,Solution manual for The Litigation Paralegal A
Systems Approach, 7th Edition James W. H.
McCord
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
Solution and Answer Guide
MCCORD/TEPPER, LITIGATION PARALEGAL 2024, 9780357767337; CHAPTER 1: WELCOME TO THE LAW OFFICE:
FOUNDATIONS FOR LITIGATION
TABLE OF CONTENTS
Questions for Study and Review .........................................................................................................2
Application Assignments ....................................................................................................................5
Case Assignments ..............................................................................................................................7
Ethics Assignment ..............................................................................................................................8
System Folder Assignments ................................................................................................................8
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
QUESTIONS FOR STUDY AND REVIEW
1. Define paralegal.
Answer: A paralegal assists attorneys in preparing client cases. This includes assisting in
interviews, investigation, document preparation, pre- and post-trial activities, trial and
settlement, and any other activities permitted by statute or case law.
2. Why is a paralegal valuable to a law firm? Identify significant legal authority on billing for
paralegal time.
Answer: Paralegals can perform a multitude of tasks more economically for the client. This
includes preparing letters, preparing documents, and investigative functions when necessary.
Missouri v. Jenkins is the U.S. Supreme Court case that recognized that a paralegal’s time can be
billed as a fee and awarded by the court in assessing attorney’s fees.
3. Why are timekeeping and deadline control important?
Answer: Timekeeping is critical to billing. Deadline control is key in assignments, especially those
dealing directly with a court.
4. What are some ethical concerns regarding timekeeping and billing?
Answer: Paralegals cannot set fees for a client and cannot split fees with an attorney. The
paralegal cannot perform tasks that are considered the unauthorized practice of law.
5. What are some of the advantages and pitfalls in using social media in the law office setting?
Answer: Social media has a myriad of uses and advantages, such as a networking tool to gain
additional client business or even to see or hear what other law firms are doing. Firms are using
social media as a way to promote their services and specializations to a target audience. It is an
inexpensive way to promote the firm. Keeping up with social media through posting information
can be time consuming, but well worth it. It helps law firms understand the needs of the client,
see what people are talking about, and check to see what the competition is doing. But social
media is not without its drawbacks and restrictions. Always remember that client confidentiality
is fundamental to the practice of law. Using social media is no exception. That means don’t
engage with clients or potentials clients in discussions about their cases as no one wants to cross
any legal or professional ethical lines.
6. Define professional ethics in the context of the practice of law.
Answer: Professional ethics, as applied to attorneys, refers to the rules of conduct that govern
the practice of law.
7. Why are professional ethics so important to a law firm?
Answer: A breach of ethical standards will reflect badly upon the firm or employer and may also
lead to the disbarment of an attorney. It may cost a paralegal his or her job and subject the
paralegal to prosecution for the unauthorized practice of law.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
8. What are the things a paralegal may not do?
Answer: Paralegals may not perform any of the following functions:
a. Provide legal services directly to the public without the supervision of an attorney. More
states and the federal system are permitting paralegals to represent the public in limited
controlled settings, such as landlord/tenant matters, immigration, and Social Security cases.
b. Give legal advice or counsel a client. Legal advice is independent professional judgment
based on knowledge of the law and given for the benefit of a particular client.
c. Represent a client in court or other tribunal or otherwise act as an advocate for a client
unless specifically permitted to do so by law or rule of court. (See previous answer part a for
further clarification.)
d. Accept or reject cases for the firm.
e. Set any fee for representation of a client.
f. Split legal fees with an attorney (bonuses and profit-sharing plans not tied to a specific case
are permissible).
g. Be a partner with a lawyer if any of the activities of the partnership include the practice of
law [exception: the District of Columbia Ethics Rule 5.4(b)]. The American Bar Association
rejected a proposal to relax the prohibition against fee sharing and multidisciplinary
practice.
h. Solicit cases for a lawyer.
i. Perform tasks that are the unauthorized practice of law as defined in the pertinent state.
9. What are the seven criteria that assure a paralegal’s actions will not be or cause a breach of
ethics?
Answer:
1. The task must be delegated by an attorney.
2. It must be performed under an attorney’s supervision.
3. Paralegals must clearly designate their status as a paralegal.
4. The lawyer must retain a direct relationship with the client (the attorney must retain control
over the relationship).
