| List of Illustrations |
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xxxiii | |
| Preface |
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xxxvii | |
| Acknowledgments |
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xliii | |
| Part 1: Foundations for Interviewing and Investigating |
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1 | (268) |
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Chapter 1 Introduction to Interviewing and Investigating |
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3 | (20) |
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A Why These Skills Are Important to the Lawyer |
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3 | (10) |
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1 The relationship between law and fact |
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5 | (1) |
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6 | (4) |
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6 | (1) |
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7 | (2) |
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9 | (1) |
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3 The role of factual investigation in civil litigation |
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10 | (1) |
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a By the attorney for the plaintiff |
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10 | (1) |
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b By the attorney for the defendant |
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10 | (1) |
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4 The role of factual investigation in criminal litigation |
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11 | (1) |
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5 The role of factual investigation in other legal representation |
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12 | (1) |
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B Other Skills and Areas of Knowledge Related to Interviewing and Investigating |
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13 | (2) |
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13 | (1) |
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2 Legal research and writing |
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13 | (1) |
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14 | (1) |
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4 The adversarial system and rules of procedure |
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14 | (1) |
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5 Ethics and professional responsibility |
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14 | (1) |
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C The Lawyer's Use of Paralegals in Interviewing and Investigating |
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15 | (6) |
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1 Lawyers using paralegals |
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15 | (1) |
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2 Definition of a paralegal |
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16 | (1) |
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3 The paralegal as an agent of the attorney |
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16 | (2) |
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a The actions of the paralegal may be legally binding on the attorney and the client |
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16 | (1) |
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b The attorney may be liable for damages caused to another by the paralegal |
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16 | (1) |
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c The attorney may be sanctioned for actions of the paralegal |
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17 | (1) |
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4 Paralegals as licensed private investigators |
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18 | (1) |
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5 What attorneys expect from paralegals |
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18 | (6) |
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a The willingness to work under the supervision of the attorney |
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18 | (1) |
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b The initiative to clarify assignments |
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19 | (1) |
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19 | (1) |
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d The discipline to keep the supervising attorney well advised |
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19 | (1) |
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e The ability to work well under pressure |
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19 | (1) |
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f Good communication and people skills |
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19 | (1) |
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19 | (1) |
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20 | (1) |
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20 | (1) |
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j Sound interviewing and investigating skills |
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20 | (1) |
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21 | (1) |
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21 | (1) |
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Key Words and Phrases to Remember |
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22 | (1) |
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22 | (1) |
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Chapter 2 Ethical and Professional Responsibilities for Legal Professionals Engaged in Interviewing and Investigating |
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23 | (28) |
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A Sources of Ethical and Professional Responsibility |
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24 | (2) |
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1 State statutes which prohibit the unauthorized practice of law (UPL) |
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24 | (1) |
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2 Mandatory ethical rules governing attorneys |
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24 | (1) |
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3 Ethical rules promulgated for the paralegal |
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25 | (1) |
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4 Guidelines for attorneys and paralegals working together in the law office |
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25 | (1) |
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5 Advisory ethical opinions |
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25 | (1) |
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B Consequences of Unethical Conduct |
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26 | (3) |
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26 | (2) |
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a The lawyer may be fired by the client |
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26 | (1) |
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b The lawyer may be sued by the client damaged by the unethical behavior |
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26 | (1) |
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c The lawyer may be sanctioned |
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27 | (1) |
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d The lawyer may face criminal prosecution |
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27 | (1) |
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e The lawyer's reputation may be damaged |
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27 | (1) |
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28 | (1) |
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a The paralegal may lose employment |
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28 | (1) |
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b The paralegal may lose certification |
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28 | (1) |
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c The paralegal may lose the right to appear before administrative agencies |
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28 | (1) |
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d The paralegal may be sued by the client damaged by the unethical action |
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28 | (1) |
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e The paralegal may be subject to criminal prosecution |
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29 | (1) |
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f The paralegal's reputation may be tarnished |
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29 | (1) |
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C Specific Ethical and Professional Concerns for Legal Professionals Engaged in Interviewing and Investigating |
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29 | (18) |
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1 The unauthorized practice of law |
