would be theplaintiffs seeking monetary damages and injunctions against two defendants, Reeseand DISK Corp. This question also raises the possibility of a criminal action arisingout of a new type of crime, theft of intellectual property.d.Murder or manslaughter is a crime. Bates would be the defendant, and the statewould be the plaintiff. However, the children would have a civil action against theirfather for damages for wrongful death.e.This question (based loosely on the bookA Civil Action) could result in a civil case ifthe children sue Rosemond Corporation for damages resulting from the occurrenceof 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 Educationwas a private dispute, even though itaffected many people. It did not involve any crime.b.Criminal Case—Gideon v. Wainrightinvolved a criminal trial. Gideon was being triedby the state of Florida.c.Civil Case—Hazelwood v. Kuhlmeierinvolved a private, civil dispute concerningconstitutional rights in which students were seeking relief including injunctions anddamages.d.New Jersey v. T.L.O. was a juvenile case—technically not criminal, but in substancecomparable to a criminal case. The action was brought by the state and was relatedto criminal activity.e.Civil Case—Gutter v. Bollingeris a civil case based on discrimination. It is a privatedispute between the parties over discrimination.f.Criminal Case—Roper v. Simmonsis a criminal case dealing with punishment (deathfor juveniles). Roper was charged and found guilty of a criminal offense.g.Civil Case—New York Times v. Sullivanis a private dispute over First Amendmentrights. No crime is involved.

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Litigation and the Paralegal5h.Civil Case—Sony Corp. of America v. Universal City Studios, Inc.is a civil caseinvolving a copyright dispute. Injunctionsand damages are sought.i.Civil Case—Reichle v. Howards, is a civil lawsuit under 42 U.S.C. § 1983. It was a casein which the plaintiff was seeking money damages for a violation of his civil rights inconnection with an arrest. The plaintiff claimed that he was arrested because ofstatements he made about the vice-president and thus his First Amendment rightswere violated.CHAPTERPROJECT:STARTINGAFORMSFILEEach chapter in the text includes some sample forms.Additionally, a chapter project at the endof each chaptergives the student the opportunity to prepare at least onedocument. The formsfile started by students should includea general index that parallels the table of contents to thetext beginning with Chapter 2, The Courts and Jurisdiction.ANSWERSTOTHEBENNETTCASEASSIGNMENTAssignment for Chapter 1:Preliminary ResearchThe 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, includingsexual harassment (hostile environment), by employers of 15 or more. Same sexharassment is included.b.Equal Pay Act of 1963, which requires equal pay for men and women for equalwork.2.a.Sex discrimination: Discrimination in hiring, termination, promotion, compensation,job training, or any other term, condition, or privilege of employment. Title VII alsoprohibits employment decisions based on stereo types and assumptions aboutabilities, traits, or the performance of individuals on the basis of sex.b.Sexual harassment practices ranging from direct requests for sexual favors toworkplace 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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6CHAPTER 1c.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 numberof employees (or union members), if known;iii. A short description of the alleged violation (the event that caused thecomplaining party to believe that his or her rights were violated); andiv.The date(s) of the alleged violation(s).d.Claim must be filed with EEOC within 180 days from the date of the allegedviolation, 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 afterreceiving a notice of a “right to sue” from EEOC, as stated above. Under Title VII, acharging party also can request a notice of “right to sue” from EEOC 180 days after thecharge was first filed with the Commission and may then bring suit within 90 days afterreceiving 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 personnelpolicies, 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 employeesavailable for witness interviews.Retain all relevant documents.6.Other information: This will vary from student to student, but students should at leastsummarize the section on remedies for violation of Title VII.

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Litigation and the Paralegal7ANSWERSTOTHEDOUGLASSFINANCIALSERVICESINC.CASEASSIGNMENTAssignment for Chapter 1:A memorandum summarizing the factual basis of plaintiff’s claimOffice MemorandumTO:[]FROM: [Student]DATE:RE:Hewitt v. Douglass Financial Services, Inc. et al.Plaintiff, Jessica Hewitt, was seriously injured in an intersection automobile accident. The driverof 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, hehad the green light. A follow-up police investigation showed that Portman had a blood alcohollevel 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 CreativeCatering, who provided and served the alcohol.