5. The task must involve information gathering or be ministerial and cannot involve the
rendering of legal advice or judgment (unless the legal advice or judgment is provided by the
paralegal directly to the attorney).
6. The work must be given final approval or be examined by the attorney.
7. The work must not have a separate identity but merge with the attorney’s final work
product.
10. What is a conflict of interest and the rationale for the relevant ethical standards?
Answer: A paralegal should avoid and reveal any conflicts of interest. This requirement rests on
the rationale that citizens must have faith in the legal system to seek the peaceful resolution of
their disputes. Because conflicts of interest can dilute an attorney’s allegiance to the client and
damage independent professional judgment, they are barred by the Model Rules of Professional
Responsibility. A paralegal must also be loyal to the client and avoid such conflicts.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 3
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
11. What is meant by the term professional loyalty as applied to your fellow workers? The client?
The practice of law?
Answer: In professional working relationships, mutual respect and loyalty between employer
and employees is especially important. Publicly criticizing one’s fellow workers or one’s clients,
who deserve the utmost courtesy, respect, and a legal professional's every effort to preserve
their dignity, is not consistent with professional loyalty. Relationships with clients must always
be kept on a professional level. If a relationship becomes too personal, it threatens objectivity,
confidentiality, and one’s loyalty to the firm. Professional loyalty to the firm extends to the
practice of law, which supersedes loyalty to any specific individual. Attorneys are directed to call
attention to the unethical practices of other attorneys, or, in some instances, of the illegal
conduct of their own clients to avoid assisting in fraud or crime.
12. What are the characteristics of the common components of court systems in the United States?
Answer: The federal and state court systems have at least two types of courts in common: the
trial court and the appellate court.
13. What is jurisdiction? Define the various kinds of jurisdiction: geographical, personal, general,
and so on.
Answer: Jurisdiction is the power or authority of a court to hear and decide the questions of law
or fact (or both) presented by a lawsuit. Most courts have geographical jurisdiction, meaning
that they hear cases that arise within specific geographical boundaries. The court also has
personal (in personam) jurisdiction. This means the court must have the power over the
particular person named in the lawsuit to enter a judgment against that person. In rem
(property) jurisdiction is the authority of the court to attach (seize) property (real estate,
jewelry, bank deposits, or other property) within its geographical jurisdiction to resolve claims to
the property. Quasi in rem jurisdiction is the authority of a court to seize and use property
(within its jurisdiction) of a defendant over whom it does not have personal jurisdiction to pay a
judgment against the defendant entered in an action indirectly related or unrelated to the
property. If a court has general jurisdiction, it can hear all types of cases. Most states have trial
courts of general jurisdiction in which subject matter jurisdiction is assumed unless one party
can demonstrate that the court does not have the necessary subject matter jurisdiction. Original
jurisdiction indicates that cases first enter the system at this court level—they “originate” here.
Most trial courts are courts of original jurisdiction. A court has limited jurisdiction if its authority
to hear and decide cases is limited to specific types of cases. Limited jurisdiction becomes
exclusive jurisdiction if a court is the only court permitted to handle a specific type of case.
14. What are the personal jurisdictional considerations regarding a defendant when the Internet is
involved?
Answer: Refer to Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997). The
Zippo case created a new test that focused on Internet cases—a sliding-scale test based on the
quality and nature of the Internet activity. Was the defendant actively doing business through
the Internet or was the defendant simply posting information (which the court referred to as
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 4
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
“passive”)? Where the activity is passive, the court will not assert jurisdiction. The test must be
applied on a case-by-case basis by examining the level and nature of the activity of the Internet
business involved. Although the Zippo analysis has been adopted by the majority of federal
courts, there is no commonly accepted test for Internet cases.
15. What three things must a court have in order to hear a case and bind a party to the court’s
decision? Be able to apply these concepts to determine what court or courts can hear a lawsuit
depending on domiciles of the parties and other factors.
Answer: A court must have subject matter jurisdiction and venue. Of the courts that have both
subject matter jurisdiction and venue, it must be determined which, if any, of these courts have
personal jurisdiction (or in the case of property such as real estate, which has in rem jurisdiction
over the property). To gain personal jurisdiction over the defendant, the defendant must be
served with a summons and complaint.
