February 24, 2012

PL 100- Introduction to Paralegal Studies
WEEK #7 ASSIGNMENT

This week, the assignment starts with reading Chapter 12 of the text, “Trial Proceedings”. The chapter covers the entire proceedings of a civil trial, from preparation to the trial itself, motions, and then enforcing the judgment.

The writing this week focuses on the final part of the chapter, enforcing the judgment (p. 408)

Assume that your law office has been representing a client who is a defendant in a personal injury case. Unfortunately, your client has lost the case, and has been ordered to pay a large judgment. She is now worried about what will happen to her belongings. Will she be forced to give up her house, her car, all of her other stuff?

You’ve been assigned the task of preparing to discuss with her what will happen to her stuff (in consultation with your attorney, of course). The disclosure hearing (in which she must reveal all of her assets to the Judge and the plaintiff) is scheduled for the 15th of March.

The first thing that you do is research the Maine Statute regarding property that is exempt from attachment and execution (seizure and sale of the property to satisfy the judgment against your client).

The statute can be found at the website of the Maine statutes
http://www.mainelegislature.org/legis/statutes/
Select Title 14, and then select §4422. (By the way, this same statute governs property in Maine that can be kept if a debtor files for bankruptcy).

If your client owns property that’s not exempt, she can be forced to turn it over for sale; the judgment is so large that, if anything she owns is not exempt, it will be sold.

So here’s your client’s financial situation. She has previously told you that the most valuable thing she owns is her house, valued at $90,000. She lives there with her 17 year-old daughter, who’ll be both turning 18 and going off to college next Fall.

She’s got her clothes and household furniture, not worth much, but her daughter has a fancy computer worth about $2,000. Your client also owns a car, valued at $8,000, and her engagement ring, and wedding ring, worth $1,000 each (more than her ex-husband was worth, in her estimation).

Your client has been unemployed for a few months, and gets unemployment benefits. Because of her unemployment, she’s also collecting SNAP benefits (food stamps). She’s expecting to receive the Earned Income Credit on her Federal Income tax return.

Her biggest recent purchase has been to fill up her oil tank for her furnace, with 250 gallons of oil bought at $3. 80 a gallon.

She has a bank account with about $2,000 in it.

Your job is to prepare a letter (for your boss’ review and signature) that clarifies for the client what she can expect in terms of keeping and losing her property. Go over each item of property mentioned above.

Your letter will be due by 6pm on Saturday, March 3 (note the later time). This response will be worth 5% of your final grade (5 points).

If you have any questions, please feel free to e-mail me with them.

February 17, 2012

PL 100-- Introduction to Paralegal Studies
PL 100 Week #6
This week’s communication note: I have sending out confirmation emails when I receive your assignments. If you send in an assignment, but don’t get a response from me, something has gone wrong, so send me a follow-up email.

This week the textbook reading is Chapter 10, Civil Litigation: Before the Trial.
One of the subjects discussed is the Service of the Summons and Complaint (pp. 316-317). As the textbook notes, different states have different rules regarding the manner in which these important papers get delivered to the Defendant.

Read the Maine Rules of Civil Procedure (MRCivP) regarding service of the Summons and Complaint (called “Process”). I have pasted the ones I want you to look at to the end of this assignment.

There are different methods for serving process on the Defendant: one way is by mailing the papers to the Defendant (if the Defendant is willing to cooperate). See MRCivP 4(c)(1). If that doesn’t work, though, the stand-by is to have the Sheriff’s department deliver the papers to the Defendant personally or leaving them at the Defendant’s home with a suitable person. See MRCivP 4(d)(1).

This week’s written assignment concerns the question of what to do if your law office is faced with a defendant who does not want to cooperate in being served. As the paralegal in the office, you’ve been assigned the task of making sure that the Defendant is properly served.

Your first attempt was by mailing the papers to the Defendant, doing everything that is required under MRCivP 4 (c)(1). You called him after you mailed the papers (something that you can only do if he is not represented by an attorney) and he admitted that he had gotten the papers, but he said that he wasn’t planning on making anything easy for you, so he wouldn’t be sending anything back.