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8CHAPTER2:THECOURTSANDJURISDICTIONCHAPTEROUTLINEThe Courts and LitigationI.A.Trial CourtsB.Courts of AppealsC.Courts of Last ResortFederal Court SystemII.A.U.S. District CourtsB.Miscellaneous Federal Trial CourtsC.U.S. Courts of AppealsD.U.S. Supreme CourtState Court SystemsIII.The Courts and the InternetIV.JurisdictionV.A.Subject Matter JurisdictionB.Personal JurisdictionC.In Rem JurisdictionD.Quasi In Rem JurisdictionVenueVI.A.Federal Court VenueB.State Court VenueC.Changing VenueANSWERSTOREVIEWQUESTIONS1.The primary function of trial courts is to provide a forum for the parties to resolve theirfactual disputes. This takes place at a trial in which the parties present evidence to ajudge or jury. The judge or jury then applies appropriate legal principles to the facts toreach a decision regarding the dispute. The primary function of a court of appeals is toreview what happened at the trial court to determine whether any substantial legalerror occurred.2.The federal court system consists of three levels of courts: the U.S. Supreme Court, theU.S. Courts of Appeals, and the U.S. District Courts. In addition, there are miscellaneoustrial courts that have specialized jurisdiction.3.A typical state court system has trial courts and courts of review. Most also have a courtof last review, often called a supreme court. Trial courts are referred to as superiorcourts, supreme courts, circuit courts, city courts, county courts, surrogate courts, and

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The Courts and Jurisdiction9courts of common pleas. Often, there are many specialized trial courts that have thepower 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 incontroversy is small.4.Subject matter jurisdiction is the power that a court has to hear a certain kind of case. Italso 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 shouldrespond 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 incontroversy exceeds $75,000.d.A treaty is involved.6.Exclusive jurisdiction means that a casemustbe brought in a specific court system. Onlyone court system (i.e., federal or state) has the power to hear the case. Concurrentjurisdiction means that a casecanbe brought either in federal court or in state court.Concurrent jurisdiction might also refer to the fact that more than one state hasjurisdiction.7.In general, a state court has personal jurisdiction over defendants who reside in thestate. A state court also has personal jurisdiction over nonresidents where the exerciseof 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 thestate so that the exercise of personal jurisdiction does not offend traditional notions offair play and substantial justice. A state court also has personal jurisdiction over partiesto a lawsuit when the parties agree to appear before the court. Federal courts havepersonal jurisdiction consistent with the jurisdiction of the state in which the federalcourt is located.8.In order for a state to exercise jurisdiction over a nonresident defendant, it must beauthorized by state law to do so. This authorization is found in statutes generally knownas long-arm statutes. Without such a statute, personal jurisdiction is limited todefendants residing within the state.9.Personal jurisdiction means that the court has jurisdiction over the parties and canmake decisions affecting the rights of those parties. In rem jurisdiction means that acourt has jurisdiction over property located within state boundaries and can makedecisions affecting title to that property.10.Venue is the proper geographical location of a court proceeding.

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10CHAPTER 2CHAPTEREXERCISES1.Answers will vary, but because most courts pattern their court structure after thefederal system, the state court structure will probably include trial courts, courts ofappeals, and a court of last resort. The description of trial courts should include thenames and functions of any specialized trial courts such as juvenile courts or probatecourts. Students should pay particular attention to identifying any monetary limits oftrial 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 thechapter. If possible, students should identify and describe the specific instances inwhich a court may exercise jurisdiction over nonresident defendants.3.a.Subject matter jurisdiction is challenged in different ways. In some states, a motionsuch as a motion to dismiss might be appropriate. In other states, a demurrer to thecomplaint may also be proper. Because subject matter jurisdiction can be attackedat any time, even where a demurrer to the complaint is proper, a motion attackingany judgment in the case may be an alternative remedy.b.Personal jurisdiction is usually challenged by motion or by demurrer. However, adefendant may generally waive any defect in personal jurisdiction; therefore,statutes describing the challenge to personal jurisdiction may be more limited inscope. This kind of challenge must often be made at the beginning of theproceedings.c.Venue is generally challenged by making a motion to change venue. The motion isnormally made in the court where the action was commenced. Grounds include thefact that the motion was filed in the wrong judicial district, the parties cannotreceive a fair trial because of pretrial publicity, or the convenience of the witnessesdemands a change.4.There are various possibilities here. If Weigh To Go had registered its name under thefederal trademark rules, then the federal law would establish subject matter jurisdictionfor the federal court. In all probability, your state also has trade name laws that wouldprovide a basis for subject matter jurisdiction of the state court. In such a case, diversityof citizenship would also provide a basis for federal court jurisdiction (unless you are inthe 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 thanone federal district exists within your state, then venue must also be considered. Venuewould be proper where the defendant has its principal place of business. If this actionwere maintained in a state court, that court would have to have general equitablejurisdiction.5.a.The federal court does have diversity jurisdiction here because plaintiffs anddefendants are from different states and the amount requested for each plaintiff