APPLICATION ASSIGNMENTS
1. Using the ethical standards and rules cited in this section, answer the following questions on
ethics.
a. You have just researched an issue and have found that inattentive driving is a breach of the
duty of care that a driver owes to others. In a phone conversation the client asks you, “If the
driver of the vehicle that struck was inattentive, is he in the wrong?” How should you
answer?
Answer: “I’ll ask [attorney] and get back to you,” or “In response to your question,
[attorney] says ‘yes, the driver would be in the wrong.’”
b. Ms. Pearlman asks you to draft a release of medical information form for a client. This form
is then signed by the client and given to the hospital. Under what conditions can you do this
and avoid the unauthorized practice of law?
Answer: The task must be delegated by an attorney; the attorney will have to review it for
accuracy; the paralegal will have to identify himself or herself as a paralegal in any dealings
with the client; and the attorney will have to maintain control over the client’s case. This
task must not involve the giving of any legal advice and must merge with the overall final
work product of the attorney on behalf of the client.
c. You are working on a client’s case for Ms. Pearlman. She is gone, so you want to consult
with Mr. White, another attorney in the firm. To do so, however, you must reveal to Mr.
White some confidential information about the client. Would this be a breach of
confidentiality?
Answer: No. the authorization for this disclosure is implied under Rule 1.6(a).
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 5
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
2. You are a paralegal working for an attorney who has represented Safe Bet Insurance Company.
A potential client wants to sue Safe Bet. Is there a potential conflict of interest, and if so, may
your attorney represent the new client?
Answer: The ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion
05-435 (Dec. 8, 2004) says that if the former client and potential client are informed and both
consent, representation of the latter is okay. The opinion adds, however, that this practice is
likely to lead to distrust.
3. In interviewing a client, you and your attorney are convinced that some information provided by
the client is false. What consequences can result from the presentation of such information to
the court? What model rule of professional conduct applies?
Answer: The finding that the lawyer is in a serious ethical breach as defined in Rule 3.3(4) could
lead to disbarment. The paralegal could be removed from membership in local or national
paralegal associations.
4. Determine in which courts subject matter jurisdiction, personal jurisdiction, and venue exist in
the following problems.
a. M, a resident of Wisconsin, and O, a resident of Minnesota, sue Corporations X and Y for
industrial injuries amounting to $40,000 for each plaintiff resulting from an accident that
occurred in Illinois. X is incorporated in Delaware and Ohio, and Y is incorporated in North
Carolina with its principal place of business in Ohio.
Answer: There is not federal jurisdiction because the plaintiffs cannot aggregate the claims
to make the jurisdictional amount. All states mentioned have general jurisdiction. State
venue exists in at least Delaware and Ohio for X, in North Carolina and Ohio for Y, and in
Illinois for both X and Y because that is where the action arose. Personal jurisdiction,
however, can be gained only in Ohio over both defendants. The action must be brought in
Ohio state court or as two separate actions in any of their resident states.
b. J and K reside in Oregon and sue R, who resides in Kentucky, and S, who resides in
Washington, for a tort (libel) amounting to injuries exceeding $75,000 each, which occurred
in Washington.
Answer: All state and federal courts have subject matter jurisdiction (there is diversity).
Venue rests in state courts in Kentucky (for R) and in Washington (for S), and in Washington,
where the claim arose. Federal venue for a diversity action against R exists in the district in
Kentucky where R resides. Venue for an action against S exists in Washington, where S
resides. Venue for an action against both R and S exists in Washington, where the
substantial event arose. Personal jurisdiction for a state action exists in Kentucky for R only
and in Washington for S only. Personal jurisdiction for a federal action exists in Kentucky for
R and in Washington for S. Unless Washington has a long-arm statute that reaches
tortfeasors, a separate action must be brought against R and S in both states and in their
respective federal districts. If Washington has an appropriate long-arm statute, both a joint
state and federal action can be brought in the state of Washington.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 6
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
5. Glitter is a corporation that rents expensive jewelry to businesses and individuals. It is
incorporated in Delaware and has its principal place of business in northern Indiana. It is
licensed to do business in every state except Alaska and Hawaii. Flick, Inc., is a movie company
incorporated in Idaho with its principal place of business in Utah. It does no business to speak of
in any other state.
