Things to ask during an internship interview-is there potential for a position when the internship is complete -who will I be working under -what are the work hours -am I required to travel for the job -what type of work will I be doing Managing clients-listen actively -take notes -be assertive but gentle -keep in regular communication with them -be empathetic but DO NOT tell them you understand what they are going through Expectations, Codes/Rules, Policies, Etiquette-understand the scope of information you can provide to a client legally (you are a paralegal, not a lawyer) -maintain confidentiality at all times -trust monies belong to the client Restricted Access-family court cases closed to public -in criminal trials, judge sometimes closes courtroom ordering it 'in camera' (no observers permitted) -in-camera usually made when the case involves extremely sensitive witnesses (young children, emotionally distraught victims) -youth criminal justice act: no accused person's name can be published - publication ban: put on a hearing if judge thinks the integrity of hearing at risk without it Protocol/Decorum in the justice system-stand when the judge enters the room -once the judge is seated, you can sit (court is now in session) -OCJ starts at 9:30am; SCJ starts at 10am -court end times are at the discretion of the presiding judge -no food/drinks/gum -no sunglasses -no baseball caps -no shirts with inappropriate messages on them -no tanks, halters, short skirts, etc. Emails
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Issues with leaving documents lying around-you risk cross-contamination between files -there could be a breach of confidentiality -you won't know what your deadlines are if you have papers lying everywhere -you could lose important documents Dealing with irate clients-use an authoritative tone and tell them to please come into your office; if they will not do so, you have the right to have them removed from the premises -stay calm -do not talk to them across your desk, sit beside them -be aware of non-verbal cues you may be giving them Steps for invoicing clients1) Do the work 2) Keep a docket of your time 3) Send the client an invoice and interim letter 4) Take money out of trust Handling difficult calls-stay calm, be friendly, don't take what they say personally -listen without interrupting -avoid putting them on hold, but if you have to, so it briefly and politely -ask questions to clarify what the issue is -offer solutions and alternatives and end the call on a positive note (make sure the caller agrees with the solution) Mediation-time efficient -cost-effective -a private & confidential environment -results in a suitable settlement for all parties involved Courts vs. Tribunals-courts: formal setting; many rules & regulations; meant to be intimidating; set up in a hierarchy with the judge at the top -tribunals: less formal; level setting; rules of evidence are not applied as strictly Contracts that must be in writing
-land agreements -co-sign agreements -promisory notes -trustee's promise to pay the debt of the estate Structuring an email-use an active voice -keep your message short and concise -leave the recipient field blank until you've proofed your email -when replying, ensure that you fully understand the original message -using CAPITALS imply that you are shouting |
Acceptable business practices-always sign your signature in blue ink (this is part of the 'best evidence rule') -do not leave your stamp lying around, it should always be locked up when you are not using it -make sure you have password protection on your computer -try not to take work home because: a) you could lose it b) someone at the office might need the file c) you risk breaching confidentiality d) you won't stop working Cultural differences in non-verbal communication-cultural differences can be a barrier to effective communication -in some cultures, making eye contact is considered rude, while in other countries, non-eye contact is a sign of shyness or weakness -some cultures regard physical contact is offensive and inappropriate Most important thing in a client file-reminder system (tickler cards) Difficult clients-acknowledge the client politely, stay calm -sit beside them, not across from them -take them into another room to talk -be empathetic -listen actively -do not give legal advice Affidavits and Statutory DeclarationsAffidavit: a sworn statement from the deponent as to the nature of the events that took place Statutory Declaration: A sworn statement used outside of court Meaning of certain things
Why should contracts always be witnessed?
Contracts that must be in writing and witnessed
Contracts under seal
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Cheatography
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Legal Communication Cheat Sheet (DRAFT) by spekties
Legal Communication Concepts
This is a draft cheat sheet. It is a work in progress and is not finished yet.
