Chapter one review questions. Family law for the paralegal by Wilson

REVIEW QUESTIONS

1. Describe five of the ways in which the nature of family law practice has changed over the past fifty years.
   You do not have to have a reason to divorce now i. e. "No Fault Divorce". It used to be the biological parents had all the rights to the children even if somebody else like a grandparent was raising them but now there are grandparent rights and "psychological parents" have rights that can be addressed in Divorce or custody cases. The Ability of same sex couples to marry in some states it was not to long ago when different races could not marry. The sexes are treated more uniformly now it is not always the mother who gets custody of the children and the father might even get spousal support. Reproductive technological advances have made it possible for same sex couples to have children using just their shared DNA now the law must catch up and redefine what a mother and father is and how to deal with that custody issue.
   
2. Define family law and identify the kinds of issues that are addressed in a family law practice. Family law deals with the forming and dissolution of a family or marriage. Some of the things other than marriage and divorce are deciding custody of minor children, spousal support, prenuptial agreements, cohabitation agreements and adoption.
   
3. Describe the role of a paralegal in a family law practice. Depending on the size of the practice the role can be doing everything secretarial interviewing clients to drafting appellate briefs
   
4. Identify the primary purposes of an initial client interview. To screen for conflicts of interest, to see if the matter to be handled is in the scope of the attorneys knowledge and if the client is a good fit.
   
5. Describe the characteristics of effective fee agreements, and identify the various types of fee agreements that may be used in divorce cases. The agreements plainly state the responsibilities of the lawyer and the client and how the fee will be determined. It might be a flat rate for something a lawyer does commonly like an uncontested divorce without children. Or an hourly rate depending on the whose services are utilized such as a paralegal or lawyer. Also all other costs to be borne by the client. It is common for the Lawyer to collect payment up front in the form of a retainer and the fees will be deducted from that amount and the difference returned or more collected.
   
6. Define unbundled legal services. When the lawyer only does part of the work and the client acts for themselves or "pro se' or "pro per" Latin for "for ones self" It takes a special fee agreement outlining the limited scope of the attorneys work.
   
7. Identify the kinds of resources included in a basic family law library. It should consist of the State statutory code, court rules, case law, Practice Manuals like the ICLE guides, Form books, legal dictionary, citation manual and legal newspapers.
   
8. Define jurisdiction in both of its basic meanings. 1 the geographical area in which the court has jurisdiction over. Like the Supreme court of Michigan has jurisdiction over things that occur in Michigan. 2 What people, type of legal matter or things. Like Wills are handled by the probate court.
   

1. Define and distinguish among subject matter, personal, and in rem jurisdiction.
   An example of Subject matter would be like are circuit courts ability to hear Civil and Criminal cases. An example of personal jurisdiction would be the courts ability to force an individual to pay child support and if they do not, then to put them into jail. The court must first notify the person of the pending action usually using a process server but can also be by the mail or posting in a newspaper. In Rem jurisdiction applies to State of Michigan's power over property inside of it borders,
   

Identify at least ten ethical "dos" that should guide the professional conduct of paralegals.
Do: Communicating with client

Do: Researching legal issues with attorney supervision

Do: Let client know from start you are not a lawyer and can not give advice

Do: Give client factual information

Do: Recognizing and avoiding conflicts of interest

Do: Protecting client secrets

Do: Observing ethical guidelines

Do: Join Paralegal organizations

Do: Continuing education

Do: Become certified.

 

1. Define and give an example of the unauthorized practice of law. If you give any advice on what to do in or on a legal matter. An example would be telling someone to file a certain form with the court.
   
2. Describe at least three kinds of conflicts of interest that paralegals encounter in the family law setting. Someone in the law firm has handled a matter opposing this particular client. If you have such a strong bias or aversion to some one you can not objectively represent them ( I could not represent some one I thought to be a pedophile for instance).
   

   Where you have a financial interest in the matter
   

3. Describe the nature and purpose of an "ethical wall." If someone in the firm has a conflict of interest from a previous job you put up an ethical wall where that person does not talk about anything they know and are not allowed to know or see anything
   
4. Distinguish between the attorney-client privilege and the ethical rule of attorney-client confidentiality. In the attorney-client privilege the client has to give permission for the attorney to give evidence about what they talked about with few exceptions.
   

   The ethical rule of attorney – client confidentiality is outlined in professional codes of ethics the codes say the attorney may not ethically reveal any information about the case, client or preparation of the case if the information was given while seeking legal advice. There are some exceptions such as if they spoke in front of a third person when talking to the lawyer. Or if the lawyer needed to use the information to defend himself in a legal action. Or if not telling will cause great bodily harm to someone.