Paralegal Education: What You'll Learn About Litigation

Civil Litigation Basics in Paralegal Education

One of the most important aspects of your paralegal education is learning the logistics of civil litigation.

Civil litigation is a category of legal disputes between litigants in which a plaintiff seeks money damages or specific performance from a defendant (as opposed to criminal litigation, in which the state seeks criminal sanctions against a defendant for alleged crimes).

Paralegals work on three fundamental elements of civil litigation:

• Pleadings: Formal written statements filed in a court of law which state the cause of action and defense.
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• Motions: Pre-trial motions that challenge the basis of a complaint.
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• Discovery: The information that one party must supply to the other during litigation.

While all jurisdictions are different, many states follow similar rules of civil procedure. These rules, including specific document requirements and deadlines, must be followed meticulously. Learning them thoroughly is a critical part of any paralegal education.

Pleadings: Summons, Complaint and Answer

Since most paralegals work in litigation, all accredited paralegal education will familiarize you with the following legal pleadings:

• A summons is a written notification to the defendant in a lawsuit directing that party to answer the accompanying complaint, and then appear and defend himself at a specified time. If this deadline is missed, a default judgment will be entered against the defendant. As a paralegal, legal assistant or legal secretary, one of your most important tasks is to make sure such responses get filed on time.
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• The complaint establishes the basis for jurisdiction. It states the facts that gave rise to the suit, formulates the issues of the case, and requests the "relief" the plaintiff is seeking, usually monetary compensation.
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• In the answer, a defendant responds to the legal issues raised in the plaintiff's complaint.

During your paralegal education you will learn a lot about pleadings, and you'll study court cases that help illustrate important legal principles. When you get a paralegal job, it's likely that you'll do legal research for, and help draft, these pleadings.

Pre-trial Motions: Motion to Dismiss and Summary Judgment

After receiving a complaint and filing an answer with the court, parties to a lawsuit are allowed to file motions to have the case dismissed. It is up to the court to decide whether these motions have merit. Paralegals help lawyers draft and file pre-trial motions.

• Motion to Dismiss: Lawyers can file a motion to dismiss a case against their client if they believe that a part of the complaint is faulty. Possible problems with complaints include incorrect venue, improper service, or a vague, poorly drafted document. If the court agrees with the arguments in the defendant's motion to dismiss, the judge will dismiss the case.
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• Motion for Summary Judgment: In an attempt to have the case against him thrown out, a defendant may file a motion for summary judgment (MSJ). This motion is filed when the defendant believes that no material facts exist, or when the facts in the complaint are either untrue or not provable. Both sides will file supporting evidence, such as affidavits and deposition transcripts. If an MSJ is granted, there is no need to move on to the discovery phase, because the case is effectively over. If it is denied, the case moves on to discovery.

Litigation paralegals sometimes help lawyers do research for MSJs, collect affidavits and help clients prepare for related depositions. If an MSJ is granted in your favor, it's a major success for your legal team.

Discovery: Interrogatories, Requests for Production and Depositions

Before trial, plaintiff and defendant are allowed to request information and documents from each other. As you'll learn in your paralegal education, paralegals play an essential role the discovery phase of litigation. They help write and answer interrogatories and requests for production of documents, look for evidence in documents they've received, and help organize and conduct depositions.

• Interrogatories: Interrogatories are written questions from plaintiff to defendant, and vice versa. You are obliged to answer all questions contained in the interrogatories you receive, but you may object to questions on specified legal grounds.
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• Requests for Production of Documents: Both parties to a lawsuit are required to produce pertinent documents for inspection, if requested. A large part of your paralegal education will prepare you to request, inventory and search paper and electronic documents to find the evidence needed to win your case.
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• Depositions: In oral depositions, witnesses are questioned under oath (although outside of court) before the beginning of trial. Both parties normally have lawyers present because they may need to counsel their clients or object to inappropriate questions. Paralegals often arrange depositions, including hiring a court reporter or a video specialist to record the proceedings. They may also educate their clients on the best ways to answer questions.

The work that litigation paralegals do is critical to the law firms and companies they work for, as lawyers increasingly rely on paralegals to make the litigation process more efficient and cost-effective. Your paralegal education will prepare you for this litigation support role, whether you work for plaintiffs or defendants.

Sources: Introduction to Law and the Legal System, injuryboard.com, bizjournals.com, abajournal.com

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