Solution Manual for Introduction to Paralegalism: Perspectives, Problems and Skills, 8th Edition

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i’S MANUALTOACCOMPANYINTRODUCTION TOPARALEGALISMPerspectives, Problems,and SkillsEIGHTH EDITIONWilliam P. StatskySOLUTIONSGUIDE

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iiContentsCourse Planning ..........................................................................................................................iiiTeaching in a Paralegal Curriculum ...........................................................................................viThe Skill of Studying ..................................................................................................................xNote Taking ................................................................................................................................xiBasic Writing Skills ....................................................................................................................xiChapter 1: Introduction to The Paralegal Career ........................................................................1Chapter 2: Paralegal Employment .............................................................................................. 18Chapter 3: On-the-Job Realities: The Assertive Paralegal ......................................................... 39Chapter 4: The Regulation of Paralegals .................................................................................... 53Chapter 5: Attorney Ethics and Paralegal Ethics........................................................................ 69Chapter 6 Introduction to the Legal System ............................................................................... 88Chapter 7: Introduction to Legal Analysis.................................................................................. 96Chapter 8: Legal Interviewing ....................................................................................................114Chapter 9: Investigation in a Law Office....................................................................................123Chapter 10: Litigation Assistantship...........................................................................................135Chapter 11: Legal Research ........................................................................................................149Chapter 12: Legal Writing ..........................................................................................................158Chapter 13: Computers in a Law Office .....................................................................................164Chapter 14: Introduction to Law Office Administration ............................................................169Chapter 15: Informal and Formal Administrative Advocacy .....................................................178Review Questions and Answers..................................................................................................181How to Study Review Questions and Answers ..........................................................................312

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Introduction to Paralegalism: Perspectives, Problems, and SkillsiiiCOURSE PLANNINGOver the years, different teachers have used the various editions of the book in several ways:•As the text for a course that introduces the students to law, paralegal roles, ethics, andcore paralegal skills•As the text for a separate course in legal ethics•As the text for a separate course in litigation•As the text for a separate course in legal research and writingThe following comments are relevant to planning for any of these options.COMPETENCY-BASED LEGAL EDUCATIONCourse planning should begin at the end. When your students have completed this course:(1) What specificinformationdo you want them to know about the paralegal career andabout the legal system?(2) What specific skills do you want them to have at an introductory level?The answers to these two questions constitute thecourse competencies. A competency-basedcurriculum is simply one that identifies and targets knowledge and skill competencies at theoutset of the course. Admittedly, the distinction between aknowledge competencyand askillcompetencyis somewhat artificial. To demonstrate what you know is as much a skill as to draft acomplaint. The knowledge competencies call for the skills of understanding and of organizingmaterial in such a way that it can be communicated effectively to others. Yet for planningpurposes, it is useful to separate knowledge from skill, not because they are independent entities,but because the separation can help us as teachers to conceptualize a course into building blocks.Knowledge CompetenciesThe answer to the first question (What specific information do you want the students to knowabout the paralegal career and about the legal system?) identifies theknowledge or informationalcompetenciesof the course. This knowledge or information falls into two categories:•That which the students must understand and give back to you in examinations, e.g., thebasic ethical rules governing paralegals•That to which you simply want to expose the students without requiring that theymemorize it or be tested on it, e.g., the names of local paralegal organizationsAs teachers, we sometimes blur this distinction, or we don’t make the distinction until we finallysit down to write an examination. It is recommended that the distinction be made at thebeginning of the course. The chapters ofIntroduction to Paralegalismcontain a great deal ofinformation. No doubt you will want to supplement this information from your own experienceand research. How much of this information do you want the students toknowby the end of thecourse? What information do you simply want toexposethem to? Consider preparing a detailed