During Flick’s filming in Nevada, an expensive necklace rented from Glitter falls into a piece of
machinery on the set and is destroyed. Glitter wants to sue Flick for negligently destroying the
jewelry (worth $700,000). Flick decides to sue Glitter, blaming the loss of a week’s filming on the
loss of the necklace, which they claim was caused by a faulty clasp made by Glitter. Answer the
following and provide an explanation for your response.
a. If Glitter sues Flick, is there subject matter jurisdiction in federal district court?
Answer: Yes.
b. What, if any, kind of subject matter jurisdiction exists in federal district court?
Answer: Diversity.
c. What issue concerning personal jurisdiction exists when considering suit by Glitter against
Flick in Nevada state and federal court?
Answer: Whether the state has a long-arm statute that will permit personal jurisdiction on
Flick for having filmed one movie in Nevada, where the action arose.
d. Aside from Nevada, in what state and federal courts can Glitter sue Flick?
Answer: State courts: Idaho and Utah. Federal courts: District of Idaho and District of Utah.
e. If Flick sues Glitter, does venue exist in the state courts of Idaho and Utah? Why or why not?
Answer: No. State court venue normally rests in the state of the defendant and where the
action arose.
CASE ASSIGNMENTS
1. Your law firm has been hired to represent Ann Forrester in her lawsuit against Mercury Parcel
Services, Inc. and its driver Richard Hart. Determine in what court would any future lawsuit be
filed and explain the basis for your decision.
Answer: State of Columbia: Middleton County.
2. As Mrs. Forrester's attorneys, what ethical obligations do you have regarding any
communications you have with her regarding her potential lawsuit? What ethical obligations
does your law firm have with regard to Mrs. Forrester's husband William?
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 7
website, in whole or in part.
, Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
Answer: A confidential relationship is created between the firm and Mrs. Forrester. That
relationship is with her and not her husband. As a paralegal, all communications with Mrs.
Forrester are privileged and confidential.
ETHICS ASSIGNMENT
1. You find out that one of the paralegals in the firm is looking for a job with another law firm. He
has been providing information to one of the opposing counsels on a case to cull favor with the
attorney—hoping to land a new job. What are your ethical obligations in this situation? Should
you report this to a superior or keep the information to yourself?
Answer: You are bound by your ethical obligations to uphold the interests of the firm and the
client and thus must alert your supervisor about the actions of the other paralegal. Paralegals
must be ever mindful of the high standard of professional ethics to which their actions must
conform. A breach of ethical standards will reflect badly upon the law firm and may also lead to
the disbarment of one or more of the attorneys involved. It may cost you your job and subject
you to prosecution for the unauthorized practice of law. Thus, be aware of your ethical and
professional responsibilities as a paralegal working in the legal profession. Paralegal ethical
standards, for all practical purposes, are the same as those for attorneys. As a paralegal, you
must always maintain the confidentiality of clients, be honest, and avoid conflicts of interest.
SYSTEM FOLDER ASSIGNMENTS
1. Set up a three-ring binder or electronic equivalent with the tab dividers arranged as described in
the litigation system section of the text. Copies of the office structure and forms previously
discussed should be placed in the systems folder as indicated in Appendix A. Begin a table of
contents for your systems folder and add any information assigned by your instructor.
Answer: This assignment starts the use of the system. If you decide to have the students
develop a systems folder, the setting up of the folder needs considerable emphasis now and
throughout the course. You many choose to have the folder turned in periodically for
evaluation. Unannounced and random spot checks or turn-ins for a grade might help fight
inevitable procrastination.
2. Look up your state’s ethical rules that govern confidentiality, conflict of interest, attorney
supervision of lay persons and legal assistants, professional integrity, and others. Record the
rule numbers in an ethics section of your systems folder. Look up your state’s unauthorized
practice of law statute; note the wording and the possible penalties. You might want to add this
to your folder. As you read further in this text and in other sources, insert in your folder the
citations for key ethical rules and guidelines.
Answer:
What a paralegal may not do:
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 8
website, in whole or in part.
Systems Approach, 7th Edition James W. H.
McCord
Notes
1- The file is chapter after chapter.
2- We have shown you few pages sample.
3- The file contains all Appendix and Excel
sheet if it exists.
