Monday, November 30, 2009

Legal Research

Legal researchis one of the aspects of law that a paralegal absolutely needs to be incredibly proficient in. It is also one of those things that takes time and practice to fully master. It also helps to enjoy performing legal research. It is very important to be able to find the law more than it is to know the law. Proficiency in legal research is the foundation for a successful career as a paralegal. If you cannot perform legal research tasks accurately and efficiently, you will not be a successful paralegal.
There are basically two ways to perform legal research. The first one was the initial way to perform legal research and that was to use the law library and look through books of cases written on paper. The other, and the more technologically savvy and modern is to perform legal research online using Westlaw, Loislaw or some other program. This is the choice of almost every law firm and is the quickest way to perform your research.
To be able to perform legal research the paralegal must know the sources of law in the United States. The first is previous cases or common law. Common law is defined as that body of law that develops and derives through judicial decisions as distinguished from statutes or constitution by Blacks Law Dictionary. Judges follow and use case law to determine current disputes. The concept is called stare decisis pronounced star-ee diss-eye-sis. The doctrine of stare decisis means that once courts have announced a principle of law, they will follow it in the future in cases that are substantially similar.
The next source of law is contained in constitutions and statutes. A constitution sets forth the fundamental law for a nation or a state. It is the document that sets forth the principles relating to organization and regulation of a federal or state government. In the United States it is considered the supreme law of the land. A statute, or law, is a law passed by a legislative body.
A third source of law is administrative regulations. Administrative agencies include Department of Justice, Federal Bureau of Investigation, FDA, OSHA and the like. The agencies perform two functions. They act as a legislature by making rules and regulations that bind us and they act as a judiciary by hearing disputes and rendering decisions.
The fourth source of law in the United States is the Executive Branch. The executive branch creates laws in three ways. The branch creates treaties with the advice and consent of the Senate. Secondly, the president can issue executive orders to regulate and direct federal agencies and officials. Thirdly, the executive branch exerts influence on the law through policies on enforcing laws.
These are the sources of law in the United States legal system. From these sources comes every rule or law that must be abided by. Out of all the great multitude of legal authorities, they can be classified as either primary authority or secondary authority.
Primary authorities are official pronouncements of the law by the executive branch, legislative branch, and judicial branch. The key primary authorities are cases, constitutions, statutes and administrative regulations. Primary sources are those created by a governmental entity. If a legal authority does not fall within one of the previously mentioned categories, it is a secondary authority. Secondary authorities consist of legal encyclopedias, law review articles, books or other treatises dealing with legal issues, law dictionaries, annotations about the law, or expert opinions. The secondary authorities are not the law but rather provide comment, discussion, and explanation of the primary authorities and help you locate the primary authorities. Keep in mind that the purpose of secondary authorities is to explain the primary authorities and locate the primary authorities that must be followed by the court.

Saturday, November 28, 2009

Example Model Will

Last Will and Testament
Of
Sku B. Due

I, Sku B. Due, city of Dalmatian, State of Colorado, being of sound mind and body, hereby make this my Last Will and Testament revoking all former wills and codicils made at an earlier time.

ARTICLE I

I direct that all the funeral and burial arrangements be taken care of by my personal representative.

ARTICLE II

I give and devise my house located at 123 Doggy Lane, Dalmatian, Colorado 80350 to my wife Pat S. Due. I give my 2005 Harley Davidson Road King to my son, Over Due. To be fair, I want each of my daughters, Morning and Sunshine Due, to receive $18,500 each because that is what the Harley Davidson is worth. My coin collection is to be re-appraised at the time of my death and the worth is to be added to my augmented estate. I direct that a trust be created at the moment of my death out of which is to be paid the college tuition of my children.

ARTICLE III

I direct that all the rest, residue and remainder of my estate, real, personal and mixed, or in which I may have any interest to which I may be entitled, shall be given to my wife Pat S. Due. If my wife does not survive me, the remainder of my estate is to be divided up equally and given to my children, Over, Sunshine and Morning and any after born children.

ARTIVLE IV

I hereby nominate and appoint my wife, Pat S. Due to be Personal Representative of this will. If she shall fail to qualify or cease to serve, I nominate and appoint my brother, John Q. Due to serve as Personal Representative in her place.

ARTICLE V

I direct that any Personal Representative be exempt from giving surety on his or her official bond. The word personal representative shall mean any administrator of this will.

____________ ___________ Page 1 of 3
(Initial) (Date)

ARTICLE VI

I appoint my wife, Pat S. Due, as guardian of the persons and property of my minor children, Over Due and Sunshine Due. No guardian appointed in this will or any codicil need furnish any surety on any official bond.


ARTICLE VII

All inheritance, estate, and other taxes in the nature of death taxes, whether state or federal, and any debt that needs to be paid, with respect to any property passing under this will shall be paid by my Personal Representative out of the residue of my estate, and, in addition, my Personal Representative may in his or her discretion pay from my residue all or any part of such taxes attributable to property not passing under this Will.

ARTICLE VIII

Every heir, legatee, devisee, or beneficiary under this will who shall contest in any court any provision of this instrument shall not be entitled to any devises, legacies, or benefits under this will or any codicil to this will or any trust created by this will.

ARTICLE IX

I have, except as otherwise provided in this will, intentionally and with full knowledge, omitted to provide for my heirs who may be living at the time of my death, including any person who may become my heir by reason of marriage or otherwise after the date of the execution of this will.

ARTICLE X

I, the undersigned testator, do hereby declare that I sign and execute this instrument as my last will, that I sign it willingly in the presence of each of said witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, this _____ day of _________, 2008.

________________________
Sku B. Due






___________ ___________ Page 2 of 3
(Initial) (Date)

ARTICLE XI

I, Sku B. Due, the testator, sign my name to this instrument this _______day of ________, 2008, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________
Sku B. Due

ARTICLE XII

We, the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator signed and executed this instrument as his last will in the presence of each of us, that he signed it willingly, that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen years of age or over, of sound mind, and under no constraint or undue influence.

__________________ __________________
(Witness) (Witness)

__________________ __________________
(Witness) (Witness)

Subscribed, sworn to, and acknowledged before me by the said testator and witnesses this _______day of _________, 2008.

