What Role Does a Paralegal Have in Drafting a Complaint?
A complaint, known as a petition in some states, is the document filed in court by an injured party to commence a lawsuit. The American Bar Association Model Guidelines for the Utilization of Paralegal Services state that an attorney may delegate to a paralegal any task normally performed by the attorney, with certain exceptions. The role a paralegal has in drafting a complaint depends almost entirely on how much responsibility the supervising attorney is willing to delegate to the paralegal.
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Preliminary Duties
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Pre-complaint tasks an attorney may delegate to a paralegal are as important as drafting the complaint itself. One such task is to attend the initial client interview to obtain background information to be included in the complaint. At the initial client interview, a paralegal may acquire preliminary documentation and information supporting the client's claim for further review, organization and analysis. Other pre-complaint tasks a paralegal may perform are conducting research to determine the appropriate jurisdiction and conducting clearance checks for potential conflicts of interest.
The Demand Letter
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A demand letter is correspondence from one party in a dispute to another. It sets forth the first party's account of the dispute and makes a claim for compensation to resolve it, according to Nolo's Plain-English Law Dictionary. A demand letter precedes the filing of a complaint as an attempt to settle a legal claim without court intervention. An attorney may delegate the drafting of a demand letter to a paralegal, for the attorney's review, approval and signature. A well-crafted demand letter also serves as the basis for a complaint if the attempt to avoid court intervention is unsuccessful.
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The Complaint
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An attorney may delegate drafting part or all of a complaint to a paralegal. One complaint component a paralegal may draft is the caption. The caption is a heading required on all complaints and other court documents. Another component is the jurisdictional allegation, a statement of the grounds for the court's authority to hear and decide a case. The body of a complaint contains facts to support each element of the claim in brief, numbered paragraphs. The prayer for relief or demand for judgment concludes the main portion of the complaint.
The Summons
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A summons is a form prepared on behalf of the plaintiff. The court in which the plaintiff files the complaint issues the summons to inform the defendant that the plaintiff has done so. The plaintiff's attorney serves the summons issued by the court on the defendant, with a copy of the complaint. An attorney may assign the drafting of the summons to a paralegal.
Service of Process
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Service of process is the delivery of copies of the summons and complaint, usually by personal delivery, to the defendant in a lawsuit. A paralegal often arranges for service of process on a supervising attorney's behalf.
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References
- Nolo's Plain-English Law Dictionary
- American Bar Association: Model Guidelines for the Utilization of Paralegal Services [PDF]
- Cornell University Law School Legal Information Institute: Federal Rules of Civil Procedure
- Michigan Supreme Court Learning Center: Your Guide to the Michigan Courts [PDF]
- National Federation of Paralegal Associations: Paralegal Responsibilities - Litigation
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