4- We have all what you need, we make
update at every time. There are many new
editions waiting you.
5- If you think you purchased the wrong file
You can contact us at every time, we can
replace it with true one.
Our email:
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
Solution and Answer Guide
MCCORD/TEPPER, LITIGATION PARALEGAL 2024, 9780357767337; CHAPTER 1: WELCOME TO THE LAW OFFICE:
FOUNDATIONS FOR LITIGATION
TABLE OF CONTENTS
Questions for Study and Review .........................................................................................................2
Application Assignments ....................................................................................................................5
Case Assignments ..............................................................................................................................7
Ethics Assignment ..............................................................................................................................8
System Folder Assignments ................................................................................................................8
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 1
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
QUESTIONS FOR STUDY AND REVIEW
1. Define paralegal.
Answer: A paralegal assists attorneys in preparing client cases. This includes assisting in
interviews, investigation, document preparation, pre- and post-trial activities, trial and
settlement, and any other activities permitted by statute or case law.
2. Why is a paralegal valuable to a law firm? Identify significant legal authority on billing for
paralegal time.
Answer: Paralegals can perform a multitude of tasks more economically for the client. This
includes preparing letters, preparing documents, and investigative functions when necessary.
Missouri v. Jenkins is the U.S. Supreme Court case that recognized that a paralegal’s time can be
billed as a fee and awarded by the court in assessing attorney’s fees.
3. Why are timekeeping and deadline control important?
Answer: Timekeeping is critical to billing. Deadline control is key in assignments, especially those
dealing directly with a court.
4. What are some ethical concerns regarding timekeeping and billing?
Answer: Paralegals cannot set fees for a client and cannot split fees with an attorney. The
paralegal cannot perform tasks that are considered the unauthorized practice of law.
5. What are some of the advantages and pitfalls in using social media in the law office setting?
Answer: Social media has a myriad of uses and advantages, such as a networking tool to gain
additional client business or even to see or hear what other law firms are doing. Firms are using
social media as a way to promote their services and specializations to a target audience. It is an
inexpensive way to promote the firm. Keeping up with social media through posting information
can be time consuming, but well worth it. It helps law firms understand the needs of the client,
see what people are talking about, and check to see what the competition is doing. But social
media is not without its drawbacks and restrictions. Always remember that client confidentiality
is fundamental to the practice of law. Using social media is no exception. That means don’t
engage with clients or potentials clients in discussions about their cases as no one wants to cross
any legal or professional ethical lines.
6. Define professional ethics in the context of the practice of law.
Answer: Professional ethics, as applied to attorneys, refers to the rules of conduct that govern
the practice of law.
7. Why are professional ethics so important to a law firm?
Answer: A breach of ethical standards will reflect badly upon the firm or employer and may also
lead to the disbarment of an attorney. It may cost a paralegal his or her job and subject the
paralegal to prosecution for the unauthorized practice of law.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 2
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
8. What are the things a paralegal may not do?
Answer: Paralegals may not perform any of the following functions:
a. Provide legal services directly to the public without the supervision of an attorney. More
states and the federal system are permitting paralegals to represent the public in limited
controlled settings, such as landlord/tenant matters, immigration, and Social Security cases.
b. Give legal advice or counsel a client. Legal advice is independent professional judgment
based on knowledge of the law and given for the benefit of a particular client.
c. Represent a client in court or other tribunal or otherwise act as an advocate for a client
unless specifically permitted to do so by law or rule of court. (See previous answer part a for
further clarification.)
d. Accept or reject cases for the firm.
e. Set any fee for representation of a client.
f. Split legal fees with an attorney (bonuses and profit-sharing plans not tied to a specific case
are permissible).
g. Be a partner with a lawyer if any of the activities of the partnership include the practice of
law [exception: the District of Columbia Ethics Rule 5.4(b)]. The American Bar Association
rejected a proposal to relax the prohibition against fee sharing and multidisciplinary
practice.
h. Solicit cases for a lawyer.
i. Perform tasks that are the unauthorized practice of law as defined in the pertinent state.
9. What are the seven criteria that assure a paralegal’s actions will not be or cause a breach of
ethics?
Answer:
1. The task must be delegated by an attorney.
2. It must be performed under an attorney’s supervision.
3. Paralegals must clearly designate their status as a paralegal.
4. The lawyer must retain a direct relationship with the client (the attorney must retain control
over the relationship).