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ivIntroduction to Paralegalism: Perspectives, Problems, and Skillssyllabus in which you identify what information the students will be expected to know afterstudying each chapter or segment of the course.Here are some examples of information that can be the basis of knowledge competencies inthe course:•Any of thekey termsthat follow every chapter in the book and that are defined in themargin and in the glossary•The vocabulary of litigation and of our legal system (see Chapter 10 in this instructor’smanual)•The vocabulary and abbreviations of legal research (see Exhibits 11-1 and 11-2 inChapter 11)Methods will be suggested later on covering this material in class.It is recommended that you encourage the students to compile terminology/vocabulary lists onthe material that they must know. The first step in mastering the knowledge competencies is tocollect definitions through designated readings in the assigned text. The sooner they start, thebetter.Some end-of-chapter assignments focus on definitions. See also the section on definitions in“How to Study Law,” printed at the beginning of the book.Skill CompetenciesThe answer to the second question (What specificskillsdo you want the students to have at anintroductory level?) leads to theskill competenciesof the course. Answering this questionenables you to identify the specific tasks you want the students to be able to perform accordingto predetermined standards. The book covers a number of these tasks at an introductory level,e.g., legal analysis, interviewing, investigation, digesting, and legal research.Since there are many more skills covered in the book than you will be able to teach in anintroductory course, there are a number of different ways in which you can cover skills in thecourse:1.Talk about the skills in class, and the students read some materials on them.2.Do everything mentioned in (1), above,plusengage the students in exercises on theskills, e.g., writing exercises, group problem solving in class, role playing, etc.3.Do everything mentioned in (1) and (2), above,plusrequire as a condition of passing thecourse that the students demonstrate proficiency in the skills according to standards ofperformance that you identify. For these skills, the students should be given a limitednumber of times to redo the task involved until high professional standards are met.Under the first approach, you can cover many skills in the course. You will cover fewer underthe second approach, and fewer still under the third.The following is a list of some of the skills that could be covered in the course:•Break a rule into its elements (Chapter 7)•Phrase legal issues (Chapter 7)•Brief a case (Chapter 7)•Apply a case (Chapter 7)•Prepare an intake memo following a client interview (Chapter 8)

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v•Take a witness statement (Chapter 9)•Draft a complaint (Chapter 10)•Draft a set of interrogatories (Chapter 10)•Digest discovery documents (Chapter 10)•Research a problem in a traditional library (Chapter 11)•Research a problem online (Chapter 13)•Write a memorandum containing legal analysis (Chapters 7 and 12)Later in this instructor’s manual, other skills will be mentioned along with suggestions on how tocover them in the course.Tell the students that they are about to enter a career that requires high standards ofperformance. A minimally acceptable document is not good enough:skilledattorneys constantlyredo or redraft work products until they are done properly. This needs to be said to the studentsover and over. Yet they are unlikely to internalize this reality unless you force them through arewrite process. It is important that you ask them to do things over—to redo them—untilstandards are met. This could be done for one or two of the skills mentioned above for thecourse. There is considerable educational value in making the studentsfeelwhat high standardsmean through such a process. To be sure, you cannot ask for a rewriting of everything. You needto select certain work products and stand by your announcement that a C paper (and maybe evena B– paper) is not good enough.Resources on Competency-Based Education•nces.ed.gov/Pubsearch/pubsinfo.asp?pubid=2002159•ceph.org/assets/Competencies_TA.pdf•en.wikipedia.org/wiki/Competency-based_learningTEACHING IN A PARALEGAL CURRICULUMIn this section of the instructor’s manual, we present some general observations on the art ofteaching an introduction course, or indeed, any course. Compare these notes with your owninstincts and experiences. In almost every course, a vast amount of material is presented to thestudent. As teachers, we constantly wonder: How much do they actually absorb oruse?The teaching/learning experience can involve different levels of the senses: reading,listening, discussing, etc. The following text presents one suggestion on the impact of thisvariety.How We LearnStudentslearn,retain, anduse:•10 percent of what they READ•20 percent of what they HEAR•30 percent of what they SEE•50 percent of what theybothSEE and HEARIntroduction to Paralegalism: Perspectives, Problems, and Skills

