Part 1: Legal Memorandum

TO:                  Senior Partner, Attorney for Plaintiff

FROM:           

Date:              

RE:                  Likelihood of a Successful Recovery by Hillary

This memorandum discusses the unfortunate event, providing specific facts that support successful recovery for my client Davis Hillary.

Davis Hillary my client was attacked by Bobby Jones who is his classmate in the school bus which is a school property. My client was trying to alight from the bus when he reached his usual stop but Jones prevented him from exiting the bus. My client was held down by Jones who threatened him and violently assaulted him. One witness Melissa illustrated that h observed Jones assaulting my client with a knife.

Hillary, my client suffered bruises and cuts all over his body and he was also hysterical as was illustrated by the bus driver Ron Clemmons, he was bleeding and crying loudly. Hillary’s mother came to the place of the incident after she was informed about the incident by the other students and she took him to see a paediatrician where he got his treatment. The details of the treatment and the bills for which recovery is desired are listed below;

Date of treatment:                 4/4/11                                                   4/4/11

Description:                Exam Established Patient Level II                Sutured 2.5 centimetres scalp wound

Coding:                                      99212                                                                    77777

Cost:                                              $195                                                             $250

Part 2: Steps taken by paralegal to ensure effective case trial

Following the case presented, it is undeniably true that the accused Bobby Jones has a case to answer because he committed an offense. As illustrated to the attorney, ID NO. 124987, the production of the documents for the recovery of the case was submitted before the stated deadline by attorney David Morris which was enough for the case to be pursued. The last week to a case trial is very busy moment for the supervising attorney who is always busy dealing with other issues regarding the case trial and may not have time to deal with other case issues (Bevans, 2017). The attorneys at this time are hence forced to delegate the paralegals and bestow them the responsibilities of case preparations. I have in this case been bestowed with the responsibility of preparing for the Hillary case and this are some of the steps that I will follow to ensure that everything is covered and ready for the case trial.

1. Create a plan

A well implemented plan is very important in ensuring that a trial becomes a success. The plan means understanding the case, the costs of the case and roles to be played to achieve the objectives of the case trial (Dempsy, 2003). I will begin by creating a task list that has a time line with specific deadlines and space for regular updates on the tasks. The task list will include the tasks that will need to be completed, the team members that are doing certain roles and any other information that is essential. In the course of the plan, duties will be delegated to the selected team members that are working on the case. Making sure that everything is clear and that everyone understands their role in the case.

2. Communicating clearly

Communication is very important element in every organization and most especially in team work (Bevans, 2017). I will ensure that I frequently coordinate with the team so that I can get notified on the progress of every task and any problems that is encountered in the course of accomplishing their tasks. Communicating effectively means ensuring that I discuss the plan that I have implemented with the team to ensure that they understand the importance of their contribution to the case. This will also entail updating my supervising attorney Morris and seeking advice in case there are problems encountered with the case.

3. Taking command of the paperwork

Paperwork is an important part of paralegal work and one’s ability to control the flow of that paperwork is important in ensuring success of the case (Dempsy, 2003). In this case, I will ensure that I mark, record and organize all the documents in a logical manner that will make it easier for the attorney and I to easily access them during the trial. This of course will be done one I have discussed with Attorney Morris on the best record method to use for the case to avoid any complications during the trial.

4. Learn about the judge that will take on the case

Judges have their own unique way of operation and it is the work of the paralegal to understand them so that they avoid making mistakes that can be avoided (Bevans, 2017). I will look into the judge that will be trying Hillary’s case so that I can understand her courtroom rules and the things that she likes or dislikes. This will help me make the right decisions in preparation for the case trial and increase our chances of winning the case.

5. Prepare courtroom presentations

The way that matters are presented in the courtroom plays great role in persuading the audience and also winning the case (Dempsy, 2003). I will ensure that all the presentations are concise, logical and have an impact and this will done by ensuring that everything is clearly labelled and compressed into a small package that will inform and touch the jurors. I will also ensure that Attorney Morris does several practices on video why making the presentation so that we can determine any mistakes in pacing, timing, gestures, vocal variety and eye contact and correct them before the real court trial to increase our chances of winning the case.

 

Part 3: Issues that would lead to the need to reach out to attorney Morris

1. The need to interview the school bus driver Ron Clemmons

I will need attorney Morris approval on the need to get more information in regard to the events that happened the day that Hillary was assaulted on his way from school. I need to understand if the driver had at any time noticed an argument between the plaintiff and the accused before the incident. I would also like to understand if after the incident he noticed any tool that looks like a knife in the bus in order to effectively use the content acquired from the witness Mellissa Jones about the knife she saw the accused holding during the assault.

2. The need to interview other students that were in the bus

I will also need to discuss with Attorney Morris if I could interview other students that were in the bus to see if we can get additional information as well as witnesses in regard to the case.

 

 

 

 

Part 4: Letter of settlement written by the paralegal to the attorney in charge of the case

Date

Name

Attorney in Charge,

 

Dear Attorney Morris,

This letter is to bring my suggestions regarding the settlement offer for Davis Hillary, your client. Please ensure that you make time to consult with Hillary and give a careful consideration to the settlement with response in the course of three weeks after you receive this letter.

The facts of the case include: In the month of April, date 3 the year 2011, Jones prevented Hillary your client from existing the school bus once he had reached his usual stop where he threated and injured him. This was observed by a witness Mellissa Jones who reported seeing Bobby Jones with a Knife while he assaulted Hillary. Our client Hillary incurred scalp wounds sutured t 2.5 centimetres and he was diagnosed with Anxiety index of 300.08 that was related to being beaten by his schoolmate. Furthermore, Hillary has also incurred cranial contusion and abrasions.

The medical expenses that have been incurred by the plaintiff have been itemized as exam established patient level II that amounted to one hundred and ninety five dollars ($195) and there was also the suture of the scalp wound that cost two hundred and fifty dollars ($250). The other diagnoses are yet to be accounted as to how much they would cost. Hillary’s injuries require him to take several weeks before he recovers and he will need special medical care for all the emotional distress that he is going through as an impact of the attack.

I hereby then propose for a settlement because it would be best considering that a speedy trial and a just end to the suit is what both parties need given that they are both minors. I believe that dragging this long to the court will take to much time and it would not be beneficial to either of the parties. I propose that whatever the amount the jury will award and settle, the settlement proposition be half of that amount as an immediate cash reward.

Thank you, I hope you consider this proposal.

Yours Faithfully

 

Paralegal

 

 

 

 

 

 

 

 

 

References

Bevans, N. R. (2017). Civil law and litigation for paralegals.

Dempsy, D. (2003, August). Critical Steps For Trial Preparations. Retrieved from

            http://paralegaltoday.com/issue_archive/features/feature1_ja03.htm