5. The task must involve information gathering or be ministerial and cannot involve the
rendering of legal advice or judgment (unless the legal advice or judgment is provided by the
paralegal directly to the attorney).
6. The work must be given final approval or be examined by the attorney.
7. The work must not have a separate identity but merge with the attorney’s final work
product.
10. What is a conflict of interest and the rationale for the relevant ethical standards?
Answer: A paralegal should avoid and reveal any conflicts of interest. This requirement rests on
the rationale that citizens must have faith in the legal system to seek the peaceful resolution of
their disputes. Because conflicts of interest can dilute an attorney’s allegiance to the client and
damage independent professional judgment, they are barred by the Model Rules of Professional
Responsibility. A paralegal must also be loyal to the client and avoid such conflicts.
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 3
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
11. What is meant by the term professional loyalty as applied to your fellow workers? The client?
The practice of law?
Answer: In professional working relationships, mutual respect and loyalty between employer
and employees is especially important. Publicly criticizing one’s fellow workers or one’s clients,
who deserve the utmost courtesy, respect, and a legal professional's every effort to preserve
their dignity, is not consistent with professional loyalty. Relationships with clients must always
be kept on a professional level. If a relationship becomes too personal, it threatens objectivity,
confidentiality, and one’s loyalty to the firm. Professional loyalty to the firm extends to the
practice of law, which supersedes loyalty to any specific individual. Attorneys are directed to call
attention to the unethical practices of other attorneys, or, in some instances, of the illegal
conduct of their own clients to avoid assisting in fraud or crime.
12. What are the characteristics of the common components of court systems in the United States?
Answer: The federal and state court systems have at least two types of courts in common: the
trial court and the appellate court.
13. What is jurisdiction? Define the various kinds of jurisdiction: geographical, personal, general,
and so on.
Answer: Jurisdiction is the power or authority of a court to hear and decide the questions of law
or fact (or both) presented by a lawsuit. Most courts have geographical jurisdiction, meaning
that they hear cases that arise within specific geographical boundaries. The court also has
personal (in personam) jurisdiction. This means the court must have the power over the
particular person named in the lawsuit to enter a judgment against that person. In rem
(property) jurisdiction is the authority of the court to attach (seize) property (real estate,
jewelry, bank deposits, or other property) within its geographical jurisdiction to resolve claims to
the property. Quasi in rem jurisdiction is the authority of a court to seize and use property
(within its jurisdiction) of a defendant over whom it does not have personal jurisdiction to pay a
judgment against the defendant entered in an action indirectly related or unrelated to the
property. If a court has general jurisdiction, it can hear all types of cases. Most states have trial
courts of general jurisdiction in which subject matter jurisdiction is assumed unless one party
can demonstrate that the court does not have the necessary subject matter jurisdiction. Original
jurisdiction indicates that cases first enter the system at this court level—they “originate” here.
Most trial courts are courts of original jurisdiction. A court has limited jurisdiction if its authority
to hear and decide cases is limited to specific types of cases. Limited jurisdiction becomes
exclusive jurisdiction if a court is the only court permitted to handle a specific type of case.
14. What are the personal jurisdictional considerations regarding a defendant when the Internet is
involved?
Answer: Refer to Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997). The
Zippo case created a new test that focused on Internet cases—a sliding-scale test based on the
quality and nature of the Internet activity. Was the defendant actively doing business through
the Internet or was the defendant simply posting information (which the court referred to as
© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible 4
website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
“passive”)? Where the activity is passive, the court will not assert jurisdiction. The test must be
applied on a case-by-case basis by examining the level and nature of the activity of the Internet
business involved. Although the Zippo analysis has been adopted by the majority of federal
courts, there is no commonly accepted test for Internet cases.
15. What three things must a court have in order to hear a case and bind a party to the court’s
decision? Be able to apply these concepts to determine what court or courts can hear a lawsuit
depending on domiciles of the parties and other factors.
Answer: A court must have subject matter jurisdiction and venue. Of the courts that have both
subject matter jurisdiction and venue, it must be determined which, if any, of these courts have
personal jurisdiction (or in the case of property such as real estate, which has in rem jurisdiction
over the property). To gain personal jurisdiction over the defendant, the defendant must be
served with a summons and complaint.