You then sent the papers to the Sheriff for service under MRCivP 4(d)(1), but the Sheriff reported that although he could see the Defendant through the window of the Defendant’s house, the Defendant apparently saw the Sheriff as well, and refused to answer the door when the Sheriff knocked on it. The Sheriff also tried calling the Defendant while the Sheriff was standing outside, but noone answered the phone. So the Sheriff loudly announced that he was sliding the papers through the mail slot in the door, and did that, and left. The Sheriff filled out an affidavit going over what had happened. You also tried calling the Defendant yourself, but he apparently won’t take your calls anymore, and so noone returned your call when you left a message.

Your attorney is worried about whether service was properly effected with either the mailing or the Sheriff’s delivery. She has asked you to do some research and write her a memo regarding both the mailing and the Sheriff’s delivery.

After some research, you find two cases that seem to be on point. One is Brown v. Thaler, 2005 ME 75, and the other is TD Banknorth v. Hawkins, 2010 ME 104.

Both cases can be found at the Maine Judicial Branch website, Go to
http://www.courts.state.me.us/opinions_orders/supreme/publishedopinions.shtml
Then choose the year, and scroll down to the Opinion. Remember that all you are interested in is the question of service of process, not any other issues that the Court might deal with in those cases.

After reading both decisions, write the memo to your boss about whether service was effective under the law. Write simply and clearly. Get right to the point, without a lot of introduction—the boss just wants to know the law. But don’t just give your opinion: explain what the cases say about the effectiveness of service in both cases (mail and Sheriff). You don’t need to use any particular format in the memo.

Send your assignment to me by e-mail. (Please remember to use your Husson FirstClass account.) There is no particular length that I’m looking for, but just get to the point in the memo.

Your letter will be due by noon on Saturday, February 25th. This response will be worth 5% of your final grade (5 points).

If you have any questions, please feel free to e-mail me with them.

MAINE RULES OF CIVIL PROCEDURE

RULE 3. COMMENCEMENT OF ACTION
Except as otherwise provided in these rules, a civil action is commenced (1) by the service of a summons and complaint, or (2) by filing a complaint with the court. When method (1) is used, the complaint must be filed with the court within 20 days after completion of service. When method (2) is used, the return of service shall be filed with the court within 90 days after the filing of the complaint. If the complaint or the return of service is not timely filed, the action may be dismissed on motion and notice, and in such case the court may, in its discretion, if it shall be of the opinion that the action was vexatiously commenced, tax a reasonable attorney fee as costs in favor of the defendant, to be recovered of the plaintiff or the plaintiff’s attorney.

RULE 4. PROCESS

(a) Summons: Form. The summons shall bear the signature or facsimile signature of the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint.

(b) Same: Issuance. The summons may be procured in blank from the clerk and shall be filled out by the plaintiff’s attorney as provided in subdivision (a) of this rule. The plaintiff’s attorney shall deliver to the person who is to make service the original summons upon which to make return of service and a copy of the summons and of the complaint for service upon the defendant.

(c) Service. Service of the summons and complaint may be made as follows:

(1) By mailing a copy of the summons and of the complaint (by first- class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment form and a return envelope, postage prepaid, addressed to the sender. If no acknowledgment of service under this paragraph is received by the sender within 20 days after the date of mailing, service of the summons and complaint shall be made under paragraph (2) or (3) of this subdivision.

(2) By a sheriff or a deputy within the sheriff’s county, or other person authorized by law, or by some person specially appointed by the court for that purpose. Special appointments to serve process shall be made freely when substantial savings in travel fees will result.

(3) By any other method permitted or required by this rule or by statute.

(d) Summons: Personal Service. The summons and complaint shall be served together. Personal service within the state shall be made as follows:

(1) Upon an individual other than a minor or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process, provided that if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given. The court, on motion, upon a showing that service as prescribed above cannot be made with due diligence, may order service to be made pursuant to subdivision (g) of this rule.
(2) …

February 10, 2012

PL 100--Introduction to Paralegal Studies

Week #5

First, this week’s technology note:
Some students have had continuing problems logging onto Coursesites, and I don’t really see any reason to keep using it. The alternative that I’ll be using is a blog that I’ve used in the past. The blog is accessed by going to www.goldmanhusson.blogspot.com
When I send out assignments (which I’ll continue to do by email) I will also post those assignments on the blog, which should be easier to access. If I include attachments (as I did for Week 4, and which some of you were unable to open) I’ll copy and paste them into the blog, so that there’s an alternative posted if the attachment won’t open for you.