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The Courts and Jurisdiction11exceeds $75,000. The fact that the two plaintiffs are from the same state does notdestroy diversity.b.The federal court does not have diversity jurisdiction here. One of the defendants isa citizen of the same state as the plaintiffs.c.In this case, plaintiffs and defendants are citizens of different states. However, eachplaintiff is claiming under $75,000. The only way that the jurisdictional amountwould 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 areconsidered citizens of the state of incorporation and of the state in which theymaintain their principal place of business. Here, that would be Delaware andCalifornia. Because the plaintiff is a citizen of the state of Washington and theamount claimed exceeds $75,000, the federal court has diversity jurisdiction.6.a.This question requires that students distinguish subject matter jurisdiction frompersonal jurisdiction. The same hypothetical is used in question 5(d) above. In thatquestion, the federal court did have diversity jurisdiction. Here, students mustdetermine if the state of Washington has personal jurisdiction, which is a moredifficult question. The issue is whether the defendant had sufficient contacts withthe state of Washington to meet theInternational Shoerequirements. Here, thequestion suggests that a product is sold nationally through several distributors. Theproduct 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 theInternet. In this situation, the plaintiff is a resident of Maine. The defendant does notsell its product through any vendors located in Maine, and the total revenue derivedfrom sales to Maine residents is very low. The only possible connection that thedefendant has with the state of Maine is through the Web site. Courts have foundthat selling a product through a Web site can be a sufficient contact to establishpersonal jurisdiction. In this case, the defendant does not sell its product throughthe Web site; it only advertises. However, it does list vendors that parties cancontact to purchase products. It is doubtful whether that would be a sufficientcontact since the vendor is located out of state.7.a.International Shoe manufactures and sells shoes. They had no office in Washingtonand made no contracts for sale or purchase of merchandise there. They maintainedno stock of merchandise in that state and made no deliveries of goods in intrastatebusiness. However, they employed 11 to 13 salesmen who resided in the state ofWashington and conducted business in Washington by exhibiting shoes andsoliciting orders. These employees were provided with samples from International

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12CHAPTER 2Shoe and occasionally rented sample rooms at International Shoe’s expense.However, all orders were sent to St. Louis for acceptance or rejection and nocontracts were actually entered into in Washington.b.Yes.c.The Court felt that the activities carried on by International Shoe in the state ofWashington were systematic and continuous. They resulted in a large volume ofinterstate business, in the course of which they received the benefits and protectionof the laws of the state, including the right to resort to the courts for theenforcement 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 thejurisdiction of the state courts.8.State Farm Mut. Auto. Ins. Co. v. Campbell,538 U.S. 408 (2003), deals with theunconstitutionality of large punitive damages. The case is based on the Court’s priordecision inGore v. BMWand is based on the due process clause. The Court held thatwhere punitive damages are out of proportion to the harm suffered due process isviolated. The question inRaeburn(the hypothetical case in this chapter) is not theamount of punitive damages but rather compensatory damages. Students shoulddiscuss whether the due process clause should apply in this situation. Obviously theamount of the award is grossly excessive. Arguably this is similar toStateFarm.However,Raeburndoes not involve punitive damages.9.The case would be appealed to the 6th Circuit.CHAPTERPROJECT:SELECTINGTHEPROPERCOURTThe case ofRaeburn v. Cassidywould obviously be filed in a trial court. In selecting the propertrial 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 inthe judicial district where the defendant resides.ANSWERSTOTHEBENNETTCASEASSIGNMENTAssignment for Chapter 2:Determining Jurisdiction1.If the action is based on New York state law, the state has both subject matter andpersonal jurisdiction. Subject matter results from the fact that the action is based onstate law. The defendant is a resident of Delaware (incorporation) and California(principal place of business). However, the defendant does business within the state ofNew York and the alleged discrimination took place in New York. Therefore, personaljurisdiction exists, as long as New York has an appropriate long-arm statute.

