PA203 Unit 8 INVESTIGATIONS INVESTIGATIONS

Questions so far?  Get any late assignments in by Tuesday night for credit. Late assignments cannot be accepted after Tuesday night without an incomplete. I sent out the incomplete guidelines last week.

Investigations-case analysis   Jim and Joan Klosty bought a home in March of The previous owners claimed that there was no current damage and no problems with the home at the time of the sale.

Case analysis   The real estate agent, Joyce Allswell, supported the previous owners, stating that she knew a lot about houses and that this one was fine. Joyce also told the Klostys that they did not need to have the house inspected and that it was not standard practice to do so in this state.

Case analysis   The Klostys, who were new to the state, believed the real estate agent and went ahead with the home purchase. After moving in, the Klostys found several problems, including rotted siding on the outside, rotted window frames, broken pipes that had been taped together, and holes in the walls that were covered with wallpaper.

Where do we start?  The Klostys come to your firm for advice.  Where do you begin researching and investigating their case?

Log in to Westlaw or Lexis  Research your state’s real estate laws.  Is there a state Real Estate Board?  What are their duties?  How do you figure out what the client should do?  What is the case law in this area in your state?  Everyone post at least one statute and one case

Other places to investigate  Articles of Incorporation -- documents that an organization must file with the state to become a corporation.  Corporation -- legal entity formed by a group of individuals who operate a business accountable to shareholders who generally are not liable for the wrongdoing of the corporation

Other places to investigate  Partnership -- a legal relationship involving two or more individuals participating in a business venture sharing profits and risks  Skiptracing -- Specialized skills that investigate and use technology unique to finding missing persons and assets.  Title Search -- review of property records in order to determine whether the owner has clear title to the property

Unit 8 Final Project  This project entails answering a number of questions based upon your readings for this course. Please double space your answers and use complete sentences in well-organized paragraphs. Never provide a one-word response such as "yes" or "no," or short responses such as, "I agree," or "I disagree," without justifying your opinion. All legal elements and concepts associated with your analysis and conclusions must be fully justified, defined, and explained.

Unit 8 Final Project  This final project should be no shorter than three pages, excluding the bibliography, with proper format and citation methods utilized. Note: you are allowed to use your creativity for this final project. You should attempt to include the concepts learned throughout the course (e.g., investigation plan, organizational/theory chart, etc.).

Unit 8 Final Project  Describe the differences between a witness and a client. Then describe differences between interviewing a client- witness and interviewing a nonclient- witness.

Unit 8 Final Project  Describe the duties of a paralegal in the following situation: A potential new client makes an appointment to see your supervising attorney. Because you did a conflict check prior to the new client's arrival, you have learned that she is actually the defendant in your current suit. The attorney asks you to conduct an interview of this potential new client, get as much information as possible, and then bring the attorney the notes. Thereafter, the attorney wants you to go back in and tell the potential client that your firm cannot represent her because you have already been retained by the other side in the case.

Unit 8 Final Project  What are your ethical responsibilities in this situation? List at least four. What are your options? Be sure to identify the specific ethical rules that the attorney’s request would violate and apply the rules to this fact pattern. Include a citation to the rule and the text of the rule as well as any applicable subsections in quotations.

Unit 8 Final Project  You are asked by the attorney to canvass the neighborhood in a dog bite case. The dog has bitten your five-year-old client who was playing in his front yard. The boy said that the dog was large, brown, and had a tag. What kinds of witnesses would you try to find and what would you ask them? Would you tell potential witnesses what you are investigating and why? What types of things do you want to find out from witnesses in the neighborhood?

Next week: Unit 9  Final seminar of the term  Public and private records  Have a great week!  Reminder: Incomplete Requests due by Oct. 3