______________________
Notary Public
My commission expires:











___________ __________ Page 3 of 3
(Initial) (Date)

Wednesday, November 25, 2009

Example Durable Power of Attorney

I, Condoleezza Rice, a resident of Boulder, CO; designate George W. Bush, presently residing at 1600 Pennsylvania Ave. Washington, D.C., as my attorney in fact, herein referred to as “Agent,” on the following terms and conditions:
Authority to Act. The Agent is authorized to act for me under this Power of Attorney and shall exercise all powers in my best interests and for my welfare. This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent.
Powers of Agent. The Agent shall have the full power and authority to manage and conduct all of my affairs, and to exercise my legal rights and powers, including those rights and powers that I may acquire in the future, including the following:
Collect and Manage. To collect, hold, maintain, improve, invest, lease, or otherwise manage any or all of my real or personal property or any interest therein;
Buy and Sell. To purchase, sell, mortgage, grant options, or otherwise deal in any way in any real property or personal property, tangible or intangible, or any interest therein, upon such terms as the Agent considers proper, including the power to buy United States Treasury Bonds that may be redeemed at par to pay federal estate tax and to sell or transfer Treasury securities;
Borrow. To borrow money, to execute promissory notes therefore, and to secure any obligation by mortgage or pledge.
Business and Banking. To conduct and participate in any kind of lawful business of any nature or kind, including the right to sign partnership agreements, continue, reorganize, merge, consolidate, recapitalize, close, liquidate, sell, or dissolve any business and to vote stock, including the exercise of any stock options and the carrying out of any buy sell agreement; to receive and endorse checks and other negotiable paper, deposit and withdraw funds (by check or withdrawal slips) that I now have on deposit or to which I may be entitled in the future in or from any bank, savings and loan, or other institution;
Tax Returns and Reports. To prepare, sign, and file separate or joint income, gift, and other tax returns and other governmental reports and documents; to consent to any gift; to file any claim for tax refund; and to represent me in all matters before the Internal Revenue Service;
Safe Deposit Boxes. To have access to any safety deposit box registered in my name alone or jointly with others, and to remove any property or papers located therein;
Proxy Rights. To act as my agent or proxy for any stocks, bonds, shares, or other investments, rights, or interests I may now or hereafter hold;
Legal and Administrative Proceedings. To engage in any administrative or legal proceedings or lawsuits in connection with any matter herein;
Transfers in Trust. To transfer any interest I may have in property, whether real or personal, tangible or intangible, to the trustee of any trust that I have created for my benefit;
Delegation of Authority. To engage and dismiss agents, counsel, and employees, in connection with any matter, upon such terms as my agent determines;
Restrictions on Agent’s Powers. Regardless of the above statements, my agent (1) cannot execute a will, a codicil, or any will substitute on my behalf; (2) cannot change the beneficiary on any life insurance policy that I own; (3) cannot make gifts on my behalf; and (4) may not exercise any powers that would cause assets of mine to be considered taxable to my agent or to my agent’s estate for purposes of any income, estate, or inheritance tax, and (5) cannot contravene any medical power of attorney I have executed whether prior or subsequent to the execution of this Power of Attorney.
Durability. This durable Power of Attorney shall not be affected by subsequent disability or incapacity of the principal.
Reliance by Third Parties. Third parties may rely upon the representations of the Agent as to all matters regarding powers granted to the Agent. No person who acts in reliance on the representations of the Agent or the authority granted under this Power of Attorney shall incur any liability to me or to my estate for permitting the Agent to exercise any power prior to actual knowledge that the Power of Attorney has been revoked or terminated by operation of law or otherwise.
Indemnification of Agent. No agent named or substituted in this power shall incur any liability to me for acting or refraining from acting under this power, except for such agent’s own misconduct or negligence.
Original Counterparts. Photocopies of this signed Power of Attorney shall be treated as original counterparts.
Revocation. I hereby revoke any previous Power of Attorney that I may have given to deal with my property and affairs as set forth herein.
Compensation. The Agent shall be reimbursed for reasonable expenses incurred while acting as Agent and may receive reasonable compensation for acting as Agent.
Substitute Agent. If George W. Bush is, at any time, unable or unwilling to act, I then appoint John McCain, presently residing at 241 Russell Senate Office Building, Washington, D.C., as my Agent.

Dated: August 14, 2008
_______________________________Condoleezza Rice
Signed in the presence of:
_______________________________Witness
_______________________________Witness
Subscribed and sworn to before me on [DATE].
____________________________________Notary Public, [COUNTY, STATE]My commission expires ______________.

Tuesday, November 24, 2009

Example Health Care Proxy

(1) Health Care Agent
I, Robert Fielding, hereby appoint: Bob Oberg, of 1109 Mets Ct., Santee, Ca 90210, (619) 562-4002, as my “health care proxy,” to make any and all health care decisions for me, except to the extent that I state otherwise or that I specify in a Living Will document. This proxy shall take effect only when and if I become unable to make my own health care decisions and have no reasonable hope of recovery. The judgment of my inability to make health care decisions is as agreed upon by the attending physician involved in my care, or by other means or additional health care professionals if required by my state law.

(2) Alternate Health Care Agent
If the person I appoint is unable, unwilling or unavailable to act as my health care agent, or has died, or has divorced from me, I hereby appoint: Julio Aguilar, 3525 Princess Ct., Santee, CA, 90210, (619) 562-8399, as my health care agent to make any and all health care decisions for me, except to the extent that I state otherwise.

(3) Expiration and Limitations
Unless I revoke it this proxy shall remain in effect indefinitely.

(4) General Instructions
I direct my health care agent to make health care decisions according to my wishes and limitations, as he or she knows. I have communicated with my agent my wishes regarding artificial nutrition and hydration and give my agent full authority to make decisions regarding artificial nutrition and hydration.

(5) Identification
Name: Robert Fielding
Signature: _________________________________________________
Date: _______________________
Address: 8399 Pebble Beach Santee, CA 90210

(6) Organ and Tissue Donation
I hereby make an anatomical gift, to be effective upon my death of any needed organs, tissues, or parts for the purposes of transplantation only.
Your Signature: _________________________________________________
Date: _____________________

(7) Effect of Copy: A copy of this document has the same effect as the original.

(8) Legal Variations: If, in my state, any instructions on this form cannot be legally followed, all remaining legally valid instructions should still be followed.