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29 | (5) |
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a Establishing an attorney-client relationship |
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30 | (1) |
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30 | (1) |
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c Giving legal opinions or legal advice |
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30 | (2) |
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d Representing a client before a court or tribunal |
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32 | (1) |
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e Negotiating a legal matter on behalf of a client |
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33 | (1) |
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f Delegable tasks and the attorney's responsibility to avoid an agent's UPL |
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33 | (1) |
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2 Maintaining client confidences and secrets |
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34 | (5) |
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a The attorney-client privilege |
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34 | (1) |
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b The broader ethical duty of confidentiality |
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35 | (1) |
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c Protecting client information from disclosure |
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36 | (3) |
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39 | (1) |
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a Seek good education and training |
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39 | (1) |
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39 | (1) |
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c Stay informed concerning changes in the law and the profession |
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39 | (1) |
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d Stay on the cutting edge of technological advancements |
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40 | (1) |
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e Commit yourself to excellence |
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40 | (1) |
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40 | (2) |
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a Truthfulness in dealing with clients, co-workers, and others |
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41 | (1) |
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b Fidelity in handling client funds and other property |
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41 | (1) |
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41 | (1) |
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5 Diligence and communication with the client |
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42 | (1) |
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42 | (4) |
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a Simultaneous representation |
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43 | (1) |
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b Representing an interest adverse to a former client |
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43 | (1) |
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1 Before accepting representation |
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44 | (1) |
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2 After representation has begun |
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44 | (1) |
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3 Job changes by a legal professional |
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44 | (1) |
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45 | (1) |
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d Recognizing potential conflicts |
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45 | (1) |
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7 Disclosure of status in verbal and written communications |
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46 | (1) |
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8 Improper communications |
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46 | (1) |
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9 Discovery of client misconduct |
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47 | (4) |
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a Intent of the client to commit a criminal act |
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47 | (1) |
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b Fraudulent claim or malicious harassment |
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47 | (1) |
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c Commission of fraud on the court or perjury |
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47 | (1) |
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47 | (1) |
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48 | (1) |
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Key Words and Phrases to Remember |
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48 | (1) |
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49 | (2) |
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Chapter 3 The Adversarial System, ADR, and Pre-Filing Investigation |
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51 | (42) |
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51 | (13) |
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52 | (1) |
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52 | (1) |
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53 | (3) |
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56 | (1) |
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56 | (1) |
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56 | (2) |
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56 | (2) |
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b In a criminal prosecution |
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58 | (1) |
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58 | (2) |
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58 | (2) |
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b In a criminal prosecution |
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60 | (1) |
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60 | (1) |
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60 | (1) |
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b In a criminal prosecution |
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61 | (1) |
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9 The burden and degree of proof |
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61 | (1) |
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61 | (1) |
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b In a criminal prosecution |
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61 | (1) |
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62 | (1) |
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11 Statutes of limitation and repose |
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62 | (2) |
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B Administrative Procedures |
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64 | (1) |
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C Alternative Dispute Resolution (ADR) |
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65 | (3) |
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65 | (1) |
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66 | (1) |
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67 | (1) |
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D Distinguishing Between Formal Discovery and Informal Investigation |
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68 | (2) |
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68 | (1) |
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68 | (1) |
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3 The advantages of informal investigation |
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69 | (1) |
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a Early investigation produces more information |
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69 | (1) |
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b Information located early is more reliable |
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69 | (1) |
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c Information sought informally is more easily obtained |
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69 | (1) |
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d Information sought informally is less expensive |
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69 | (1) |
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e No opposing party is present for informal investigation |
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69 | (1) |
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f The first side to locate relevant information gains advantages in litigation |
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69 | (1) |
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g Prompt investigation enhances settlement prospects |