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Introduction to Paralegalism: Perspectives, Problems, and Skills•70 percent of what they DISCUSS with others•95 percent of what they are given the opportunity to TEACH someone elseSee Take Charge of Your Training Room(from Marie Wallace), Ellen Callinan, editor, 3Perspectives8, 9 (Fall 1994).Do you think these percentages are accurate? Of course, it is difficult, and perhaps impossible,to know for sure. Mathematical information is always easy to attack. But there certainly is a ring oftruth to this hierarchy. It gives us something to think about as we plan our courses.Characteristics of a Good Paralegal TeacherGood paralegal teachers are logical, organized, alert, concrete, practical, fair, sensitive, secure,and effective.■Alogicalteacher:•Knows that an understanding of a particular topic usually presupposes an understandingof several subtopics•Will not try to cover a topic until its subtopics have been covered■Anorganizedteacher:•Starts on time and ends on time•Fills each class session•Has a plan for the orderly presentation of topics during the class•Gives the students an overview of the topics that will be covered•When presenting a list, numbers the items in the list (“There are four main kinds of …”)and refers to the numbers during the lecture (“First …, second …, third …, etc.”), atregular intervals•Summarizes material covered■Analertteacher:•Makes eye contact with the students•Does not lecture to the back wall•Does not assume that the students fully understand something simply because it wascovered earlier in this course and/or in other courses•Will try to reinforce topics covered earlier before introducing new related topics•Never assumes that the students understand something simply because they are silentwhen the teacher asks, “Do you have any questions?” following a lecture or a readingassignment■Aconcreteteacher:•Avoids the law school professor’s habit of asking questions that are never answered inthe course•Gives definitions of all major black-letter principles mentioned in a lecture, even if thedefinitions are spelled out in the textbookvi

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Introduction to Paralegalism: Perspectives, Problems, and Skills•Gives examples of these definitions and knows the power of well-placed “war stories” toillustrate the definitions•Repeats the definitions■Apracticalteacher:•Stresses the real world rather than solely the world of theory•Lets the students know what they can expect when employed as a paralegal■Afairteacher:•Covers (in class) every topic or theme that the exam will cover•Explains how the students should do the assignments and provides examples of what iswanted in the assignments•Understands that the students are not attorneys and may need considerable help incompleting some of the assignments, particularly the skills assignments•Does not leave the students to wonder what the teacher’s standards of evaluation will be(explanations through examples are given on when an assignment answer or an examanswer will earn an A grade, a B grade, etc.)•Does not let particular students dominate the class discussion■Asensitiveteacher:•Avoids the use ofhe, him, man, etc., in examples that are meant to refer to both sexes•Avoids examples that tend to reinforce stereotypes of any group in society•Never makes fun of a student, even if the student invites ridicule■Asecureteacher:•Is not afraid of asking the students about the weak spots in his or her teaching and oftaking steps to overcome these weaknesses•Is always looking for ways to improve as a teacher■Aneffectiveteacher:•Communicates a sense of enthusiasm about the subject matter of the course•Communicates a sense of enthusiasm about being with these particular students•Is obviously prepared for each class sessionWhat Irritates Students about Teachers•Monotone delivery•Too many digressions•Speaking too fast•Rambling•Disorganization•Condescending attitude toward students (treats them like children)•Thinking his or her (the teacher’s) point of view is always correct•Keeps class beyond the end of sessionvii

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Introduction to Paralegalism: Perspectives, Problems, and Skills•Arrives late for class•Forgets that students are also taking other classesWhat Irritates Teachers about Students•Talking during class•Sleeping during class•Chewing gum, eating, drinking noisily•Surfing the Internet or texting during class•Being late•Cutting class•Acting bored or apathetic•Not paying attention•Being unprepared•Creating disturbancesSometimes the behavior of students and of faculty becomes circular, with each contributingto the undesirable response of the other. Example: students yawn, gaze around the room, andotherwise look bored. The instructor reads this behavior as students not caring and concludes, “Ifthey’re not interested, why should I try to be interesting? I’ll just do it and get it over with.” So,there’s nothing but lecture and endless instructor talk, and more students get bored and yawn andgaze around. See Drew Appleby, Faculty and Student Perceptions of Irritating Behaviors in theCollege Classroom,Journal of Staff, Program & Organization Development, 41–46 (Spring1990); 4 The Teaching Professor 1 (October 1990).Common ErrorsTeachersMake in How They Ask Questions in Class•Asking too many questions at once•Asking questions of the students but answering them yourself•Asking questions only of the brightest or most likeable students•Asking difficult questions too early in the class session and/or in the course•Always asking the same types of questions•Asking questions in a threatening way•Not indicating a change in the type of question•Not using probing questions•Not correcting wrong answers given by students•Ignoring answers•Failing to build on answersSee G. Brown & M. Atkins,Effective Teaching in Higher Education73 (Methuen, 1988); 4 TheTeaching Professor 6 (October 1990).viii