(9) Statement by Witnesses
I declare that the person who signed this document is personally known to me and appears to be of sound mind and acting of his or her own free will. He or she signed (or asked another to sign for him or her) this document in my presence. I am not named above as a health care agent for that person. If the person who signed this document resides outside of New York, I also declare that: I am not the person's health care provider, nor an employee thereof; I am not financially responsible for the person's health care; I am not an employee of any insurance provider for the person; I am not a creditor to the person nor entitled to any portion of the person's estate by way of will or other legal document; I am not related by blood, adoption, or marriage to the person.

Date: __________________ Date: ____________________
Witness:________________ Witness:__________________

(10) Notarization:
I, _________________________, a licensed Notary Public, hereby certify that the principal named above appeared before me and swore to me and to the witnesses in my presence that this instrument is an advance directive document, and that he/she willingly and voluntarily made and executed it as his/her free act and deed for the purposes expressed in it. I further certify that __________________and___________________, witnesses, appeared before me and swore that they witnessed Robert Fielding sign the attached health care power of attorney, believing him/her to be of sound mind; and also swore that at the time they witnessed the signing, they were not related within the third degree to him or his spouse. I further certify that I am satisfied as to the genuineness and due execution of the instrument.
This the _____ day of _____________,20________.
County of_______________________________
State of _______________________________
Notary Public ________________________________________________
My Commission Expires: ______________________________________________

Monday, November 23, 2009

Example Separation Agreement

This was an assignment in school while obtaining my paralegal certificate. The names and facts herein are falsified and were created for the sole purpose of completing this assignment.


This agreement made this 27th day of May, 2008, between Karen Nicole Stevens, herein referred to as Wife and Daniel David Stevens, herein referred to as Husband.

The parties were married on September 1, 1992 in Boulder, Colorado. There are two children from this marriage named Jason Alexander Stevens born on July 4, 1995 and Jordan Michael Stevens born April 1, 1998.

Differences have arisen between the Husband and Wife as the result of which they are now living separate and apart. Husband and Wife have entered into this agreement freely, with the advice of counsel, and acknowledge the provisions are fair relating to their property rights, custody of their children as well as support to the spouse with more parenting time.

The Husband and Wife have made complete, fair and accurate disclosure to each other on all financial matters reflected in this agreement. Proof of this shall be attached to this agreement by means of financial affidavits.Neither party shall in any way molest, disturb or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other to associate, cohabit or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever. Neither party shall directly or indirectly make statements to each other, or any other persons, which are derogatory of the other party.

Custody of the children will be shared but will primarily reside with the Wife. Both spouses will have equal decision-making rights. Husband will have custody every other weekend but may not have the children near Husband’s girlfriend because this would not be in the best interest of the children and may be detrimental to their relationships with their father and mother. The Husband and Wife must adhere to the parenting plan that is attached to this agreement. The Husband may come during the week and visit his children but may not bring his girlfriend nor take the children home with him at the end of the visit. Also if the Wife so desires she may visit the children on the weekend but must be agreed with by the Husband because this is the only times the Husband has to see the children.

The Husband must pay the wife in child support for the time the children are at home all week. Child support in the amount of $1130 per month shall be given to the Wife for the support and maintenance of the Husband and Wife’s two children. This support was based and calculated on the financial information of both spouses found in the financial affidavits attached to this agreement. This support is to terminate when the children reach the age of 18 years. The support payments are to begin when this agreement becomes effective. The payments are to be halved between the two times the Father gets paid in the month. In other words, $565 will be paid to the Mother from the first check the Father receives in the month and $565 will be paid to the Mother from the second check the Father receives in the month.
The property at 4135 Columbine Rd. Fort Collins, CO 80525 is to be given the full deed to the Wife by the Husband. The Husband chose to leave the home and dissolve the marriage and it is in the best interest of the children not to have to move homes or schools. The Wife has an obligation to refinance the home loan within six months to get the Husband’s name off the loan. The Husband must pay $702.50 each month for the home loan until the Wife has refinanced the home loan. This is approximately half of the cost of the monthly payment for the current home loan.

The $10,000 the parties owe the petitioner’s parents for their home is to be added to the refinanced home loan that the petitioner receives. This money will be paid to the parents upon distribution of the refinanced loan.

The Husband and Wife are responsible for paying half of all the credit card debt that has accrued from their marriage. They owe approximately $7900 of which Husband and Wife respectively owe $3950. This is to be paid at the same rate that the parties paid while still married but split in half between the parties.

The Husband is entitled to the bedroom set the parties currently own. The Wife is entitled to the antique bedroom set that she inherited from her Aunt Tillie. The Husband will retain his coin collection free from any equity to pay the Wife. The rest of the personal property will be divided equitable amongst the parties after the signing of this document.



_______________________ __________
Petitioner Date

_______________________ __________
Respondent Date

_______________________ ___________
Witness Date

_______________________ ___________
Witness Date

Real Property Law

What is real property? Property is classified into two classifications; real and personal. Real property relates to land and those things attached including homes, office buildings or trees. Personal property (chattels) may include living objects like animals or inanimate objects such as a stereo. Property is either tangible or intangible. Tangible property is property that has a physical substance like a car. Intangible property is property that represents a set of rights or control or ownership of something of value.
Real property is more than just earth and the things that are attached to it. Real property includes everything beneath the surface of the earth and in the air space above. So an owner of real property usually owns all the minerals beneath the surface of the land provided any previous owner has no claim in those rights.
Trees, plants, and other things that grow may be considered real property. Annual crops produced by labor are considered personal property. An owner of real property has certain ownership rights to use water that is located on the surface or beneath the surface of the land. The right to the beneficial use of the water is governed by one of two areas of water law known as riparian rights and appropriation. Riparian rights are rights of the owners of lands adjoining streams, rivers, and lakes relating to the water and its use. An owner of riparian land has the right to use the water equally with other owners of riparian lands. Because of this a riparian owner has no right to interfere with the natural flow of water in the river, stream or lake. Appropriation on the other hand is a doctrine stating that water belongs to the person who first makes beneficial use of it. In this theory of water rights, it is required that a landowner show valid appropriation. The elements of valid appropriation are intent to apply water to a beneficial use, an actual diversion of water from a natural source, and application of the water to a beneficial use within a reasonable time.
What are the methods of acquiring ownership to real property? The main methods of acquiring ownership include inheritance, devise, sale, adverse possession or gift. Inheritance and devise are two ownership transfers that occur when the previous owner dies. Inheritance is the passage of title and ownership of real property from one who dies intestate (without a will) to people whom the law designates. To obtain ownership of real property through devise means that ownership transfers through a last will and testament. A will is a legal document prepared during the property owner’s lifetime that indicates where and how the owner’s property is to be dispersed at the owner’s death. The conveyance of real property in a will is referred to as a devise.
Ownership to real property can also be obtained by gift. A gift upon execution is irrevocable. The promise to make a gift is revocable. Real property can be obtained by buying the property. This is the transaction that involves most real estate paralegals and attorneys. Adverse possession is another method of obtaining ownership to real property. Adverse possession is a method of acquiring ownership to real property by possession for a statutory time period. The possessor must possess the property for a period of time ranging from seven to twenty years. The possession must be adverse, which means without the consent of the true owner. In addition to the possession being adverse, it must be public, continuous, peaceful, exclusive, and uninterrupted.