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69 | (1) |
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70 | (19) |
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1 The mandate for pre-filing investigation |
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70 | (1) |
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2 Objectives of pre-filing investigation |
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71 | (23) |
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a To determine if there are facts sufficient to state one or more causes of action |
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71 | (1) |
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b To determine provable damages |
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72 | (1) |
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c To determine if there are facts sufficient to assert a valid defense |
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72 | (1) |
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d To satisfy special pleading requirements |
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73 | (1) |
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e To identify all potential defendants |
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73 | (2) |
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f To determine the assets of identified defendants |
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75 | (1) |
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g To determine questions of personal jurisdiction |
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76 | (2) |
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h To determine questions of subject matter jurisdiction |
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78 | (3) |
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i To determine the proper venue for a case |
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81 | (1) |
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j To determine questions regarding governmental immunity |
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82 | (1) |
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k To accomplish required service of process |
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83 | (6) |
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89 | (1) |
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89 | (1) |
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Key Words and Phrases to Remember |
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90 | (1) |
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91 | (2) |
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Chapter 4 Formal Discovery in Civil Litigation |
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93 | (50) |
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93 | (1) |
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B The Scope and Purposes of Formal Discovery in a Civil Case |
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94 | (4) |
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1 The relationship between the scope of formal discovery and the rules of evidence |
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94 | (1) |
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2 Privileged materials not discoverable |
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95 | (1) |
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95 | (1) |
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4 Required voluntary disclosures |
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96 | (2) |
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C Methods of Formal Discovery in a Civil Case |
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98 | (22) |
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1 Depositions (FRCP 27 through 32) |
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98 | (8) |
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a Why lawyers take depositions |
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98 | (1) |
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b Lawyers using paralegals in depositions |
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99 | (7) |
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2 Interrogatories (FRCP 33) |
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106 | (6) |
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a Information to be sought by interrogatories |
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107 | (4) |
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b Lawyers using paralegals in discovery by interrogatories |
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111 | (1) |
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3 Requests for production of documents and things (FRCP 34) |
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112 | (6) |
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a Serving document requests and interrogatories together |
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114 | (1) |
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b Assisting the client to locate and review documents |
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115 | (3) |
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4 Requests for physical or mental examination (FRCP 35) |
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118 | (1) |
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5 Request for admissions (FRCP 36) |
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118 | (2) |
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D Drafting Guidelines for Discovery Documents |
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120 | (4) |
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1 Identify and organize the topics to be addressed |
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120 | (1) |
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2 Use clear and concise language |
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120 | (1) |
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121 | (1) |
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121 | (1) |
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121 | (1) |
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121 | (2) |
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7 Use instructions with caution |
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123 | (1) |
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8 Avoid abusing discovery |
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124 | (1) |
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9 Before responding to discovery requests review them carefully for objections |
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124 | (1) |
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10 In responding to discovery requests, answer only what is fairly asked |
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124 | (1) |
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11 Comply with all rules of procedure and local rules of court regarding discovery |
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124 | (1) |
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124 | (1) |
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1 Interrogatories and document requests |
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125 | (1) |
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125 | (1) |
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3 Requests for physical or mental examination |
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125 | (1) |
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4 Requests for admissions |
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125 | (1) |
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F Discovery of Electronically Stored Information (E-Discovery) |
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125 | (13) |
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1 The explosion in electronically stored information (ESI) |
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125 | (2) |
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2 ESI as potentially relevant evidence |
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127 | (1) |
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3 The litigation hold and dangers of spoliation of evidence |
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128 | (4) |
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4 Undue hardship and technology assisted review (TAR) in e-discovery |
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132 | (2) |
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5 ESI production and waiver of attorney-client or work product privileges |
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134 | (3) |
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6 Other e-discovery amendments to the Federal Rules of Civil Procedure |
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137 | (1) |
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138 | (1) |
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138 | (1) |
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Key Words and Phrases to Remember |
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139 | (1) |
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140 | (3) |
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Chapter 5 Formal Discovery in Criminal Litigation |
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143 | (36) |