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The Courts and Jurisdiction132.The main courthouse is 60 Centre St., New York, New York, although some departmentsare 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 offederal law. Personal jurisdiction would lie in New York, Delaware (state ofincorporation), 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 aplace subject to the jurisdiction of the United States shall have jurisdiction of actionsbrought under this subchapter.”)4.42 U.S.C. §2000e-5 (f )(3) also controls venue: Such an action may be brought in anyjudicial district in the State in which the unlawful employment practice is alleged tohave been committed, in the judicial district in which the employment records relevantto such practice are maintained and administered, or in the judicial district in which theaggrieved 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 bebrought within the judicial district in which the respondent has his principal office. Forpurposes of sections 1404 and 1406 of Title 28, the judicial district in which therespondent has his principal office shall in all cases be considered a district in which theaction might have been brought.ANSWERSTOTHEDOUGLASSFINANCIALSERVICESINC.CASEASSIGNMENTAssignment for Chapter 2:Name and address of court having jurisdiction of this caseStudents should provide the name and address of the local state court have general subjectmatter jurisdiction.

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14CHAPTER3:PRELIMINARYCONSIDERATIONSANDPROCEDURESCHAPTEROUTLINEDetermining the Existence of a Cause of ActionI.Feasibility of the LawsuitII.Turning Down a CaseIII.Time LimitationsIV.A.Statute of LimitationsB.Claim StatutesC.LachesD.Tickler SystemsEthical Considerations in Accepting a CaseV.A.Competency to Handle the CaseB.Frivolous ClaimsC.Conflict of InterestEthical Considerations after Accepting a CaseVI.A.Communication with the ClientB.Communication with the Opposing PartyC.ConfidentialityD.HonestyE.Attorney Fees and EthicsF.Property of Client—Trust AccountsEthical Considerations and TechnologyVII.A.Confidentiality and Client CommunicationB.Confidentiality and Client InformationC.Document Retention AdviceSpecial Ethical Concerns for ParalegalsVIII.Law Office ProceduresIX.ANSWERSTOREVIEWQUESTIONS1.A cause of action is a legally recognized basis for a lawsuit. A cause of action exists whenthe 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 wina case. They therefore provide a guideline for the gathering of evidence prior to trial. In

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Preliminary Considerations and Procedures15some jurisdictions, facts that support each of the elements of a cause of action must bealleged in the initial pleading.3.The most common time limitation for filing a lawsuit is known as a statute oflimitations. These are statutory time limits for filing a lawsuit, found in appropriatestate or federal codes. Time limits vary depending on the type of case and thejurisdiction. Some cases, such as those against a government entity or the estate of adeceased, may be governed by claim statutes, which require that the defendant beserved with a claim prior to the filing of a lawsuit. Equitable cases are governed by anadditional concept known as laches. Laches prevents lawsuits where they would beunfair.4.A tickler system is a calendaring or tracking system for keeping abreast of importantdates. A case in litigation requires that various documents be filed in court, often bycertain dates, as well as requiring various court appearances by the attorney. A ticklersystem operates to remind the attorneys of these dates. Probably the main importanceof a tickler system, however, is to make certain that the statute of limitations, or otherinitial time requirements, is met.5.Prior to accepting a case, the attorney should verify that the damages claimed justify thecost of litigation. The attorney should also check to determine the ability of thedefendant to pay any judgment.6.When an attorney decides to turn down a case, he should send a letter to the individualexplaining that he cannot accept the case. In this letter he should advise the individual ofany time limitations to pursue the case and be careful about expressing opinionsregarding the merits of the case.7.Before accepting a case an attorney must determine that he is competent to handle thecase, that the claim has merit and is not frivolous, and that there is no conflict of interestwith potential defendants.8.Once a firm agrees to handle a litigation case, several ethical standards control thelitigation 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 otherlaw firms.e.Attorney fees cannot be unreasonable or unconscionable; they should be clearlyexplained to the client and set forth in a written retainer agreement.

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