Friday, November 20, 2009

Real Estate Paralegal

The paralegal participates in every aspect of a real estate law firm. The skills used by paralegals in a real estate law firm include preparation of legal documents, examination and review of real property titles, preparation of land descriptions, preparation and review of leases, and fact-finding investigation required to represent purchasers, sellers, and lenders in connection with real estate transactions. Real estate paralegals are employed in private law firms, corporate legal departments, and government agencies. Real estate is a “bread-and-butter” section of many law firms, from sole practitioners to the largest national firms. Most paralegals employed by law firms or corporations are used to assist in the transfer of ownership to real property, the development and leasing of real property, and the closing of loans secured by real property.
A paralegal may prepare a real estate contract. The preparation of a real estate contract may be considered the practice of law in some states, so the paralegal would need to work under the supervision of an attorney. The attorney would do the final review and approval of the contract and would be responsible to the client for its content. The preparation of a real estate contract must be done with considerable care. It is important that all the language in the contract be drafted clearly.
The real estate paralegal must develop organizational skills and learn to work in a timely fashion. They must also never neglect the personal part of the practice of law. It’s important to get to know the clients and various styles of conducting business and to work within those parameters. If there’s one thing people care most about it’s their money. When you’re dealing with real estate, you’re dealing with a lot of money. Clients take this very seriously as should you. Be Positive. Be Professional.

How to Write a Motion

Review the Rules of Civil Procedure which govern the filing of motions for the state you’re in.
What are the requirements that have to be met?
Find or Create a flexible caption which is the first thing on the motion.
Name your motion
Opening paragraph
The Petitioner (or Plaintiff, or Defendant, or Respondent) appear, by and through (his or her) attorney, (insert attorney’s name) and respectfully requests that this court enter its order (state what you want the court to do)
List what you want, and why in numbered paragraphs. Remember to cite law. If you don’t, your motion can be stricken or denied. Some motions will require a brief in support of the motion and/or an affidavit.
Conclusory paragraph.
Wherefore, the Petitioner requests that this court (state again what you want the court to do). The Petitioner further requests that the court grant to (him or her) such other and further relief as it finds to be just and proper under the circumstances.
Date.
Respectfully Submitted and signature block
Certificate of Service

Certificate of Service
I hereby certify that on the ___day of ________ 2009, I served a true and correct copy of the foregoing (motion-use its full name) upon (who-counsel for the Defendant, for example) by (doing what? E.g. placing the same in the U.S. mail, first class postage prepaid, addressed as follows-or other method as provided in the rules)

Rick Jennings
Attorney at Law
666 Devil’s Way
Fort Collins, CO 80521

Proposed Order

Every motion needs to have a proposed order submitted with the motion. Remember the court is not your secretary and will not prepare the order. The lawyer (which means paralegal) who draft the motion writes the proposed order.
Exception: if there will be an actual hearing on the motion, then no order has to be submitted when the motion is filed; after the hearing, the prevailing party will be instructed to draft the order within a certain number of days.

Brief in support of Defendant’s Motion to ______

A brief in support of is the portion of the motion in which legal arguments are presented. It is similar to a legal memo, but rather than being neutral is argumentative in favor of your client’s position. In the Brief In Support of, begin with a paragraph again asking the court to do something. For Example:

The Defendant, by and through his attorney, Yogi Bear, respectfully submits the following Brief in Support of _______ which requests the court (do something).

Then continue with the argument. Cite applicable cases and statutes and explain why they pertain to our case and why the judge should rule in our favor.

End with another request to the court

Dated and Signed

Certificate of Service






As an example I have placed one of my motions for complaint that I completed during my training to get my paralegal certificate. The facts and parties in this case were artificial and do not exist.

COURT USE ONLY Small Claims County Court District Court
Probate Court Juvenile Court Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave, Larimer County, Fort Collins, Colorado

Patty Plaintiff,

Plaintiff,

v.

Dennis Dimwit,

Defendant
Rick Jennings
1609 Oakridge Drive
Fort Collins, CO 80525
Phone Number: (307) 223-2669
FAX Number: (970) 223-2796
E-mail: rickj@yahoo.com
Atty. Reg. #: 22344













Case Number:



Div.: Ctrm:

Complaint for Damages


The Plaintiff appears, by and through her attorney, Rick Jennings, and respectfully submits this complaint against the defendant, Dennis Dimwit.

I. JURISDICTIONAL ALLEGATIONS

This Court has jurisdiction over the parties and the subject matter of this action.

1. The Plaintiff, Patti Plaintiff, resides at 234 Cowcrapsmell Street, Greeley, Weld County, Colorado.

2. The Defendant, Dennis Dimwit, resides at 567 Harmony Ave, Fort Collins, Larimer County, Colorado.

3. Venue for this complaint is correct pursuant to C.R.C.P. 98(c)(1)




II. GENERAL ALLEGATIONS

On June 30, 2007, at approximately 9:00 p.m., Patty Plaintiff was crossing Broadway Street at its intersection with Iowa Street in Denver, CO.

She had just stopped at the 7-11 Store at the northwest intersection of those two streets to buy some bottled water and some breath mints.

Her destination was Herman’s Hideaway, which is located across the street from the 7-11 at 1540 S. Broadway, Denver, CO.

Dick and Chicks, a popular rock-n-roll band from the 80’s was having a reunion concert and Patty was scheduled to meet a girlfriend there.

As Patty crossed the street, within the crosswalk and with the light, Dennis Dimwit was driving his 2006 Lexus sedan southbound on Broadway.