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A The Scope of Formal Discovery in Criminal Litigation |
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143 | (1) |
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B Means of Formal Discovery Available to the Defense in Criminal Litigation |
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144 | (25) |
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1 Review of the criminal complaint |
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145 | (3) |
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2 The initial appearance or arraignment |
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148 | (3) |
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3 The preliminary hearing |
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151 | (1) |
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a Frequently, no preliminary hearing is held |
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152 | (1) |
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b There typically is little time to prepare for the preliminary hearing |
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152 | (1) |
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c The prosecution need not present its entire case at the preliminary hearing |
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152 | (1) |
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4 The information and the indictment |
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152 | (4) |
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5 The bill of particulars |
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156 | (2) |
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158 | (6) |
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a Statements of the defendant |
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159 | (1) |
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b The criminal record of the defendant |
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159 | (1) |
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c Documents, electronically stored information, and things |
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160 | (3) |
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d Reports of examinations and tests |
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163 | (1) |
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163 | (1) |
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f Procedure for conducting Rule 16 discovery |
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164 | (1) |
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164 | (1) |
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8 Statements of witnesses |
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164 | (1) |
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9 Exculpatory material - the Brady doctrine |
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165 | (1) |
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165 | (1) |
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11 Documents, records, and things from non-parties |
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166 | (1) |
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12 Motions as discovery devices |
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167 | (1) |
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167 | (1) |
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168 | (1) |
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168 | (1) |
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13 The Freedom of Information Act and the Privacy Act |
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168 | (1) |
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C Means of Formal Discovery Available to the Prosecution in Criminal Litigation |
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169 | (3) |
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169 | (1) |
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2 The preliminary hearing |
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169 | (1) |
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169 | (1) |
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169 | (2) |
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170 | (1) |
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b Reports of examinations and tests |
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170 | (1) |
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171 | (1) |
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5 Statements of witnesses |
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171 | (1) |
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6 Prior notice of affirmative defenses |
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171 | (2) |
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171 | (1) |
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171 | (1) |
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c Public authority defense |
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172 | (1) |
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D The Resolution of Discovery Disputes in Criminal Litigation |
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172 | (1) |
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E Lawyers Using Paralegals in Formal Criminal Discovery |
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173 | (2) |
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1 Attendance at pretrial proceedings |
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173 | (1) |
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2 Review and analysis of court filings |
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173 | (1) |
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3 Drafting discovery documents and related motions |
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173 | (1) |
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4 Familiarity with discovery procedures |
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174 | (1) |
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174 | (1) |
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6 Reviewing documents, reports, and summaries |
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174 | (1) |
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7 Assisting the client in responding to discovery requests |
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174 | (1) |
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175 | (1) |
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176 | (1) |
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Key Words and Phrases to Remember |
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176 | (1) |
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177 | (2) |
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Chapter 6 Rules of Evidence for the Investigator - Part 1 |
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179 | (22) |
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A Introduction to the Rules of Evidence |
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180 | (6) |
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1 What the rules of evidence do |
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180 | (1) |
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180 | (1) |
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180 | (1) |
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b In a criminal prosecution |
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181 | (1) |
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3 The standard or degree of proof |
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181 | (1) |
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181 | (1) |
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b In a criminal prosecution |
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181 | (1) |
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182 | (1) |
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5 First-hand and second-hand knowledge |
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182 | (2) |
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6 Direct and circumstantial evidence |
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184 | (1) |
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184 | (1) |
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8 Rulings on admissibility and offers of proof |
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185 | (1) |
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B The Role of the Rules of Evidence in Interviewing and Investigating |
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186 | (6) |
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1 Planning and carrying out effective informal investigations |
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186 | (1) |
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2 Putting discovered information in admissible form |
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187 | (1) |
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3 Drafting formal discovery requests and responses |
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188 | (1) |
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4 Drafting affidavits or declarations for use in pretrial motions |
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189 | (3) |