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ixResources On Effective Teaching•www.fau.edu/ctl/EffectiveTeachingStrategies.php•www.facultyfocus.com/topic/articles/effective-teaching-strategies•serc.carleton.edu/NAGTWorkshops/coursedesign/tutorial/strategies.html•www.aft.org/pdfs/americaneducator/spring2012/Rosenshine.pdfTHE SKILL OF STUDYINGStudents want to know the law! They insist on it. Ironically, however, the most valuable thingyou can teach them about the law is how to study it. The techniques of learning are critical inschool and on the job. Frequently, a central concern of a paralegal faced with a new task on thejob is as follows:How do I handle this? I never covered this in school. I’ve never had an assignment likethis before. What do I do?This paralegal obviously needs on-the-job learning skills. Arguably, the most effective paralegalsin the country are those who are not intimidated by what they do not know—because they knowhow to go out and obtain what they need. In short, the most effective paralegals are the ones withthe most effective learning skills. This is the theme of the “How to Study Law” material printedin the textbook just before Chapter 1 begins.If learning skills are so important, why are they rarely, if ever, taught? (Have you ever heardof a course on studying?) The topic is considered too abstract. Teachers prefer to go right to themeaty aspects of a course such as how to incorporate a business, how to draft an order to showcause, or how to file a challenge to a will. Study tips are occasionally provided in an orientationor in the first class of a course. But there is usually no systematic guidance on studying. Teachersusually act on the assumption that students already know how to study.It is admittedly difficult to teach someone to study, or more to the point, to teach someone toincrease the effectiveness of his or her study techniques. Points that can be made in a lectureabout studying include:•Successful attorneys and paralegals consciously or unconsciously are perpetual students.•No attorney or paralegal has ever been graduated from school knowing all the law.Every student should be told to read and reread “How to Study Law” at the beginning ofIntroduction to Paralegalismbefore Chapter 1. Outside of class, try to concentrate your attentionon selected students who may have developed weak study habits.Ask the class to identify what it thinks are, or will probably be, the most difficult aspects ofstudying law. Ask for individual volunteers to make suggestions. Then have a general discussionon the suggestions. Who agrees or disagrees with a point made? How does the class think aparticular problem of studying can be handled? What ideas does the class have to overcome theinterference with studying that a student has identified? A class discussion can be very helpful inemphasizing and adding to the guidelines outlined in “How to Study Law.”The goal is to raise the consciousness of the students about the process of studying. Bring thetopic out of the background. Involve the students in an analysis of the process of studying. A lotIntroduction to Paralegalism: Perspectives, Problems, and Skills