The light facing Dennis was green and when he was approximately 150 ft. north of the intersection the light turned yellow.

Dennis then sped up to pass the intersection before the light turned red.
Patty stepped into the crosswalk once the light indicated she could go and was crossing the street, carrying her water bottle, chewing her breath mints, when Dennis hit her going approximately 35 m.p.h.

Patty was tossed approximately 20 feet into the intersection and when she landed, she had broken her right leg at the femur.

She was taken to University Hospital in Denver by ambulance where she was treated in the emergency room.

The medical expenses, including follow-up medical care were $6,000. Patty missed three days of work which caused $500 in wage loss.

III. FIRST CLAIM FOR RELIEF – NEGLIGENCE

Plaintiff incorporates paragraphs 1 through 11 as if fully set forth herein.

Mr. Dimwit owed a duty to Ms. Plaintiff and the general public to drive safely and obey all traffic laws.

Mr. Dimwit breached that duty when he sped up in order to get through the light before it turned red.
This action caused Mr. Dimwit to run the light while Ms. Plaintiff was in the crosswalk and strike her with his vehicle.

Patty Plaintiff received a broken leg and a trip to the hospital resulting in the amount of $6,000. Patty also missed three days of work having $500 in lost wages. General damages in the amount of $18,000 are requested.

Mr. Dimwit is liable to Ms. Plaintiff for the injuries and damages described.

III. SECOND CLAIM FOR RELIEF – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.

Plaintiff incorporates paragraphs 1 through 17 as if fully set forth herein.

Mr. Dimwits’ acted with negligent conduct when he sped up and struck Ms. Plaintiff.

Ms. Plaintiff experienced pain and suffering as a result of the accident.

Mr. Dimwits’ actions were the cause of Ms. Plaintiff’s emotional distress.

Patty Plaintiff incurred hospital bills worth $6,000. She also missed three days of work having $500 in lost wages. General damages in the amount of $18,000 are requested.

Mr. Dimwit is liable to Ms. Plaintiff for the injuries and damages described above.

WHEREFORE Plaintiff requests that this court enter its judgment against Dennis dimwit in an amount to be determined at trial. Plaintiff further requests that this court grant to her such other and further relief, including but not limited to interest from the date of the cause of action accrued pursuant to statute and costs, including expert witness and attorney’s fees, as the court finds to be just and proper under the circumstances.

PLAINTIFF DEMANDS A TRIAL TO A JURY OF SIX.

Dated:__________ PATTY PLAINTIFF, PLAINTIFF

_________________________
Rick Jennings, #22344
Attorney at Law
1609 Oakridge Drive
Fort Collins, CO 80525

Plaintiff’s address:
234 Cowcrapsmell Street
Greeley, CO

Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon her oath, deposes and states that hse is the Plaintiff in the above-referenced action, that she has reviewed the foregoing Complaint, and that the statements made therein are true and correct to the best of her knowledge, information, and belief.

_______________________
Patty Plaintiff, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by Patty Plaintiff.
Witness my hand and official seal. My commission expires:


______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525

Thursday, November 19, 2009

The Electoral College

The Electoral College is a mechanism for the indirect election of public officials as defined by Webster’s Dictionary. In the United States it’s used for the purpose of electing the President and Vice President of the United States. It’s made up of a 538-member College and is created with each state having as many electors as it has representatives and senators in the national legislature, plus 3 for the District of Columbia. To be elected, a candidate must obtain an absolute majority in the Electoral College, currently 270. If no candidate gains an absolute majority the US House of Representatives makes the choice, with the delegation from each state having one vote.
Controversy has surrounded this institution for centuries. On the one hand, there are several factors that suggest the Electoral College should be maintained. For one, opponents claim that the college is not a good idea due to the fact that the president can be elected without getting the popular vote. This is completely untrue seeing as there is no popular vote to obtain. The presidency is determined by 51 separate popular elections, each of which is held in each state. The state's electors then go out and vote based on the results of this election. It logically follows that the presidency is determined by 51 popular votes, making the president determined by a "federal" popular vote. However, what opponents are attempting to say is that the presidency should be determined by a "national" popular vote. First and foremost, nowhere in the Constitution does it say that a federal popular vote is not a popular vote or that a popular vote must be national. What the opponents are proposing is to eradicate the states from the election process and essentially decrease state power in the executive branch and federal government. This would destroy the federal principle, which is the delicate balance of power between the federal government and the states. Additionally, the Electoral College gives a voice to human minorities. Opponents of the electoral system claim that the Electoral College fails in this regard because there has never been a female president, an African-American president, until today, or a Hispanic president. This is an unjust assault. The Electoral College is merely a system that is used to count votes and make a decision. How the people vote and for whom they vote is their own prerogative. Minorities do in fact have a voice with the Electoral College. Minorities can band together and form a coalition that wields a huge amount of political power. Their voting power may swing the election in a certain place, usually big cities. The Electoral College also maintains the small-state advantage. The small-state advantage allows small states in the Union to have a say in the presidential election process. Without the promise of being able to make a difference in the election process, there is virtually no reason a small state should remain in the United States. Without any power in government, there would be no reason to stay. Again, without this, candidates only have to campaign in large influential areas and ignore everywhere else. This would discourage the small states and would lower voter turnout even more than it is now. Likewise, some would argue that the small-state advantage means that the small states have more voting power than large states. The Electoral College is the only thing that promises a definite winner in a campaign, and promises a swift and sure decision. There are even provisions that take effect when no one gains the necessary majority, again something that would be a failing in a direct popular vote. It provides a swift and orderly transition of power, and maintains the balance of the three branches of government and the separation between church and state. On the other hand, while there are numerous reasons to keep the Electoral College, there are just as many reasons to abolish it. All of the above reasons can be refuted in an argument to abolish the Electoral College. For instance, many argue that the Electoral College is an antiquated system that was created to keep the people out of the government. There is no reason to keep the people out of government; people today are mainly well educated and literate-and not British insurgents. Thus, keeping the people out of the government, as the founders wanted, should no longer be an issue. There won't be any tyrannical majorities when everyone can read and think for themselves due to their education. The people should be allowed to directly elect their own officials and should not be forced to accept the will of a little more than 500 electors. This makes the will of the majority not important. Many maintain that the main problem with the Electoral College is the fact that, built into its very structure, the president may be elected without ever gaining the popular vote. This means that the people of this country will not support the president; he will not have the essential national support, a critical backbone without which the president's term would be severely crippled. It is argued that the Electoral College distorts presidential campaigns due to the fact that presidential campaigns would take place mainly in the swing states, meaning large developed and urban states would be the center of attention while the candidates ignored the other states. Small states and minorities have no power in this system and the fact that they do not hold enough power in the electoral system to have a significant impact. With their small amounts of electoral votes, campaigning in these states is not a priority, and although minorities can vote, their voices too are lost in the noise from the large states that are of interest to the candidates when campaigning. Meanwhile, some opponents of the Electoral College even say that the small states are grossly overrepresented in Congress in the first place, and by giving them this extra power, the Electoral College is in actuality distorting the balance of power between the states and tipping the balance in the favor of the small states. Perhaps the most important of all the points against the Electoral College is the fact that the college violates the one-vote one-person rule; each person's vote should count only as one person. However, when the state that the person is voting in has more electoral votes than another state, the power of those people voting in the first state would be more significant and have a greater impact on the overall election than the person voting in the second case. Their voting power becomes greater than the voting power of other individuals in other states, violating the principle that each person should have only one vote. After reviewing both sides of the controversy it is easy to understand why the government is so deadlocked over the issue of the Electoral College. Changing the system would require an amendment to the constitution, since this is the only way to change a stipulation of the document itself.





