PA203 Unit 8PA203 Unit 8

INVESTIGATIONSINVESTIGATIONS

Questions so far?Questions so far?

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

Investigations-case analysis Investigations-case analysis

Jim and Joan Klosty bought a home in March of 1998. The previous owners claimed that there was no current damage and no problems with the home at the time of the sale.

Case analysisCase 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 analysisCase 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?Where do we start?

The Klostys come to your firm for advice.The Klostys come to your firm for advice. Where do you begin researching and Where do you begin researching and

investigating their case?investigating their case?

Log in to Westlaw or LexisLog in to Westlaw or Lexis

Research your state’s real estate laws. Research your state’s real estate laws. Is there a state Real Estate Board?Is there a state Real Estate Board? What are their duties?What are their duties? How do you figure out what the client How do you figure out what the client

should do?should do? What is the case law in this area in your What is the case law in this area in your

state?state? Everyone post at least one statute and Everyone post at least one statute and

one caseone case

Other places to investigateOther places to investigate

Articles of IncorporationArticles of Incorporation -- documents that an organization -- documents that an organization must file with the state to become a corporation. must file with the state to become a corporation.

CorporationCorporation -- legal entity formed by a group of individuals -- legal entity formed by a group of individuals who operate a business accountable to shareholders who who operate a business accountable to shareholders who generally are not liable for the wrongdoing of the corporation generally are not liable for the wrongdoing of the corporation

Other places to investigateOther places to investigate

PartnershipPartnership -- a legal relationship involving two -- a legal relationship involving two or more individuals participating in a business or more individuals participating in a business venture sharing profits and risks venture sharing profits and risks

SkiptracingSkiptracing -- Specialized skills that investigate -- Specialized skills that investigate and use technology unique to finding missing and use technology unique to finding missing persons and assets. persons and assets.

Title SearchTitle Search -- review of property records in -- review of property records in order to determine whether the owner has clear order to determine whether the owner has clear title to the property title to the property

Unit 8 Final ProjectUnit 8 Final Project

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

Unit 8 Final ProjectUnit 8 Final Project

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

Unit 8 Final ProjectUnit 8 Final Project

Describe the differences between a Describe the differences between a witness and a client. Then describe witness and a client. Then describe differences between interviewing a client-differences between interviewing a client-witness and interviewing a nonclient-witness and interviewing a nonclient-witness. witness.

Unit 8 Final ProjectUnit 8 Final Project

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

Unit 8 Final ProjectUnit 8 Final Project

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

Unit 8 Final ProjectUnit 8 Final Project

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

Next week: Unit 9Next week: Unit 9

Final seminar of the termFinal seminar of the term Public and private recordsPublic and private records Have a great week!Have a great week! Reminder: Incomplete Requests due by Oct. 3Reminder: Incomplete Requests due by Oct. 3