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Introduction to Paralegalism: Perspectives, Problems, and Skillscan be accomplished simply by making the students aware of the need for improvement. It’s notenough simply to say, “Be motivated” or “You’re going to have to be responsible.” Theseadmonitions are, of course, true, but some concrete guidance in the critical but elusive arena ofstudying should also be provided.NOTE TAKINGBecause note taking is so critical to the practice and study of law, you might try an experiment.Have everyone watch a thirty-minute news program and take detailed notes. Everyoneshould watch the same program, but nobody should tape it (except perhaps the teacher).In the next scheduled class following the news program, go over some of the fine detailsmentioned in the broadcast, e.g., names, dates, or what someone was wearing during aninterview. Have a mock contest. Allow every student to ask the rest of the class a factualquestion based on the program. See how many of the other class members can answer thequestion solely from their notes on the program. A good question is an extremely narrowone, e.g., how many people were in the room when the mayor was interviewed for 20seconds on the proposed highway construction?BASIC WRITING SKILLSFinally, a word about writing—not memo or brief writing, not contract drafting, but the muchmore mundane and perhaps unpleasant topics of spelling, punctuation, sentence structure, andparagraph structure. The legal profession is finally realizing that serious deficiencies exist in thisrealm of writing for many law students and hence for many practicing attorneys. Some large lawfirms, for example, have hired part-time English teachers.A recent popular column in the magazineThe Practical Lawyeris called “The GrammaticalLawyer.” It covers topics such as the distinction betweenthatandwhichin clauses. Acomparable level of concern has arguably not occurred in paralegalism. Most teachers ofparalegal courses understandably take the position that it is someone else’s responsibility toworry about spelling and grammar.Unfortunately, students can spend hundreds of hours in classes where the topic of basicwriting is never mentioned. They write scores of papers (exam answers or class assignments) inwhich the topic is given minimal or no attention. Consequently, the students are left with theimpression that they do not have spelling and grammar problems. And some don’t. Manystudents, however, face disaster when they start writing cover letters and résumés and when theystart submitting written work products on the job. The proverbial ton of bricks awaits the studentwho does not realize, for example, that the following words are incorrectly spelled:accomodate,forseeable,andgoverment.What should a conscientious teacher do? You can’t abandon your syllabus; you can’t turnyour course into a grammar class. But you can at least do the following:•Stress the significance of spelling and grammar.•Regularly point out writing lapses in papers that are submitted in your course.•Ask other teachers in the program to do the same.x

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Introduction to Paralegalism: Perspectives, Problems, and Skills•Insist, whenever possible, on rewriting that corrects the lapses emphasized in theguidelines on spelling and grammar in the “How to Study Law” section ofIntroduction toParalegalism.Finally, there are core writing assignments at the end of each chapter that cover both basicwriting skills and legal writing. Their importance should be emphasized.xi

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1CHAPTER ONEIntroduction to the Paralegal Career1.Overview2.Two Truths and a Lie3.Precourse Surveys4.Can You Follow Directions?5.Identifying Course Requirements6.Realities: Becoming a Paralegal in Today’s Market7.Information versus Themes8.An Idea for a Final Exam Question9.Organize a Paralegal Association10.The Major Players11.Websites of the National Paralegal Associations12.Local Resources and Events13.“Day in the Life Of”14.Law and Lawyers in the Media15.Paralegals in the Media16.What’s a Paralegal?17.Are We a Profession?18.STP: Surviving the Plunge19.Lawyer Bashing20.Films with Attorney Themes21.Introduction to the Assignments22.Assignment 1.123.Assignment 1.224.Assignment 1.325.Assignment 1.426.Assignment 1.527.Assignment 1.628.Assignment 1.729.Assignment 1.830.Assignment 1.931.Assignment 1.1032.Assignment 15.71. OVERVIEWChapter 1 serves as an orientation to the course and to the entire paralegal field. The chapter:•Identifies the major players in the creation and further development of the field•Answers some of the most commonly asked questions about paralegals•Provides a historical overview of paralegals