Bibliography
“Constitution of the United States,” Article 2, Section 1, Clause 2.

Deneen, Patrick. "Controversy in presidential race should not call Electoral College into question -." The Daily Princetonian. 17 Nov. 2000. 21 Jan. 2009 .

"NARA Federal Register U.S. Electoral College." National Archives and Records Administration. 19 Jan. 2009 .

Schmidt, S., Shelley, M., Bardes, B., (2009) American Government and Politics Today 2008-2009 Brief Edition. Wadsworth, Cengage Learning.

Wednesday, November 18, 2009

How to Write a Memorandum of Law (internal)

How to Write a Memorandum of Law
(Internal)

1. Heading
MEMORANDUM
To: Attorney name
From: Paralegal name
Date:
RE:

2. Statement of the issues presented
Number each issue and be concise (remember issues are always framed as questions) and no more than one sentence per issue.

3. Short summary of the conclusion
Provides a quick yes or no answer to the questions framed in the issues and a statement of why.

4. Statement of the facts (objectively stated)
Gathered information from interviews with client and facts gathered in investigation.

5. Discussion
Identify points of law with supporting authority.
Analysis of the law and facts, with citations to relevant authorities.
Quotes from relevant statutes, codes, cases and other sources.
Relating research to the facts.

6. Conclusion
Summary of what the research has shown the law to be relative to the facts. Opinion is okay but be sure to include the likelihood of how a court would rule, leave advocacy of client’s case for negotiations or trial.
As an example I am putting one of the memorandums I did while I was in school getting my Paralegal Certificate. It was a hypothetical case that involved false persons with false facts.
MEMORANDUM

To: Rick JenningsFrom: Chris Hardin
Date: March 10, 2008
RE: Search and Seizure (Final Project)
Issues:
1. Was the search of the bag a legal search by the police officers?
2. Did the officers have a reasonable articulable suspicion that Dan committed a crime before the search?
3. Did this encounter develop from a consensual interview, to an investigatory stop, to an arrest?
Brief Answer:
1. The search of the bag was a legal search because of Dan’s consent during a consensual interview.
2. The officers did have a reasonable articulable suspicion that Dan had committed a crime before their search of his bag based on their questions during the interview and the fact that he was acting suspiciously.
3. This encounter did escalate from a consensual interview to an investigatory stop to an arrest after the officers had consent to search the bag that led to them finding a suspicious package which was methamphetamine that led to Dan’s arrest.
Facts:
Dan was arrested and charged with possession and intent to sell methamphetamine. Police officers boarded a bus to ask the passengers questions individually. The officers did not block the door, but were standing in the aisle. The officers spent five minutes talking with Dan after they noticed he was acting suspicious and then they asked to search his bag. Dan consented to this search.
The officers found a suspicious package in the bag and asked Dan to step off the bus. While standing right next to the bus, the officers opened the package and discovered four pounds of methamphetamine. Dan denied the bag was his including everything inside. Dan originally said he had no baggage despite being on the bus for several days. The officers then arrested Dan. Dan’s fingerprints were later found on the handle of the bag but not the package of methamphetamine.
Discussion:
According to the facts given, the encounter with the police officers and Dan in the bus was a consensual interview that had escalated to an investigatory stop which then escalated to an arrest. In People v. Whitaker 32 P.3d 511 a case with the exact same facts as in our case the court found that the initial encounter was a consensual interview that had escalated into an investigatory stop. In People v. Paynter 955 P.2d 68 we find the description of what constitutes a consensual interview. In this case the court found that asking a person for their identification does not escalate an encounter into an investigatory stop. Under 955 P.2d 68, 11 a consensual interview is not a search which doesn’t implicate any 4th amendment protections. During a consensual encounter a police officer seeks the voluntary cooperation of an individual by asking non-coercive questions. Also, a citizen is free to leave at any time during such an encounter or is allowed to ignore police officers questions. In People v. Paynter the court found that asking a person for identification or questions in general as well as identifying oneself as a police officer does not convert an encounter into a constitutionally protected seizure. 955 P.2d 68, 10. Similarly in our case, the police officers were asking questions and did identify themselves as police officers but did not coerce Dan nor did they search his bag before Dan had consented to the search. In Paynter, they establish that a person is free to leave and may ignore any questions a police officer asks. In Paynter, the officer asked for identification without a reasonably articulable suspicion that Paynter had committed a crime thus negating any seizure thereafter. In our case the officers searched Dangerous Dan’s bag after he consented where a suspicious package was found, which escalated the consensual interview into an investigatory stop. The fact that they found a suspicious package gave the officers a reasonably articulable suspicion that Dan had committed a crime.
In Whitaker, the consensual interview escalated into an investigatory stop. During the consensual interview Dan initially stated to the police officers that he had no luggage despite being on the bus for several days. The same set of facts occurred in Whitaker. What the court found in Whitaker is that this was a suspicious answer that led the police officers to believe more that the defendant had committed a crime. They also found that because the package was in view of a public conveyance, and its appearance appeared to contradict Dan’s statement that he had no luggage. There is neither prolonged questioning nor repeated questions about the defendant’s stated lack of luggage that would create an unconstitutional escalation from a consensual encounter into an investigatory stop.
To determine whether an investigatory stop has escalated into an arrest there has to be four factors established. In People v. Rodriguez 945 P.2d 1351, these four factors as used by the court are: length of detention, whether the investigation was diligently pursued, whether the suspect was required to move from one place to another, and whether there were alternative and less intrusive methods available which the police unreasonably failed to pursue. To determine if Dan was unreasonably moved from inside the bus to outside the bus, after finding the suspicious package the court looks at these four factors. In Rodriguez the court found that the length of the detention of Rodriguez was reasonable in that most of the time the officer detained Rodriguez was trying to find the correct VIN of the vehicle which was part of the original reasonable suspicion of the investigatory stop. The court found that the police officer erred when it took Rodriguez and his family ninety minutes out of their day and traveled ten miles in an opposite direction. In our case the police officers took Dan right outside the bus and searched the rest of the bag including the suspicious package at which time they found the methamphetamine. The fact that the police officers didn’t open the suspicious package until after an investigatory stop was established and that they only talked to Dan for five minutes as well as took Dan just outside the bus means the police officers were acting legally and that the consensual interview that led to an investigatory stop which led to the arrest of Dan was legal.
Conclusion:
Fourth amendment protections are not a defense for Dan because the officers didn’t search his bag until Dan gave them consent to do so. After this consent, a suspicious package was found that escalated the consensual interview into an investigatory stop because the officers then had a reasonably articulable suspicion that Dan had committed a crime. Once the investigatory stop was established the police legally searched Dan’s bag and found methamphetamine which resulted in Dan’s arrest. The police acted legally and completed the four factor test to escalate an investigatory stop into an arrest.