This week’s assignment starts with reading Chapter 9 of the text, “Legal Writing”. Being able to write accurately, but also clearly and simply, is something I view as an essential skill in the legal profession.

Think of this week’s assignment as the written version of the client questioning that you did in Week 3 (the Nicastro case). The essential task is to take legal concepts and requirements and to put them into terms that a client can understand. Assume that you are a paralegal working in a law office.

Start out by reading the Maine Supreme Court case of Degenhardt v. EWE Limited Partnership, 2011 ME 23, 13 A3d. 790. The case can be found on the website of the Maine Supreme Court.

To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--scroll down to “2011 Opinions”

--select 2011 ME 23 Degenhardt v. EWE Limited Partnership (2/24/2011)


The assignment is to write the draft of a letter to a client for your attorney’s approval and signature. For the format of the letter look at the sample letters on pp. 286-289 of the text. Don’t include all the parts above the salutation line (p. 283): it’s the content of the letter that I’m concerned with.

This is a letter addressed to the client that both answers his questions as far as possible, and also poses additional questions to him, if necessary.

Here’s the situation: Your client is Bob Jones, owner of the “Portland Inn”. This is a business of 20 rental units. It is licensed as a “lodging house” by the City of Portland.

When you conducted your initial client interview with Mr. Jones, you were able to gather the following information from him:

This is not a fancy place. The posted room rates for the Inn are $50 per night; however, almost noone rents by the night. A few guests stay for $150 per week, but almost all rent for $500 per month. Many stay for several months; some stay for years. The $50 rate is the only one posted in the office of the Inn. And there is no other posting of the rate. The manager of the Inn (who is also the handyman, laundryman, and janitor) is in the office or on the premises from 9:00 to 5:00 on weekdays. He is the only employee on the site.

Each room comes with a table and two chairs, and a bed. That’s all. There’s a shared kitchen and bathroom for every four rooms. For a small additional fee, the guests can have their linens exchanged for fresh ones; most guests do this once every two weeks. For a larger fee, guests can have their rooms cleaned; almost none ever sign up for this service.

When a guest rents a room, he signs a guest register and a form acknowledging that he is a lodger and not a tenant under Maine law. Few guests read what they are signing, and none really understand it: the Portland Inn wants to just throw bums out when they cause trouble, rather than having to go through the expensive and time-consuming process of evicting them (called “forcible entry and detainer”) through the Maine court system, as they would have to do with a “tenant”. Self-help evictions (if the guests are “tenants” as opposed to “lodgers”) are not allowed under Maine law.

Bob Jones came to your office because he has had some trouble with drunks who disturb the other guests. He wants to just throw the bums out, or have the police do it for him. He’s worried, though, about the possibility that the guests will try to sue him if they are thrown out, on the grounds that they are “tenants” protected by the eviction laws.

He wants to know what he can do to increase the chances that he does not fall under the landlord/tenant laws. He has come to your law office for advice about how best to manage this. He is willing to make some changes to the way he does things, but not things that will cost him too much money. He does not want to exclusively rent by the day, for example, or even the week, because almost all of the guests stay for months, which is the only way the Portland Inn stays in business. But if there are little things that will help his chances, he’s happy to do them. If there somewhat expensive things, he’d at least like to know what they are, so that he can do his own cost/benefit analysis.

After your initial interview, you researched the law (the Degenhardt case is the only thing you need to or should look at). Now your draft letter has three purposes: review the law for Mr. Jones about how the Court will decide whether he’s a landlord or a lodging house operator; ask him any questions about other information that would be helpful to you in assessing his situation; and make suggestions about what he might do in order to inexpensively help his chances of falling in the right classification.

Your letter should be accurate, but also clear and simple. How many grammatical mistakes and misspellings do you want in a letter to a client? None.

Send your assignment to me by e-mail. (Please remember to use your Husson FirstClass account.) There is no particular length that I’m looking for, but just get to the point in the letter.

Your letter will be due by noon on Saturday, February 18th. This response will be worth 5% of your final grade (5 points).

If you have any questions, please feel free to e-mail me with them.