APPLICATION ASSIGNMENTS
1. Using the ethical standards and rules cited in this section, answer the following questions on
ethics.
a. You have just researched an issue and have found that inattentive driving is a breach of the
duty of care that a driver owes to others. In a phone conversation the client asks you, “If the
driver of the vehicle that struck was inattentive, is he in the wrong?” How should you
answer?
Answer: “I’ll ask [attorney] and get back to you,” or “In response to your question,
[attorney] says ‘yes, the driver would be in the wrong.’”
b. Ms. Pearlman asks you to draft a release of medical information form for a client. This form
is then signed by the client and given to the hospital. Under what conditions can you do this
and avoid the unauthorized practice of law?
Answer: The task must be delegated by an attorney; the attorney will have to review it for
accuracy; the paralegal will have to identify himself or herself as a paralegal in any dealings
with the client; and the attorney will have to maintain control over the client’s case. This
task must not involve the giving of any legal advice and must merge with the overall final
work product of the attorney on behalf of the client.
c. You are working on a client’s case for Ms. Pearlman. She is gone, so you want to consult
with Mr. White, another attorney in the firm. To do so, however, you must reveal to Mr.
White some confidential information about the client. Would this be a breach of
confidentiality?
Answer: No. the authorization for this disclosure is implied under Rule 1.6(a).
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website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
2. You are a paralegal working for an attorney who has represented Safe Bet Insurance Company.
A potential client wants to sue Safe Bet. Is there a potential conflict of interest, and if so, may
your attorney represent the new client?
Answer: The ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion
05-435 (Dec. 8, 2004) says that if the former client and potential client are informed and both
consent, representation of the latter is okay. The opinion adds, however, that this practice is
likely to lead to distrust.
3. In interviewing a client, you and your attorney are convinced that some information provided by
the client is false. What consequences can result from the presentation of such information to
the court? What model rule of professional conduct applies?
Answer: The finding that the lawyer is in a serious ethical breach as defined in Rule 3.3(4) could
lead to disbarment. The paralegal could be removed from membership in local or national
paralegal associations.
4. Determine in which courts subject matter jurisdiction, personal jurisdiction, and venue exist in
the following problems.
a. M, a resident of Wisconsin, and O, a resident of Minnesota, sue Corporations X and Y for
industrial injuries amounting to $40,000 for each plaintiff resulting from an accident that
occurred in Illinois. X is incorporated in Delaware and Ohio, and Y is incorporated in North
Carolina with its principal place of business in Ohio.
Answer: There is not federal jurisdiction because the plaintiffs cannot aggregate the claims
to make the jurisdictional amount. All states mentioned have general jurisdiction. State
venue exists in at least Delaware and Ohio for X, in North Carolina and Ohio for Y, and in
Illinois for both X and Y because that is where the action arose. Personal jurisdiction,
however, can be gained only in Ohio over both defendants. The action must be brought in
Ohio state court or as two separate actions in any of their resident states.
b. J and K reside in Oregon and sue R, who resides in Kentucky, and S, who resides in
Washington, for a tort (libel) amounting to injuries exceeding $75,000 each, which occurred
in Washington.
Answer: All state and federal courts have subject matter jurisdiction (there is diversity).
Venue rests in state courts in Kentucky (for R) and in Washington (for S), and in Washington,
where the claim arose. Federal venue for a diversity action against R exists in the district in
Kentucky where R resides. Venue for an action against S exists in Washington, where S
resides. Venue for an action against both R and S exists in Washington, where the
substantial event arose. Personal jurisdiction for a state action exists in Kentucky for R only
and in Washington for S only. Personal jurisdiction for a federal action exists in Kentucky for
R and in Washington for S. Unless Washington has a long-arm statute that reaches
tortfeasors, a separate action must be brought against R and S in both states and in their
respective federal districts. If Washington has an appropriate long-arm statute, both a joint
state and federal action can be brought in the state of Washington.
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website, in whole or in part.
,Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
5. Glitter is a corporation that rents expensive jewelry to businesses and individuals. It is
incorporated in Delaware and has its principal place of business in northern Indiana. It is
licensed to do business in every state except Alaska and Hawaii. Flick, Inc., is a movie company
incorporated in Idaho with its principal place of business in Utah. It does no business to speak of
in any other state.
