MCCCD Official Course Competencies:

LAS237  2004 Summer I – 2011 Summer II

Legal Interviewing, Investigation, and Report Writing

1.

Describe the ethical and professional responsibilities in interviewing and investigation. (I)

2.

Prepare appropriate formal discovery documents for use in an investigation. (II)

3.

Analyze and apply the Rules of Evidence in selected case studies. (III)

4.

Demonstrate the proper use of communication skills for the investigator and interviewer. (IV, V)

5.

As a member of a team, prepare for, conduct, and document a client and witness interview. (V)

6.

Describe appropriate methods for locating and evaluating witnesses. (VI, VII)

7.

Identify appropriate public and private sources of information. (VIII, IX)

8.

Prepare a proper written request for publicly available information from the federal, state, county, or local government. (VIII)

9.

Prepare a proper written request for privately held information. (IX)

10.

Prepare a written report summarizing the results of an assigned factual investigation case study. (VIII-X)

MCCCD Official Course Outline:

LAS237  2004 Summer I – 2011 Summer II

Legal Interviewing, Investigation, and Report Writing

I. Specific Ethical Responsibilities for the Paralegal Interviewer and Investigator

A. The unauthorized practice of law

B. Maintaining client confidences

C. Diligence and communication with the client

D. Improper communications

E. Conflicts of interest

II. Formal Discovery and Use of Discovery Documents in Litigation

A. The scope and purpose of formal discovery

1. Privileged materials not discoverable

2. Discovery of experts

3. Required voluntary disclosures

B. Methods of formal discovery

1. Depositions

2. Interrogatories

3. Request for production, physical or mental examinations, and admissions

III. The Rules of Evidence

A. The function of the Rules of Evidence

B. Putting discovered information in admissible form

C. Drafting affidavits or declarations for use in pretrial motions

D. Planning the evidence to be offered at trial

E. Selected Rules of Evidence for the investigator

1. Relevance

2. Lay and expert witnesses

3. Hearsay and exceptions

4. Character evidence

IV. Communication Skills

A. Verbal communication

1. Tone and volume

2. Rate

3. Inflection

4. Slang and colloquialisms

B. Nonverbal communication

1. Body position

2. Facial expressions

3. Eye contact

4. Clothes and environment

5. Cultural differences

V. Client and Witness Interviews

A. Scheduling considerations

B. Preparing forms, questions, and checklists

C. Preparing the physical environment

D. Accommodating special needs

E. Order and manner of conducting the interview

F. Post-interview activities

1. Conflict checks based on new information

2. Documenting the interview

3. Preparing follow-up letters

VI. Identifying and Locating Fact Witnesses

A. Identifying fact witnesses

1. Identified by other people

2. Identified through documentary sources

B. Locating fact witnesses

1. Through other people

2. Through organizational sources

3. Through documentary sources

4. Through the Internet

5. Through electronic search services

VII. Working with Expert Witnesses

A. The role of the expert witness

B. Locating qualified expert witnesses

1. Supervising attorney and other paralegals

2. Directories

3. Professional organizations

4. Colleges and universities

C. Evaluating the Expert

1. The expert's resume

2. Verifying credentials

3. Verifying prior testimony

4. Verifying the expert's publications

5. Talking to attorneys and paralegals familiar with the expert

VIII. Public sources of information

A. Federal agencies and departments

B. Military records

C. State, county, and local governments

D. Federal Freedom of Information Act

E. Arizona public record laws

IX. Private Sources of Information

A. Medical records

B. Employment records

C. Educational records

D. Telephone records

E. Financial records

X. Summarizing the Results of the Investigation

A. Topical memos

B. Narrative memos