Training Topics for

Paralegals, Case Assistants, Project Assistants, or Document Clerks

90 minute Learning Series

Many of these courses take into account the anticipated attendance of different practice group members with varied levels of experience.  These sessions are interactive, content driven, professional, and hopefully hilarious.

Perry Binder, J.D.
Over 20 years of experience as a professor and attorney

 

Litigation 101- for new Paralegals, Project Assistants, and Clerks

Identify the basic steps in civil litigation: pleadings, discovery, pretrial, trial, appeal.

Provide an Overview of Courts, including the federal and state court systems

Learn Pre-Filing considerations:  How to sue the proper parties
  - Secretary of State research, statutes of limitation, Internet research

Examine Jurisdiction rules and forum selection, how to file or research documents at the courthouse

 Identify the most glaring mistakes made in writing Complaints, Answers, and other pleadings

Discover the best document production strategies

 Experience the importance of a summary judgment motion, and its impact on settlement

Learn best practices in creating witness lists, exhibit lists, and trial notebooks

Examine your role as a team player in the trial and appellate processes
 

Litigation 201- Advanced Litigation & e-Discovery

LIT 101 Recap - Investigation, Pleadings, Discovery, Motions, Settlement, Trial

The vital role of project assistants and paralegals in litigation

Ethical discovery practices which facilitate settlement or victory at trial

The importance of discovery deadlines in Requests and Pre-Trial Orders

The mechanics of a document production from both sides of the table

      How documents are used to impeach witnesses at depositions and trial

Attorney-client privilege

            - What does the privilege cover?

            - How to identify attorney-client privileged documents during discovery

            - How to catalogue attorney-client privileged documents in reply to a document production request

Specific cases dealing with the importance of document review

The new e-discovery rules and its impact on litigation

            - Discovery Sanctions – The high stakes of organizing files and e-files

Identify the most glaring mistakes made in writing pleadings

Learn best practices in creating witness lists, exhibit lists, and trial notebooks

Examine your role as a team player in the trial and appellate processes
 

Instilling Professionalism and Humor in an Adversarial System

Former civil litigator turned professor, Perry Binder, offers paralegals a mirror to reflect on unacceptable behavior witnessed in the practice of law.  Participants get to “learn by example,” with Perry’s original and hilarious lessons.  The ultimate goal of the session is for paralegals to envision living a rewarding professional life, through civility, humor, humility, and stress reduction.  Perry uses examples dealing with law or other professions to draw behavioral parallels evidenced by legal professionals.

1- Why Paralegals are My Law Heroes

2- Professionalism Goals

Civility - an Orientation:

• It’s good to be the judge!
• Can opposing lawyers get along?
• Hey, what about ME – the paralegal?

Humor

• Are you a “Touch Wet Paint” person?
• Laughter is the best medicine
• But sometimes people don’t always know when you’re joking

Conducting Negotiations where Everyone Wins 

• In deal making, make the other side feel like a hero

Respect for your Clients 

• How to get a lawyer to return your call

Self-Awareness

• Figure out if you are a “structure” person or someone who can self-motivate at any given time
• Know the consequences of no regrets

Stress Reduction

• Learn to compensate for your weaknesses
• In stressful moments, lean on your strengths
• Sometimes, you need to suck it up and wing it

Arrogance has no place in law

• Just because some people are experts doesn’t mean their personal opinions are right

Fostering a Positive Attitude

• A positive attitude can refocus your energy on the good in life
• At work, don’t come to your attorney with problems; come to him/her with solutions to problems
• Why it’s great to be a Paralegal

Following your Professional Dreams

• A gentle word of encouragement can last a lifetime
• Do what you love but don’t jeopardize anyone you love.  Including yourself.
• Never crush anyone’s dreams
• Why not us?
• “By failing to prepare, you are preparing to fail.”  “When you’re finished changing, you’re finished.”  Benjamin Franklin
• Learn at your own pace – you’ll eventually get there