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5 Planning the evidence to be offered at trial |
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192 | (1) |
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6 Assisting the lawyer at trial |
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192 | (1) |
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C The Doctrine of Privileges |
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192 | (5) |
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1 Work product and trial preparation materials |
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193 | (1) |
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2 The physician-patient privilege |
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194 | (1) |
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3 The psychotherapist-patient privilege |
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194 | (1) |
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4 The spousal confidential communications privilege |
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194 | (1) |
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5 The spousal testimony privilege |
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195 | (1) |
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6 The privilege against self-incrimination |
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196 | (1) |
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7 Miscellaneous privileges |
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196 | (1) |
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8 Procedural matters relating to privileges |
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196 | (1) |
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197 | (1) |
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197 | (1) |
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Key Words and Phrases to Remember |
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198 | (1) |
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198 | (3) |
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Chapter 7 Rules of Evidence for the Investigator-Part 2 |
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201 | (42) |
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202 | (1) |
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203 | (1) |
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203 | (2) |
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D Examination of Witnesses |
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205 | (1) |
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E The Rule Against Hearsay |
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205 | (17) |
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205 | (5) |
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205 | (1) |
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b Is it a statement made out of court? |
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206 | (1) |
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c Is it a statement offered to prove the truth of the matter asserted? |
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207 | (3) |
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d Is there a recognized exemption or exception for the statement? |
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210 | (1) |
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2 Admission by party opponent exemption |
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210 | (1) |
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3 Prior inconsistent statement made under oath exemption |
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211 | (1) |
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4 Prior consistent statement offered to rebut charge of recent fabrication exemption |
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211 | (1) |
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5 Prior statement identifying a person perceived earlier exemption |
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212 | (1) |
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6 FRE 803 exceptions to the hearsay rule - availability of declarant immaterial |
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212 | (5) |
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a Present sense impression (FRE 803(1)) |
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213 | (1) |
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b Excited utterance (FRE 803(2)) |
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213 | (1) |
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c Current state of mind or condition (FRE 803(3)) |
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213 | (1) |
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d Statements made for purposes of medical diagnosis or treatment (FRE 803(4)) |
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214 | (1) |
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e Recorded recollection (FRE 803(5)) |
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215 | (1) |
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f Business records (FRE 803(6) and (7)) |
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215 | (1) |
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g Public records (FRE 803(8) and (10)) |
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216 | (1) |
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h Other FRE 803 exceptions |
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|
216 | (1) |
|
7 FRE 804 exceptions to the hearsay rule - applicable where the declarant is unavailable to testify |
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|
217 | (3) |
|
a Former sworn testimony (FRE 804(b)(1)) |
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|
217 | (1) |
|
b Statement under belief of imminent death (FRE 804 (b)(2)) |
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|
218 | (1) |
|
c Statement against interest (FRE 804(b)(3)) |
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219 | (1) |
|
d Statement offered against or by one who caused or procured declarant's unavailability (FRE 804(a) and (b)(6)) |
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219 | (1) |
|
8 The residual exception (FRE 807) |
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220 | (1) |
|
9 Hearsay and the Confrontation Clause |
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221 | (1) |
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222 | (5) |
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223 | (1) |
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2 Where character is an essential element of a claim or defense |
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224 | (1) |
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3 Other crimes, wrongs, or acts |
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225 | (1) |
|
4 A witness's character for truthfulness |
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226 | (1) |
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5 Character for truthfulness of a witness as evidenced by conviction of a felony or other crime involving dishonesty |
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|
226 | (1) |
|
G Impeaching a Witness by Showing Bias or Interest |
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227 | (2) |
|
H Attacking a Witness's Credibility Using Religious Beliefs or Opinions |
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229 | (1) |
|
I Authentication of Documents and Things |
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229 | (4) |
|
1 Authenticating physical objects |
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|
229 | (1) |
|
2 Authenticating demonstrative evidence |
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230 | (1) |
|
3 Authenticating documents and electronic records |
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230 | (2) |
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232 | (1) |
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233 | (1) |
|
K Generally Prohibited Matters |
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233 | (3) |
|
1 Subsequent remedial measures |
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|
233 | (1) |
|
2 Settlement discussions and offers |
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234 | (1) |
|
3 Paying or offering to pay expenses |
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234 | (1) |
|
4 Plea bargain discussions or a guilty plea later withdrawn |
|
|
235 | (1) |
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235 | (1) |
|
L Final Considerations Regarding Evidence |
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236 | (1) |
|
1 Admissibility for alternative reasons |
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236 | (1) |
|
2 Clearing all the hurdles |
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237 | (1) |
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|
237 | (1) |
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|
238 | (1) |
|
Key Words and Phrases to Remember |
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|
238 | (1) |
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|
239 | (4) |
|
Chapter 8 Communication Skills for the Investigator |
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|
243 | (26) |
|
A The Importance of Communication in the Work of Legal Professionals |
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244 | (1) |