During Flick’s filming in Nevada, an expensive necklace rented from Glitter falls into a piece of
machinery on the set and is destroyed. Glitter wants to sue Flick for negligently destroying the
jewelry (worth $700,000). Flick decides to sue Glitter, blaming the loss of a week’s filming on the
loss of the necklace, which they claim was caused by a faulty clasp made by Glitter. Answer the
following and provide an explanation for your response.
a. If Glitter sues Flick, is there subject matter jurisdiction in federal district court?
Answer: Yes.
b. What, if any, kind of subject matter jurisdiction exists in federal district court?
Answer: Diversity.
c. What issue concerning personal jurisdiction exists when considering suit by Glitter against
Flick in Nevada state and federal court?
Answer: Whether the state has a long-arm statute that will permit personal jurisdiction on
Flick for having filmed one movie in Nevada, where the action arose.
d. Aside from Nevada, in what state and federal courts can Glitter sue Flick?
Answer: State courts: Idaho and Utah. Federal courts: District of Idaho and District of Utah.
e. If Flick sues Glitter, does venue exist in the state courts of Idaho and Utah? Why or why not?
Answer: No. State court venue normally rests in the state of the defendant and where the
action arose.
CASE ASSIGNMENTS
1. Your law firm has been hired to represent Ann Forrester in her lawsuit against Mercury Parcel
Services, Inc. and its driver Richard Hart. Determine in what court would any future lawsuit be
filed and explain the basis for your decision.
Answer: State of Columbia: Middleton County.
2. As Mrs. Forrester's attorneys, what ethical obligations do you have regarding any
communications you have with her regarding her potential lawsuit? What ethical obligations
does your law firm have with regard to Mrs. Forrester's husband William?
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website, in whole or in part.
, Solution and Answer Guide: McCord/Tepper, Litigation Paralegal 2024, 9780357767337; Chapter 1: Welcome to the Law Office: Foundations for Litigation
Answer: A confidential relationship is created between the firm and Mrs. Forrester. That
relationship is with her and not her husband. As a paralegal, all communications with Mrs.
Forrester are privileged and confidential.
ETHICS ASSIGNMENT
1. You find out that one of the paralegals in the firm is looking for a job with another law firm. He
has been providing information to one of the opposing counsels on a case to cull favor with the
attorney—hoping to land a new job. What are your ethical obligations in this situation? Should
you report this to a superior or keep the information to yourself?
Answer: You are bound by your ethical obligations to uphold the interests of the firm and the
client and thus must alert your supervisor about the actions of the other paralegal. Paralegals
must be ever mindful of the high standard of professional ethics to which their actions must
conform. A breach of ethical standards will reflect badly upon the law firm and may also lead to
the disbarment of one or more of the attorneys involved. It may cost you your job and subject
you to prosecution for the unauthorized practice of law. Thus, be aware of your ethical and
professional responsibilities as a paralegal working in the legal profession. Paralegal ethical
standards, for all practical purposes, are the same as those for attorneys. As a paralegal, you
must always maintain the confidentiality of clients, be honest, and avoid conflicts of interest.
SYSTEM FOLDER ASSIGNMENTS
1. Set up a three-ring binder or electronic equivalent with the tab dividers arranged as described in
the litigation system section of the text. Copies of the office structure and forms previously
discussed should be placed in the systems folder as indicated in Appendix A. Begin a table of
contents for your systems folder and add any information assigned by your instructor.
Answer: This assignment starts the use of the system. If you decide to have the students
develop a systems folder, the setting up of the folder needs considerable emphasis now and
throughout the course. You many choose to have the folder turned in periodically for
evaluation. Unannounced and random spot checks or turn-ins for a grade might help fight
inevitable procrastination.
2. Look up your state’s ethical rules that govern confidentiality, conflict of interest, attorney
supervision of lay persons and legal assistants, professional integrity, and others. Record the
rule numbers in an ethics section of your systems folder. Look up your state’s unauthorized
practice of law statute; note the wording and the possible penalties. You might want to add this
to your folder. As you read further in this text and in other sources, insert in your folder the
citations for key ethical rules and guidelines.
Answer:
What a paralegal may not do:
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