Humility is a Healthy Trait

Perry’s L. I. G. H. T.  B. U. L. B. Moment for Attorneys working with Paralegals  
 

Advanced Legal Writing Skills for Paralegals

INTRODUCTION – A brief, interactive discussion of the Paralegal group’s strengths and weaknesses with respect to Legal Writing (to better assess where emphasis needs to be placed)

I.  ADVANCED DRAFTING OF PLEADINGS & MOTIONS

A.  The Importance of Elements in a Cause of Action

B.  The Secrets to Avoiding Dismissals of Complaints

C.  Fixing Common/Hidden Errors in Complaints and Answers & Affirmative Defenses

D.  Writing Crystal Clear Motions

E.  Distinguishing Writing Errors from your Attorney’s Writing Style

II.  DRAFTING RESPONSES TO DISCOVERY – An Introduction

A.  Why Less is Always More

B.   Drafting Specific Objections to Discovery Requests

C.   The Impact of e-Discovery Concerns when Drafting Responses to Discovery

III.  DRAFTING LEGAL MEMORANDA AND BRIEFS

A.  Understanding the process of legal arguments

B.  Framing Issues Effectively

C.  Writing Brief Case Summaries

D.  Recognizing “Transition Points” - the Key to Organized Legal Arguments

E.  How to Apply the Facts of the Client’s Case to Case law

(Writing Legal Arguments)

F.  What Judges and Law Clerks Look for in Briefs

IV.  EXAMINATION OF KEY CONTRACT CLAUSES

V.  CITE CHECKING SKILLS

Legal Consequences of Cybersquatters, Gripe Sites,
Blogs & Social Networks 

Today's world of social networking, blogging, and gripe sites can lead to a world of headaches for your clients.  This session addresses the evolution of trademark and domain name law; anti-cybersquatting laws; and specific social networking and blogging cases.  

WARM UP 

1-Did technology make us all responsible for our actions outside of work, 24/7?  Yikes!!

2-How technology has changed the playing field in the discovery process of a lawsuit

• Learn the secrets of how Paralegals can find the content of web pages that people posting the content, and even web designers, thought were deleted!

3- Story Time - The Evolution of the Web

4- Trademark Rights, Cybersquatters, Gripe Sites, Blogs, and Social Networks

5- What’s a Paralegal to do?

I - DOMAIN NAMES AND CYBERSQUATTERS 

• In 2007, WIPO reports that cybersquatting has exploded:
• Up 48% from 2005
• 2,156 formal complaints lodged

 Shutting Down Cybersquatters

1- Cease & Desist

2- Domain Name Arbitration

3- Federal Court

4- Discover archived web sites – waybackmachine.org  

II- GRIPE SITES 

Who Wins Gripe Site Cases?

• Doesn’t the First Amendment Permit Gripers (Non-Employee) on the Web?
• The Real Question – Should you do anything about these sites?

 When proactive is too proactive?

See TaubmanSucks.com  
 

How to Handle Cybersquatters & Gripe Sites

• Regular Monitoring of the Internet
• “Decision Tree” to Determine Which Cases to Elevate:
  • Porn
  • Competitor
  • Infringing Content on Site
• And Which Cases (Perhaps) Not to Elevate:
  • Fan sites
  • Most Gripe sites

 III- BLOGGING - A REPUTATION RISK ISSUE 

Valuable Company “Brands” are Ripe Targets on the Internet 

Handling the Anonymous Blogger 

Blogging Policy for Clients?

• Trade Secrets
• Negative Reflection of Company
• Harassment
• Discrimination
• Defamatory Statements

 IV- SOCIAL NETWORKS 

Facebook, mySpace, etc. 

OPTIONS

• Cease and desist letter/e-mail to posting party, but this can backfire
• Violation site’s “Terms of Use”
• DCMA claim
• Requires copyright ownership
• Penalties for false claims
• Consider copyright protection for logos

Perry Binder, LLC
P.O. Box 3774
Alpharetta, GA 30023-3774
perrybinder@gmail.com
(404)402-1892

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