Paralegal To LLP: Kris Freeman’s Guide To Thriving In Family Law

Organization is the key to streamlining your workflow. How do you know where to file stuff? Every firm has its way of organizing its files and its naming convention but in general, they are separated into the basics: Pleadings, Drafts, Correspondence, Financials, Trial Prep, and Attorney notes/research.

Every state is different and sometimes you can find what you are looking for online. For instance, New Mexico Arizona, and California have their register of actions online. Most jurisdictions have a fee and cost breakdown on their website for copies of certification exemplification and postage. This sounds terrible but never trust the client to provide you with those documents. It’s better to review the register of actions and make those record requests yourself. No one wants to register a foreign order only to find out it is the wrong order.

How to request DHS files. Have you ever had your attorney serve a subpoena duces tecum on DHS only have to have a Motion to Quash filed and then granted? Your client can obtain copies of their DHS file. Your client can authorize your office to request a copy on their behalf. The DHS website is user friendly and easy to navigate. I try and ask clients when they retain if they have had prior DHS investigations and if they have I have them fill out the release and authorization when they are signing the fee agreement or shortly after they have retained. You’ll need a copy of their driver’s license and wet signatures on everything. Once you submit the request processing takes up to sixty days. Be sure to docket a deadline to subpoena the records custodian or the DHS case worker if you need either of those folks to testify at hearing. The records custodian will contact you about authenticating the record in lieu of testimony.

I struggled with this for the longest time. Crippling writer’s block was a real thing until I took a CLE and the presenter whose name I can’t recall offered the following advice “Keep it simple stupid.” “Who are you what do you want why do you want it what statutory authority do you have and tell me why I should grant it.” “The proposed order should reflect why I’m granting your motion”. You could probably see the light bulb above my head turn on!

Relevant Statutes Rules of Civil Procedure Court Rules and Procedure Case law 16.2 deadlines. I read whatever statute book I could find lying around the office. These days you can find all of this online for free. Casetext is user friendly. Lexis is just as robust as Casetext but not as easy to navigate. Lexis has more annotations than Casetext but that’s probably because of how Casetext manages their free services vs. subscription service. Most of the jdf forms on the court website reference the statute that is applicable to that pleading. You can copy and paste that statute into your web browser and you should be able to find what you need. You will need the rules of civil procedure to reference for active case management. What are the rules for service of process? How long do you have to file a response? When is the deadline to submit financial disclosures? Court Rules? What the heck is 121? Statewide Practice standards! Bookmark all these webpages. You will reference them daily.

What to look for in client disclosures; First and foremost income. Look at paystubs and be sure to look at the rate of pay and frequency of pay. Review bank statements closely. You might see a transfer to an account that was previously disclosed or maybe a payment to a credit card that wasn’t disclosed. Review W-2’s. Is the client contributing to a retirement account or maybe a flexible spending account? Look at current and prior tax returns particularly tax form 1040 2a through 6a. You will see qualified dividends IRA and pensions there. Maybe the client didn’t disclose an early distribution? Maybe they have a Schedule C or a K-1 that reflects income that they didn’t include. Looking for those pitfalls might mean the difference between settlement and discovery.

When it comes to discovery review with a client you should go through the Interrogatories and Requests for Production with a fine-toothed comb. Clients tend to write N/A in their Interrogatories. Odds on bet are that they have a job they have a prior work history and if they have kids they need to focus on number thirteen. Make sure those answers are accurate and read like your attorney wouldn’t mind seeing them in an exhibit notebook. The same could be said for Requests for the production of documents. Your client probably has a checking and savings account. The client probably has credit card statements. Your client might have an IRA a 401 (k) or even a TSP. “Not applicable” is rarely the correct response. As a rule discovery responses are due 35 days after service so don’t wait until the 34th day to get those drafts and documents from the client. Check-in with the client every week for a status update. Do not let this fall off your radar. Ask the client to get you drafts and documents at least 5 days before the due date so you have time to review and revise. Nobody wants to defend a motion to compel.