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|
244 | (1) |
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|
244 | (1) |
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|
244 | (1) |
|
c Nonverbal communication |
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244 | (1) |
|
2 The importance of written and verbal communication |
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|
244 | (1) |
|
3 The importance of nonverbal communication |
|
|
245 | (1) |
|
B Verbal Communication - It's More Than the Words |
|
|
245 | (5) |
|
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|
245 | (1) |
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|
|
246 | (1) |
|
|
|
246 | (1) |
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|
|
246 | (1) |
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|
|
247 | (1) |
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|
|
247 | (1) |
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|
|
247 | (1) |
|
8 Slang, colloquialisms, idioms, and accents |
|
|
248 | (2) |
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|
|
248 | (1) |
|
|
|
249 | (1) |
|
|
|
249 | (1) |
|
|
|
250 | (1) |
|
C Nonverbal Communication - Body Language |
|
|
250 | (5) |
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|
|
251 | (1) |
|
|
|
252 | (1) |
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|
|
253 | (1) |
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|
|
253 | (1) |
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|
|
254 | (1) |
|
6 Clothes and environment |
|
|
254 | (1) |
|
D Written (Including Electronic) Communication |
|
|
255 | (7) |
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|
|
255 | (1) |
|
2 Use tools for effective writing |
|
|
256 | (1) |
|
3 Avoid slang and colloquialisms |
|
|
256 | (1) |
|
|
|
256 | (1) |
|
5 Be thorough but concise |
|
|
256 | (1) |
|
|
|
257 | (1) |
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|
|
257 | (1) |
|
8 Use shorter, simpler, non-technical words |
|
|
257 | (1) |
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|
|
258 | (1) |
|
10 Use drafts and proof your work |
|
|
258 | (1) |
|
11 Protect confidentiality and privilege |
|
|
258 | (1) |
|
12 Practice makes perfect-and reading helps too |
|
|
259 | (1) |
|
13 Special considerations for electronic communications (netiquette) |
|
|
259 | (3) |
|
E Putting Communication Skills to Work in Interviewing and Investigating |
|
|
262 | (4) |
|
1 What are you communicating to others? |
|
|
262 | (1) |
|
2 What are others communicating to you? |
|
|
263 | (1) |
|
3 Suggestions for phone communications |
|
|
263 | (2) |
|
|
|
264 | (1) |
|
b Identify yourself properly |
|
|
264 | (1) |
|
|
|
264 | (1) |
|
d Sound interested - even if you're not |
|
|
264 | (1) |
|
e Take notes while you talk |
|
|
264 | (1) |
|
f Phone ego- "Please hold for Mr. Big" |
|
|
264 | (1) |
|
g Phone conversations with information sources |
|
|
264 | (1) |
|
4 The investigator as a LOvER! |
|
|
265 | (7) |
|
|
|
265 | (1) |
|
|
|
265 | (1) |
|
|
|
265 | (1) |
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|
|
266 | (1) |
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|
|
266 | (1) |
|
|
|
266 | (1) |
|
Key Words and Phrases to Remember |
|
|
267 | (1) |
|
|
|
267 | (2) |
| Part 2: Formulating and Executing a Plan of Investigation |
|
269 | (266) |
|
Chapter 9 Formulating a Plan of Investigation |
|
|
271 | (30) |
|
|
|
272 | (1) |
|
B Traits of the Effective Investigator |
|
|
272 | (7) |
|
1 The effective investigator is knowledgeable |
|
|
272 | (1) |
|
2 The effective investigator is skilled |
|
|
272 | (1) |
|
3 The effective investigator is persistent |
|
|
273 | (1) |
|
4 The effective investigator is creative |
|
|
274 | (2) |
|
5 The effective investigator is perceptive |
|
|
276 | (1) |
|
6 The effective investigator is skeptical |
|
|
277 | (1) |
|
a Evaluate the source of information |
|
|
277 | (1) |
|
b Test information for internal consistency |
|
|
278 | (1) |
|
c Look for gaps in information |
|
|
278 | (1) |
|
d Compare new information to information already gathered |
|
|
278 | (1) |
|
e Seek corroborating information |
|
|
278 | (1) |
|
f Seek explanations and details |
|
|
278 | (1) |
|
g Seek leads to more information |
|
|
278 | (1) |
|
7 The effective investigator is flexible |
|
|
278 | (1) |
|
C The Importance of Having a Plan of Investigation |
|
|
279 | (1) |
|
D Formulating a Plan of Investigation |
|
|
280 | (8) |
|
1 Start with what you already know |
|
|
280 | (1) |
|
2 Identify the specific goals of your investigation |
|
|
281 | (2) |
|
a Consider the law of the case |
|
|
281 | (2) |
|
b Write down the ultimate goals of the investigation |
|
|
283 | (1) |
|
3 Brainstorm for specifics |
|
|
283 | (1) |
|
4 Identify all possible sources of information |
|
|
284 | (1) |
|
5 Organize your plan into a logical format and chart it |
|
|
284 | (4) |
|
a The chronological to-do list format |
|
|
286 | (1) |
|
|
|
286 | (1) |
|
|
|
287 | (1) |
|
d The cause of action format |
|
|
287 | (1) |
|
E Limitations on a Plan of Investigation |
|
|
288 | (3) |
|
1 The amount of work actually required |
|
|
289 | (1) |
|
2 The cost of the work to be done |
|
|
289 | (1) |
|
|
|
289 | (1) |
|
4 The resources of the client |
|
|
290 | (1) |
|
5 The resources of the law office |
|
|
290 | (1) |
|
6 Client authorization 290 F Flexibility of a Plan of Investigation |
|
|
290 | (1) |
|
G The Handling of Documents and Physical Evidence During an Investigation |
|
|
291 | (5) |
|
1 Distinguishing between documentary and physical evidence |
|
|
291 | (1) |
|
2 Creating demonstrative evidence |
|
|
291 | (1) |
|
3 The role of the rules of evidence in handling documents and things |
|
|
292 | (2) |
|
4 Procedures for handling documents and things in your custody |
|
|
294 | (1) |
|
|
|
294 | (1) |
|
|
|
294 | (1) |
|
|
|
294 | (1) |
|
5 Procedures for documents and things not in your custody |
|
|
295 | (1) |
|
H The Importance of Diligence and Thoroughness in Executing a Plan of Investigation |
|
|
296 | (1) |
|
|
|
296 | (1) |
|
|
|
296 | (1) |
|
|
|
297 | (1) |
|
|
|
297 | (1) |
|
Key Words and Phrases to Remember |
|
|
298 | (1) |
|
|
|
298 | (3) |
|
Chapter 10 Preparing for a Client Interview |
|
|
301 | (38) |
|
A Introduction to Interviewing |
|
|
301 | (2) |
|
|
|
301 | (1) |
|
|
|
302 | (1) |
|
|
|
302 | (1) |
|
c Other information sources |
|
|
302 | (1) |
|
2 Different methods and locations for interviews |
|
|
302 | (1) |
|
B Reasons for Conducting Client Interviews |
|
|
303 | (1) |
|
1 The initial client interview |
|
|
303 | (1) |
|
2 Subsequent information-gathering interviews |
|
|
303 | (1) |
|
3 The update or status report interview |
|
|
303 | (1) |
|
C Goals of the Initial Client Interview |
|
|
303 | (1) |
|
D Scheduling the Initial Client Interview |
|
|
304 | (3) |
|
1 Check all participants' schedules before you call |
|
|
304 | (1) |
|
2 Have several dates and times in mind before you call |
|
|
304 | (1) |
|
3 Allow for plenty of time |
|
|
304 | (1) |
|
4 Make sure the interview room is available |
|
|
305 | (1) |
|
5 Consider what the client needs to bring |
|
|
305 | (1) |
|
6 Identify yourself when you call |
|
|
305 | (1) |
|
7 Cover all necessary details in the scheduling'call |
|
|
305 | (1) |
|
8 Take comprehensive notes during the scheduling call |
|
|
305 | (1) |
|
9 Things to do following the scheduling call |
|
|
305 | (2) |
|
E Preparing for the Initial Client Interview |
|
|
307 | (28) |
|
|
|
307 | (6) |
|
|
|
307 | (3) |
|
|
|
310 | (3) |
|
|
|
313 | (12) |
|
|
|
315 | (1) |
|
b Consider what you know so far of the legal question involved |
|
|
315 | (1) |
|
c Consider special needs of the client |
|
|
316 | (1) |
|
d Brainstorm a list of topics to be covered |
|
|
316 | (1) |
|
e Organize the topics in a logical fashion |
|
|
316 | (2) |
|
f Prepare specific questions within each topic |
|
|
318 | (4) |
|
g Consider the phrasing of questions |
|
|
322 | (2) |
|
h Put questions in a format consistent with any checklist or intake sheet being used |
|
|
324 | (1) |
|
i Put questions in a format conducive to taking good notes during the interview |
|
|
324 | (1) |
|
j Be flexible-always expect to ask other questions in the interview |
|
|
324 | (1) |
|
k Have the supervising attorney review questions and forms |
|
|
325 | (1) |
|
3 Using a checklist or intake sheet |
|
|
325 | (2) |
|
4 Prepare the physical environment where the interview is to take place |
|
|
327 | (1) |
|
5 Give thought to any special needs of the client |
|
|
327 | (1) |
|
6 Plan the seating arrangement |
|
|
327 | (7) |
|
a In an office with a desk |
|
|
328 | (1) |
|
b At a rectangular conference table |
|
|
328 | (3) |
|
c At a rounded conference table |
|
|
331 | (1) |
|
d Other considerations in seating |
|
|
331 | (3) |
|
7 Preserve confidentiality and avoid interruptions during the interview |
|
|
334 | (1) |
|
8 Be physically and mentally prepared for the interview |
|
|
334 | (6) |
|
a Get enough rest the night before the interview |
|
|
334 | (1) |
|
b Leave your personal life outside the interview room |
|
|
334 | (1) |
|
|
|
335 | (1) |
|
|
|
336 | (1) |
|
Key Words and Phrases to Remember |
|
|
336 | (1) |
|
|
|
337 | (2) |
|
Chapter 11 Conducting a Client Interview |
|
|
339 | (28) |
|
|
|
339 | (1) |
|
B Ten Things to Remember Throughout the Client Interview |
|
|
340 | (3) |
|
1 Be friendly but professional |
|
|
340 | (1) |
|
2 Avoid legal or technical jargon except as necessary |
|
|
340 | (1) |
|
3 Be cognizant of the dangers of the unauthorized practice of law |