Tuesday, November 17, 2009

Qualities of Successful Paralegals

To be a successful and professional paralegal you must possess or obtain the qualities necessary. Not only is a general knowledge of the law important but the paralegal must possess critical thinking, organizational, research, writing, oral communication, and interpersonal skills. In addition to these core qualities paralegals must be prepared, analytical, resilient, ability to work with details, be logical, good professional judgment, and a certain tough skin.
Preparation at all times is a must for successful paralegals. Their work must be completed within agreed-upon time frames no matter what their workload. Beyond that, they must anticipate what attorneys will need and be prepared to respond to these needs with little or no advance notice.
Analysis is required when preparing and reviewing documents as well as reading and applying the law. The ability to think critically and to find creative answers is essential. The paralegal must read through cases and be able to pick out the facts and issues that pertain to their client’s case and to then put that information in a useful format for the supervising attorney to understand. Presumably this would be in an internal legal memorandum.
Resiliency allows paralegals to adapt to changing circumstances and to persevere no matter what transpires. The litigation process can be very grueling and unpredictable, and attorney’s moods can shift with the status of a case, so flexibility is a wonderful attribute.
Ability to work with details is a key ingredient of paralegal success. Many paralegal tasks require astute attention to detail, and attorneys, who can sometimes be oblivious to the details of case management, rely on paralegals to attend to the minutiae they might overlook while attending to the planning of legal strategy.
Logic is the cornerstone of the law. Legal reasoning involves the application of legal principles to specific, factual situations and, therefore, requires the utilization of logic.
Effective communication skills in both writing and speaking are vital to competent paralegals. They must be able to express themselves clearly, concisely, logically, and persuasively. Such skills allow them to work well with clients and other members of the legal team as well.
Good professional judgment includes using suitable language, dressing appropriately, taking direction, responding appropriately to requests and questions, working within time constraints, and knowing when to ask for help.
Even though attorneys are professionals and able to adapt quickly to situations, some attorneys can come off as being harsh when deadlines start approaching. It is imperative that the paralegal let this not affect their thinking. The attorney is not mad at the paralegal but at the situation. It’s important to keep your resolve and to remain professional. Always remember, Be Professional and Be Positive.

The Legal Memorandum

The legal memorandum is a legal document used by legal professionals to convey certain information by researching an area of law thoroughly and setting forth your findings, both positively and negatively to your side, in a specific format. The purpose of this is so that you are aware of the strengths and weaknesses of your case so that your supervising attorney can make a better informed decision about how to proceed with the case. Researching and writing a memorandum is often a challenging but satisfying task because it requires the paralegal to integrate both their research and writing skills and to present these in such a way that a reader can know exactly the strengths and weaknesses of a specific case.
When writing a memorandum it’s important to remember to be objective. The most difficult part of writing a memo is remaining neutral to the case and your client and staying objective. The phrases “I feel” or “I believe” should be ignored while writing a memorandum. The memorandum is used to be informing to the reader of the findings of the authorities and not interjecting your opinions.
The memorandum also needs to be specific. While doing your research try to match similar facts that are in this case with other cases. The closer you can get to another case having the same facts the better your potential argument will be later during the case. Only look for specific questions of law during this research and avoid things that may closely resemble legal questions in your case.
The paralegal should also be complete in writing the memorandum. The task of the memorandum is to read and analyze the cases and apply them to the facts of the client’s case, then presenting this as a finished professional research memorandum. Put yourself in your supervisor’s place and consider what you would need to know to understand fully the client’s case.
Some tips to think about while writing a memorandum include to not use first person pronouns. Use the complete Bluebook citation form so that if the memorandum becomes the basis for a document submitted to court, you will not have to return to the law library to track down cites. Some law firms maintain files of previously prepared memorandums. Before beginning a new project, check the memorandum back to see if a memo on your topic has previously been prepared. If no memorandum bank exists, offer to establish one. Some attorneys prefer that all cases cited in the memorandum be photocopied and attached to the memorandum for ready reference. Gather all documents and materials before you begin to write. After you shepardize or keycite, provide your supervisor with copies of cases that negatively affect any cases cited in the memorandum so they can be reviewed. Save memorandums you have prepared and others you come across in your own mini-memo bank. You may be surprised how often you will need to retrieve previously prepared memos to verify certain legal issues or to use as a starting point for a new project.

Monday, November 16, 2009

International Shoe Case Brief

This is a popular case brief that nearly all law schools make thier law students brief. International Shoe was a landmark decision made by the U.S. Supreme Court holding that a civil defendant could not be subjected to personal jurisdiction by the courts of a state unless the defendant had certain mimimum contacts with that state.