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2Chapter 1 Introduction to the Paralegal CareerIn the following pages, you will find a series of class ideas you may want to consider in teachingChapter 1 and other aspects of the course. Some of these ideas overlap. They are not presented ina suggested order; they are simply a potpourri of ideas, some of which may be helpful to you asyou prepare your lectures for Chapter 1 and later chapters.2.TWOTRUTHS AND ALIEThe exercise “Two Truths and a Lie” can be useful to learn more about the students, to havethem learn more about each other, and to start encouraging them to participate in class. Here ishow the exercise works.•Tell the class that they should identify three facts about themselves that will helpintroduce them to the rest of the class.•Two of the facts will be true, and one will be false.•After each student lists his or her three facts, the rest of the class will vote on which factis the lie.You should also join the fray. Tell three facts about yourself and let the students vote on whichfact is the lie.Here is how one teacher describes the value of this exercise: “As a result of this exercise, thestudents are immediately interested. I learn things about them that might not otherwise come up,so I can connect with them. Because I [now] know unusual things about them, I learn theirnames more quickly and can establish interest in them as individuals, which is conducive to agood learning environment” (Gail Hammer,Introductions, The Law Teacher, p. 5 [Spring,2004]). For more on the exercise, type “two truths and a lie” in Google, Bing, or Yahoo.3.PRECOURSESURVEYSAnother idea for obtaining information about the students is to give them a short survey that willcover their present frame of mind. Why have they decided to enter this field? What priorexperience have they had? What are their expectations? The director of the paralegal programmay know the answers to many or all of these questions, but the teacher of the introductorycourse may not.You should consider using the following Precourse Survey or a similar form to obtain suchinformation. If you use this form, photocopy the questions (a through g) and ask the students tofill out the form during the first class. Or ask them to fill it out at home and hand it in to you atthe beginning of the second class.Precourse SurveyTo help us learn more about you, please answer the following questions:a.Describe your prior work experiences with attorneys, if any.(continued)

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Introduction to Paralegalism: Perspectives, Problems, and Skills3b.What is your definition of a paralegal?c.Describe what you hope to be doing in your career in ten years.d.When this course is over, what do you hope to have learned or accomplished?e.List the main doubts or questions that you have about the paralegal field.f.Describe what you think the relationship between a paralegal and an attorney shouldbe.g.What do you think of the current level of lawyer bashing in the media?______________________________________________________________________________Use the information from this survey to try to identify patterns of information about the students:•What are their major misconceptions about paralegals?•Is there a disparity of work experience among your students? A similarity?•What can you tell about their writing ability from the brief answers provided on the form?•What about their ability to follow instructions? Have they answered the questions thatwere asked?You may learn that some of the students have misinformation about the course and about theparalegal field. This might be quickly cleared up in your introductory lectures. Other data that

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4Chapter 1 Introduction to the Paralegal Careeryou learn from or about the students may call for more drastic steps, e.g., splitting up the classinto sections or arranging counseling sessions with individual students.Here is another Precourse Survey form for your consideration. Using a somewhat differentformat, this survey more directly addresses some of the big issues in paralegalism. Asking thestudents to fill it out and then briefly discussing it could serve as a preview of what is to come inthe remainder of the course. You might want to consider giving this survey twice: once at thebeginning of the course and again at the end.Precourse SurveyRead each statement and circle your reaction to it.a.Paralegals should be licensed so that they can deliver legal services directly to thepublic, independent of attorneys.Strongly AgreeSomewhat AgreeSomewhat DisagreeStrongly DisagreeNot Sureb.All paralegals should be required to take and pass an examination on state and federallaw.Strongly AgreeSomewhat AgreeSomewhat DisagreeStrongly DisagreeNot Surec.The unfavorable image that the public has of attorneys is unfair to attorneys.Strongly AgreeSomewhat AgreeSomewhat DisagreeStrongly DisagreeNot Sured.A paralegal should be allowed to tell his or her spouse about cases the paralegal isworking on at the office.Strongly AgreeSomewhat AgreeSomewhat DisagreeStrongly DisagreeNot Suree.Finding the paralegal job you want will be relatively easy.Strongly AgreeSomewhat AgreeSomewhat DisagreeStrongly DisagreeNot Sure______________________________________________________________________________4.CANYOUFOLLOWDIRECTIONS?At the beginning of Chapter 1, the students are asked, “Do you know what time it is?” Theexercise is designed to teach an important lesson about precision in the law. A comparableexercise is called How Well Can You Follow Directions? To find the instructions for thisexercise, type “Can You Follow Directions?” in Google, Bing, or Yahoo. Photocopy anddistribute the one-page instruction sheet. Give the students three minutes to complete theexercise.As you will see, the first instruction is: “1. Read everything carefully before doing anything.”Most students read this instruction very casually—in fact, too casually. Failure to follow instruction1 causes lots of trouble, but the students won’t realize this until they complete the exercise.

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