|
|
340 | (1) |
|
|
|
341 | (1) |
|
5 Engage in active listening |
|
|
341 | (1) |
|
6 Evaluate the demeanor and behavior of the client |
|
|
341 | (1) |
|
7 The client will not know what to tell you-you have to ask |
|
|
341 | (1) |
|
8 Remember the commandments |
|
|
341 | (1) |
|
|
|
342 | (1) |
|
|
|
342 | (1) |
|
9 Keep an emotional distance between yourself and the client |
|
|
342 | (1) |
|
10 Overcome internal obstacles to effective interviewing |
|
|
342 | (1) |
|
a Concentrating too intently on your next question |
|
|
342 | (1) |
|
b Concentrating too hard on taking good notes |
|
|
342 | (1) |
|
c Being a slave to the prepared list of questions |
|
|
343 | (1) |
|
d Letting your own biases affect you |
|
|
343 | (1) |
|
C The Order and Manner of Conducting a Client Interview |
|
|
343 | (20) |
|
|
|
343 | (2) |
|
2 Beginning the interview |
|
|
345 | (2) |
|
a If appropriate, express empathy toward the client |
|
|
345 | (1) |
|
b Explain the absence of the supervising attorney |
|
|
345 | (1) |
|
c Explain your role as a paralegal or associate attorney |
|
|
345 | (1) |
|
d Explain the attorney-client privilege |
|
|
346 | (1) |
|
e Briefly review the goals to be accomplished in the interview |
|
|
346 | (1) |
|
f Explain that you will be taking notes during the interview |
|
|
346 | (1) |
|
g Ask if the client has any questions |
|
|
346 | (1) |
|
h Obtain biographical information for the file |
|
|
346 | (1) |
|
3 Conducting the substantive portion of the interview |
|
|
347 | (8) |
|
a Briefly review any documents the client brought |
|
|
347 | (1) |
|
b Obtain a broad overview of the client's story |
|
|
347 | (1) |
|
c Fill in gaps in the information given |
|
|
348 | (1) |
|
d Ask for definitions of unfamiliar words and phrases |
|
|
348 | (1) |
|
|
|
348 | (1) |
|
f Ask for leads to witnesses and documents |
|
|
349 | (1) |
|
g If helpful, have the client draw a sketch or diagram |
|
|
349 | (1) |
|
h Establish an accurate chronology of events |
|
|
350 | (1) |
|
i Clarify errors, inconsistencies, or vagueness in the client's story |
|
|
351 | (1) |
|
j Verify all information given as best you can |
|
|
352 | (2) |
|
k Seek corroborating information |
|
|
354 | (1) |
|
l Get the particulars on persons and documents or records mentioned |
|
|
354 | (1) |
|
m Review documents closely and copy or arrange to keep them |
|
|
354 | (1) |
|
n Determine what the client wants |
|
|
355 | (1) |
|
o Check off the topics on your question list as you go |
|
|
355 | (1) |
|
4 Dealing with special problem clients |
|
|
355 | (2) |
|
|
|
355 | (1) |
|
b The highly emotional client |
|
|
356 | (1) |
|
c The self-important or condescending client |
|
|
356 | (1) |
|
d The obviously lying client |
|
|
357 | (1) |
|
5 Concluding the client interview |
|
|
357 | (1) |
|
6 The role of the assisting paralegal when the supervising attorney conducts the interview |
|
|
358 | (1) |
|
7 Following the interview |
|
|
359 | (9) |
|
a If needed, do another conflict of interest check |
|
|
359 | (1) |
|
b Prepare an interview summary |
|
|
359 | (1) |
|
c Prepare a follow-up letter to the client |
|
|
359 | (4) |
|
D Subsequent Client Interviews and Contacts |
|
|
363 | (1) |
|
|
|
364 | (1) |
|
|
|
365 | (1) |
|
Key Words and Phrases to Remember |
|
|
365 | (1) |
|
|
|
366 | (1) |
|
Chapter 12 Preparing for a Witness Interview |
|
|
367 | (18) |
|
|
|
367 | (1) |
|
B Goals of the Witness Interview |
|
|
367 | (1) |
|
|
|
368 | (8) |
|
|
|
368 | (1) |
|
|
|
368 | (2) |
|
a Be friendly and patient with the witness |
|
|
369 | (1) |
|
b Try to get the witness to like you |
|
|
369 | (1) |
|
c Use the witness's natural instinct to help |
|
|
369 | (1) |
|
d Use subpoena power as a motivator - if you must |
|
|
369 | (1) |
|
3 The neutral or disinterested witness |
|
|
370 | (1) |
|
|
|
371 | (1) |
|
|
|
372 | (1) |
|
|
|
372 | (1) |
|
7 The too-helpful witness |
|
|
372 | (1) |
|
|
|
373 | (1) |
|
|
|
373 | (1) |
|
10 The condescending witness |
|
|
373 | (1) |
|
11 Special problem witnesses |
|
|
374 | (2) |
|
|
|
374 | (1) |
|
|
|
374 | (1) |
|
|
|
374 | (1) |
|
|
|
375 | (1) |
|
|
|
375 | (1) |
|
D Scheduling and Preparing for the Witness Interview |
|
|
376 | (6) |
|
1 Scheduling the witness interview |
|
|
377 | (1) |
|
2 Preparing for the witness interview |
|
|
377 | (1) |
|
3 Special considerations in scheduling and preparing for a witness interview |
|
|
378 | (8) |
|
a Contacting a witness represented by counsel |
|
|
378 | (1) |
|
b Preserving client confidences and secrets |
|
|
378 | (1) |
|
|
|
378 | (1) |
|
d The location of the witness interview - the field interview |
|
|
379 | (2) |
|
e Telephone interviews and sound or video recording interviews |
|
|
381 | (1) |
|
f Planning multiple witness interviews |
|
|
381 | (1) |
|
|
|
382 | (1) |
|
|
|
382 | (1) |
|
Key Words and Phrases to Remember |
|
|
382 | (1) |
|
|
|
383 | (2) |
|
Chapter 13 Conducting a Witness Interview |
|
|
385 | (30) |
|
|
|
385 | (1) |
|
B Things to Remember Throughout the Witness Interview |
|
|
386 | (3) |
|
1 Observe and evaluate the witness's environment |
|
|
386 | (2) |
|
2 Overcome external obstacles to active listening and observing |
|
|
388 | (1) |
|
3 Avoid disclosing confidential or privileged information |
|
|
388 | (1) |
|
C The Order and Manner of Conducting a Witness Interview |
|
|
389 | (8) |
|
1 Beginning the interview |
|
|
389 | (1) |
|
|
|
389 | (1) |
|
b Express appreciation for the witness's cooperation |
|
|
390 | (1) |
|
c Disclose your status as a paralegal |
|
|
390 | (1) |
|
d Briefly state the purpose of your interview |
|
|
390 | (1) |
|
e Obtain background information on the witness |
|
|
390 | (1) |
|
2 Conducting the substantive portion of the witness interview |
|
|
390 | (3) |
|
a Briefly review any documents the witness has made available |
|
|
390 | (1) |
|
b Obtain a narrative summary of what the witness knows |
|
|
391 | (1) |
|
c Fill in gaps in the story |
|
|
391 | (1) |
|
d Ask the witness to define unfamiliar terms or concepts |
|
|
391 | (1) |
|
|
|
391 | (1) |
|
f Seek leads to other witnesses and documents |
|
|
391 | (1) |
|
g If helpful, have the witness draw a sketch or diagram |
|
|
392 | (1) |
|
h Establish the chronology of events known to the witness |
|
|
392 | (1) |
|
i Clarify errors, inconsistencies, or vague points |
|
|
392 | (1) |
|
j Attempt to verify information provided by the witness |
|
|
392 | (1) |
|
k Ask about corroborating sources |
|
|
392 | (1) |
|
l Ask about smart phone recordings and social media |
|
|
392 | (1) |
|
m Get the particulars on all persons and documents mentioned |
|
|
392 | (1) |
|
n Make copies of documents produced or arrange to keep them |
|
|
393 | (1) |
|
o Ask the witness to tell you anything else they remember |
|
|
393 | (1) |
|
p Ask about other interviews or statements given |
|
|
393 | (1) |
|
q Make sure you have covered everything |
|
|
393 | (1) |
|
|
|
393 | (3) |
|
a Inconsistencies or contradictions in the statement |
|
|
394 | (1) |
|
b Unreliability of the witness's information |
|
|
394 | (1) |
|
|
|
394 | (1) |
|
d Interest of the witness in the outcome of the case |
|
|
395 | (1) |
|
e History of the witness affecting credibility |
|
|
396 | (1) |
|
4 Concluding the witness interview |
|
|
396 | (1) |
|
|
|
396 | (1) |
|
D Audio or Video Recording the Interview |
|
|
397 | (7) |
|
1 Obtain the prior consent of the supervising attorney |
|
|
397 | (2) |
|
2 Consider using a court reporter |
|
|
399 | (1) |
|
3 Obtain the witness's consent before electronically recording |
|
|
400 | (1) |
|
4 Repeat and record the statement of consent |
|
|
400 | (1) |
|
5 Identify yourself and your position in the recording |
|
|
400 | (1) |
|
6 State the date and time the interview begins |
|
|
400 | (1) |
|
7 Identify all persons present |
|
|
400 | (1) |
|
8 Handling interruptions in the interview |
|
|
401 | (1) |
|
|
|
402 | (1) |
|
10 How to conclude the electronically recorded interview |
|
|
402 | (1) |
|
11 Transcribe the recording or prepare a summary |
|
|
403 | (1) |
|
12 If appropriate, provide the witness a transcript or digital copy of the interview |
|
|
403 | (1) |
|
13 Preserve the recorded interview |
|
|
403 | (1) |
|
E The Voice-Only Interview |
|
|
404 | (1) |
|
1 Speak and listen carefully |
|
|
404 | (1) |
|
2 Ensure privacy and preserve confidentiality |
|
|
404 | (1) |
|
3 Using documents or things in a voice-only interview |
|
|
404 | (1) |
|
4 Recording the voice-only interview |
|
|
405 | (1) |
|
F The Written Witness Statement |
|
|
405 | (6) |
|
1 The format of a witness statement |
|
|
406 | (1) |
|
2 How attorneys use witness statements |
|
|
406 | (1) |
|
3 Preparing the written witness statement |
|
|
406 | (9) |
|
a It should identify the witness by name and state the date of the interview |
|
|
406 | (1) |
|
b It should be written in the witness's own words |
|
|
407 | (1) |
|
c It should state the total number of pages it contains |
|
|
407 | (1) |
|
d The pages of the statement should be numbered |
|
|
407 | (1) |
|
e Every page should be signed or initialed by the witness |
|
|
407 | (1) |
|
f It should be read and corrected by the witness before it is signed |
|
|
407 | (3) |
|
g It should be signed by the witness |
|
|
410 | (1) |
|
|
|
411 | (1) |
|
|
|
411 | (1) |
|
Key Words and Phrases to Remember |
|
|
412 | (1) |
|
|
|
412 | (3) |
|
Chapter 14 Identifying and Locating Fact Witnesses |
|
|
415 | (22) |
|
|
|
415 | (1) |
|
B Identifying Fact Witnesses |
|
|
415 | (10) |
|
|
|
416 | (5) |
|
|
|
416 | (1) |
|