International Shoe Co. v. Washington, 326 U.S. 310 (1945)

Procedural History:
The Supreme Court of Washington ruled that the regular and systematic solicitation of business in the state was enough to constitute business in the state. International Shoe can be tried in Washington.

Facts:
International Shoe is a Delaware company based in St. Louis. They have some salesmen on commission in the state of Washington but don’t have any offices there. Washington is trying to get the company to ante up for its unemployment fund. Washington served Shoe notice of assessment by personally delivering it to one of their salesmen in Washington as well as sending registered mail to their home office in St. Louis.

Issue:
Can the defendant be held to proceedings in Washington courts without the violation of the Due Process Clause?

Holding:
Yes, the defendant can be held to proceedings in Washington courts without the violatino of the Due Process Clause.

Rationale:
The court found that International Shoe conducted “systematic and continuous” business within the state of Washington because of the hired personnel in the State. There was a large volume of interstate business with this state created through International Shoe and the State of Washington through these hired personnel. The court also found that because the fact that the company International Shoe and its hired personnel were receiving the protection of the laws of Washington that the state of Washington had in personam jurisdiction with International Shoe. The personnel that were hired in the state of Washington lived permanently in Washington means that the company had a permanency for doing business with the State.

Decision: The Supreme Court upheld the lower court’s ruling for the state of Washington

Overview of the Constitution

The constitution of the United States is the fundamental and organic law of the nation, which establishes the institutions of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights. Our current constitution is a reformation of our country’s original constitution, which was called the articles of confederation, which was established in 1776 after the American Revolutionary war. Under the articles of confederation, the states were given much power and the federal congress was relatively weak and had little power over the states and no power to levy taxes. Obviously there was a need for change and delegates from all states met in 1786 to revise the articles of confederation but ended up drafting a new constitution.
The new constitution split the power of the government into three branches to discourage any branch from abusing power. These three branches were the legislative, the executive, and the judicial. The legislative branch was in charge of creating new laws and consisted of the House of Representatives and the Senate making up congress. The executive branch was for a single person called a president to act as commander-in-chief and enforce the law. The Judicial Branch was to interpret the laws using the Supreme Court. The new constitution had seven articles to outline what each branch does and currently has twenty-seven amendments.
Under Article I of the US constitution it gives the powers of the congress to make laws. The legislative branch is congress, which is made up of the House of Representatives and the Senate. Under the House of Representatives, there are representatives from each state and the number of representatives from each state is according to the population of the state. The current ratio is 1 representative for every 30,000 people. The House represents public opinion. Under the Senate there are only two representatives from each state. The Senate represents the government of the individual states. When deciding on a law both houses must agree for a law to be passed but is checked and balanced by the executive branch where veto power is given.
In Article II of the US constitution is the executive branch. Under the executive branch of government a single person is elected by an electoral college to become the president and be commander-in-chief. The president has the power to control the army, grant pardons, make foreign treaties and appoint judges to the Supreme Court. The president also has the power to veto any bill or law passed by the legislative branch.
In Article III of the US constitution is the judicial branch. Under the judicial branch laws are interpreted and contain the federal court system with the highest court of the land being the Supreme Court.
Under Article IV of the US constitution is the states within the federal structure. The states must adhere to and by the US constitution and must respect other states decisions of citizenship and crimes convicted upon individuals. Article IV also explains how a state can be admitted to the union.
Article V describes the amendment process to the constitution, which is necessary for flexibility, and to adapt to changing times. Amendments are proposed by 2/3 of both the house and the senate or if 2/3 of the state legislators call a convention for proposing new amendments. Amendments must be ratified to become a part of the US constitution and this is done only when ¾ of all state legislators agree to the amendment or ¾ of special ratifying conventions in each state agree.
Article VI describes the legal status of the constitution. It establishes that the government outlined in the constitution is the most powerful government in the land.
Article VII explains the ratification of the constitution. It says how nine of the original thirteen states must agree to it before it is put into effect.
After the seven articles of the constitution follows the twenty-seven amendments. The first ten of which are considered the Bill of Rights where they describe the rights of the individual and the state. The first ten amendments describe the right of individuals to freedom of religion, speech and the press, the right to bear arms, the right against the forced quartering of soldiers, unreasonable searches and seizures, a trial by jury, double jeopardy, self-incrimination, rights of the accused, common law, cruel and unusual punishment, rights that are not enumerated in the constitution are secure, and reserving for the states all powers that are not explicitly granted to the federal government by the constitution.
Following the Bill of Rights, amendments to the constitution include forbidding the citizens of another state or a foreign country from suing the state, and provide that electors state on their ballots the person they want for President and Vice President. Following amendments forbid slavery, forbid states from passing laws depriving any person from life, liberty or property without due process of law, and forbid the U.S. or any state from preventing a person from voting because of race. Amendments that permit income tax, allow people to elect senators, the prohibition of alcohol which later becomes repealed in the twenty-first amendment. Amendments that give the right to women to vote, changes the term of the president, forbids the U.S. to abridge any citizens right to vote because of failure to pay a poll or other tax, sets up a plan for the vice-president to take over when the president can no longer, and the last amendment permits eighteen year olds to vote.

Friday, November 13, 2009

Easing into the Paralegal Field

Upon graduation from the Institute of Business and Medical Careers with my brand new 4.0 GPA Paralegal Certificate, I found myself in a down economy with jobs disappearing left and right. Law firms were laying off their paralegals in order to save money because less and less people were seeking legal help. Now the paralegal job market was being flooded with professionals with far more experience than I, and as you paralegals know, experience is what employers are looking for.
The best way to remedy this situation would be to "take the bull by the horns," and get yourself out there. You need to make sure that your resume is up to date and very professional as well as have a crisp cover letter. If you have these two things you need to start researching law firms in your area and looking for the type of law firm you would enjoy working for. Once you have your list of firms that you want to work for you need to put on your best garb and take your resume and cover letter and walk right into those firms. Attorney's like when they see a potential employee walking into their firm because that's exactly what the attorney's did in law school for their internship. It shows you have confidence and are willing to do anything in order to impress your future employer.
Of course while your doing this, you need to still look for jobs online or wherever you can think of. You need to talk to people during the day and basically just market yourself. If someone you might run into knows of an attorney who was looking for a paralegal, now they know someone to tell that attorney about. It's all about getting your name out there. It's a numbers game. Quantity of Quality.