Litigation and Paralegal Training
Litigation is the process by which a legal claim is investigated and decided within the judicial system. The majority of practicing paralegals work for litigation firms. Even a paralegal who specializes in areas of the law such as domestic relations, bankruptcy and real estate will find themselves utilizing litigation skills and knowledge during the course of their career. All paralegal certification programs offer a concentrated courseload in the many aspects of litigation.
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Pre-Litigation Training
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Pre-litigation is the stage of a conflict before a lawsuit is filed. In pre-litigation, a claim is made outside of the judicial system, often against an insurance company or other agency that holds coverage for a person or company. Paralegals are trained, either in the classroom setting or on the job in the various aspects of this stage, which includes putting the parties and their carriers on notice, collecting evidence such as medical and employment records, and investigating the facts of the case.
Negotiations
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Legal assistants are also instructed in the proper manner of gathering documents and witness testimony during the pre-litigation stage. In this stage, facts unfold and negotiation takes place. Paralegals should be trained on how to prepare a demand letter to be sent to the other party in hopes of settling the matter without filing a suit in court.
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Discovery and Litigation
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If a claim fails to settle in pre-litigation, a lawsuit will be filed and a period called discovery commences. In this period, all pertinent facts and law regarding the case are uncovered and debated. Paralegals must be trained to assist closely with numerous discovery tasks, including scheduling depositions, organizing and summarizing documents, and preparing and responding to legal pleadings.
Trial
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All litigation paralegals should be instructed in trial work and other forms of lawsuit resolution, such as mediation and arbitration. Legal assistants should be able to properly prepare trial notebooks and exhibits. They should also learn how to prepare trial motions and other pleadings. Every aspect of readying the case for trial in front of a judge and jury must be attended to, from the preparation of questions to use when striking (picking) the jury to scheduling witness and expert witness testimonies in compliance with the court's requests.
Post Judgment or Settlement
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Litigation paralegal training will also cover post-trial responsibilities, when all the loose ends of the case are formally resolved. Legal assistants will prepare final pleadings, organize the disbursement of funds and draft settlement statements. The file must also be organized and closed internally within the firm or agency, a process paralegals usually oversee as well.
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