|
|
416 | (1) |
|
c The investigating officer(s) |
|
|
416 | (1) |
|
d Ambulance, rescue squad, and emergency room personnel |
|
|
417 | (1) |
|
e Video cameras in private or public areas |
|
|
417 | (1) |
|
f Canvassing the scene or neighborhood |
|
|
417 | (1) |
|
g The neighborhood regulars |
|
|
418 | (1) |
|
|
|
418 | (1) |
|
i Solicitations in traditional and social media |
|
|
418 | (3) |
|
2 Document and records sources |
|
|
421 | (4) |
|
|
|
421 | (1) |
|
|
|
422 | (1) |
|
|
|
422 | (1) |
|
d Personal correspondence and journaling |
|
|
422 | (1) |
|
e Online correspondence and social networking data |
|
|
422 | (2) |
|
|
|
424 | (1) |
|
g Personal credit, utility, and financial records |
|
|
424 | (1) |
|
h Public records - local, state, and federal |
|
|
425 | (1) |
|
C Locating Missing Witnesses |
|
|
425 | (9) |
|
1 Let's play This Is Your Life |
|
|
425 | (2) |
|
2 Sources of information for locating the missing witness |
|
|
427 | (10) |
|
|
|
427 | (1) |
|
|
|
428 | (1) |
|
|
|
428 | (3) |
|
d Social networking and people search websites |
|
|
431 | (1) |
|
e People search database vendors |
|
|
432 | (1) |
|
f Determining if someone has died |
|
|
432 | (1) |
|
g Locating former employees |
|
|
432 | (1) |
|
h Locating current or former members of the military |
|
|
432 | (1) |
|
i Locating current or former prison inmates |
|
|
433 | (1) |
|
|
|
433 | (1) |
|
k Genealogical and genetic testing services |
|
|
433 | (1) |
|
|
|
434 | (1) |
|
|
|
434 | (1) |
|
Key Words and Phrases to Remember |
|
|
434 | (1) |
|
|
|
435 | (2) |
|
Chapter 15 Working with Expert Witnesses |
|
|
437 | (22) |
|
A Who Experts Are and Why Attorneys Use Them |
|
|
437 | (5) |
|
1 The definition of an expert and the admissibility of expert testimony |
|
|
437 | (2) |
|
2 Distinguishing consulting experts from testifying experts |
|
|
439 | (1) |
|
3 How attorneys use experts |
|
|
440 | (2) |
|
B Locating Qualified Expert Witnesses |
|
|
442 | (3) |
|
1 Attorneys or paralegals in the office |
|
|
442 | (1) |
|
2 Other attorneys or paralegals in the community |
|
|
442 | (1) |
|
3 Attorneys or paralegals in other parts of the country |
|
|
442 | (1) |
|
|
|
442 | (1) |
|
|
|
443 | (1) |
|
|
|
443 | (1) |
|
7 Professional, technical, and trade organizations |
|
|
443 | (1) |
|
|
|
443 | (1) |
|
9 Colleges and universities |
|
|
443 | (1) |
|
|
|
444 | (1) |
|
11 Literature in the field of expertise |
|
|
444 | (1) |
|
|
|
444 | (1) |
|
|
|
444 | (1) |
|
|
|
445 | (5) |
|
1 Why we evaluate experts |
|
|
445 | (1) |
|
|
|
445 | (1) |
|
3 How to evaluate an expert |
|
|
445 | (5) |
|
a Look for education, training, and work experience |
|
|
445 | (1) |
|
b Look at the specific area of expertise |
|
|
445 | (1) |
|
c Verify information on the resume |
|
|
445 | (2) |
|
d Check the expert's online presence |
|
|
447 | (1) |
|
e Review the expert's publications |
|
|
448 | (1) |
|
f Review publications on which the expert bases an opinion |
|
|
448 | (1) |
|
g Locate and review prior testimony by the expert |
|
|
448 | (1) |
|
|
|
449 | (1) |
|
|
|
449 | (1) |
|
D Working Successfully with Expert Witnesses |
|
|
450 | (5) |
|
1 Obtain the expert's fee schedule early |
|
|
450 | (1) |
|
2 Be sure the expert does not have a conflict of interest |
|
|
451 | (1) |
|
3 Become familiar with technical terms and concepts in the expert's field |
|
|
451 | (1) |
|
4 Do not identify the expert in discovery until the decision has been made to use the expert for testimony |
|
|
452 | (1) |
|
5 Do not supply the expert with privileged materials |
|
|
452 | (1) |
|
6 Always communicate a neutral picture of the case to the expert |
|
|
453 | (1) |
|
7 Provide materials requested by the expert promptly |
|
|
454 | (1) |
|
8 Keep a record of all materials sent to or received from the expert |
|
|
454 | (1) |
|
9 Do not allow the expert to put preliminary opinions in writing |
|
|
455 | (1) |
|
10 Be familiar with all rules of evidence and procedure that apply to the expert |
|
|
455 | (1) |
|
|
|
455 | (1) |
|
|
|
456 | (1) |
|
Key Words and Phrases to Remember |
|
|
456 | (1) |
|
|
|
456 | (3) |
|
Chapter 16 Public Sources of Information - Federal |
|
|
459 | (24) |
|
|
|
459 | (1) |
|
B Public Records in General |
|
|
460 | (1) |
|
C The Importance of Knowing How Government Works |
|
|
460 | (1) |
|
D Structure of the Federal Government |
|
|
461 | (1) |
|
E Determining What a Federal Agency or Department Does and the Records It Maintains |
|
|
461 | (6) |
|
1 Experienced people in the office |
|
|
461 | (2) |
|
2 Government publications |
|
|
463 | (1) |
|
3 Data.Gov and agency websites |
|
|
463 | (2) |
|
4 State and local bar directories and handbooks |
|
|
465 | (1) |
|
|
|
465 | (1) |
|
|
|
465 | (1) |
|
7 Enabling statutes and regulations |
|
|
465 | (2) |
|
F How to Access Information from the Federal Government |
|
|
467 | (12) |
|
1 The judicial branch - court records |
|
|
467 | (2) |
|
a Kinds of information available in federal court records |
|
|
467 | (1) |
|
b How to conduct searches in federal court records |
|
|
467 | (1) |
|
c Computerized resources for searching federal court records |
|
|
468 | (1) |
|
2 The legislative branch - Congress |
|
|
469 | (1) |
|
|
|
470 | (1) |
|
b Accessing Congress through database vendors |
|
|
470 | (1) |
|
|
|
470 | (14) |
|
|
|
470 | (1) |
|
b Obtaining information from the White House |
|
|
471 | (1) |
|
c Obtaining information from executive agencies |
|
|
471 | (8) |
|
|
|
479 | (1) |
|
|
|
480 | (1) |
|
Key Words and Phrases to Remember |
|
|
480 | (1) |
|
|
|
481 | (2) |
|
Chapter 17 Public Sources of Information - State and Local |
|
|
483 | (26) |
|
A The Structure of State and Local Governments |
|
|
483 | (1) |
|
B Records Maintained by State Governments |
|
|
484 | (6) |
|
|
|
485 | (1) |
|
2 Motor vehicle and driving records |
|
|
486 | (1) |
|
3 Corporate and other business records as public records |
|
|
486 | (1) |
|
4 Licensing and registration records |
|
|
487 | (1) |
|
5 Regulatory commission records |
|
|
487 | (1) |
|
6 Tax and revenue records |
|
|
488 | (1) |
|
|
|
488 | (1) |
|
8 Social service agencies records |
|
|
488 | (1) |
|
9 Workers' compensation records |
|
|
488 | (1) |
|
10 Law enforcement records |
|
|
488 | (2) |
|
C Records Maintained by Local Governments |
|
|
490 | (6) |
|
1 Records of civil and criminal cases in court clerk's offices |
|
|
490 | (1) |
|
2 Law enforcement records |
|
|
491 | (1) |
|
|
|
492 | (1) |
|
4 Real property transfer records in register/recorder of deeds office |
|
|
492 | (1) |
|
5 Tax records in assessor's offices |
|
|
493 | (1) |
|
|
|
493 | (1) |
|
|
|
493 | (1) |
|
8 Voting records in election commission offices |
|
|
493 | (1) |
|
9 Public utilities records |
|
|
493 | (1) |
|
|
|
493 | (1) |
|
|
|
494 | (2) |
|
D State Public Records Acts and Other Statutes and Rules Controlling Accessibility |
|
|
496 | (6) |
|
1 What is an accessible "public record" under a state PRA? |
|
|
496 | (3) |
|
2 Who can access a public record using a state PRA? |
|
|
499 | (1) |
|
3 Procedure for accessing public records under a state PRA |
|
|
499 | (3) |
|
E Other Sources for Accessing State and Local Government Records |
|
|
502 | (3) |
|
1 State and local government sponsored "open data" sites |
|
|
502 | (1) |
|
2 Non-governmental websites |
|
|
503 | (1) |
|
3 Online database vendors |
|
|
503 | (2) |
|
4 Public records search companies |
|
|
505 | (1) |
|
|
|
505 | (1) |
|
|
|
506 | (1) |
|
Key Words and Phrases to Remember |
|
|
506 | (1) |
|
|
|
507 | (2) |
|
Chapter 18 Private Sources of Information |
|
|
509 | (26) |
|
A An Overview of Private Sources of Information |
|
|
509 | (3) |
|
B Accessing Private Sources of Information |
|
|
512 | (18) |
|
|
|
512 | (5) |
|
a Obtaining medical records by written patient authorization |
|
|
512 | (1) |
|
b Drafting the medical records authorization |
|
|
513 | (1) |
|
c Using the medical records authorization |
|
|
513 | (2) |
|
d Special medical records authorizations |
|
|
515 | (1) |
|
e Obtaining medical records by court order |
|
|
515 | (1) |
|
f Obtaining medical records by Rule 45 subpoena |
|
|
516 | (1) |
|
|
|
517 | (1) |
|
|
|
518 | (1) |
|
4 Other sources of academic information |
|
|
519 | (1) |
|
5 Address and phone records |
|
|
519 | (1) |
|
a Finding address and phone numbers |
|
|
519 | (1) |
|
b Accessing unlisted phone numbers |
|
|
520 | (1) |
|
c Phone call records and wiretapping |
|
|
520 | (1) |
|
6 Credit records on individuals |
|
|
520 | (2) |
|
7 Credit information on businesses |
|
|
522 | (1) |
|
8 Bank account, credit card, and general financial information on individuals |
|
|
523 | (1) |
|
9 Financial and general business data on corporations and other businesses |
|
|
524 | (1) |
|
10 Online database vendors |
|
|
525 | (2) |
|
11 Background check companies |
|
|
527 | (1) |
|
12 Private investigative firms |
|
|
528 | (2) |
|
a Locating a reliable private investigator |
|
|
529 | (1) |
|
b Working effectively with a private investigator |
|
|
529 | (1) |
|
|
|
530 | (1) |
|
|
|
531 | (1) |
|
|
|
532 | (1) |
|
Key Words and Phrases to Remember |
|
|
532 | (1) |
|
|
|
533 | (2) |
| Appendix: Case Studies |
|
535 | (12) |
|
Case Study No. 1: The Rowdy Outlaw Case |
|
|
537 | (3) |
|
Case Study No. 2: The Red Dog Saloon Case |
|
|
540 | (2) |
|
Case Study No. 3: The Vidalia Unyon Case |
|
|
542 | (3) |
|
Case Study No. 4: The Rocky Road Project |
|
|
545 | (2) |
| Glossary |
|
547 | (22) |
| Table of Cases |
|
569 | (2) |
| Index |
|
571 | |
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