The lecture discussed the complexity of trial preparations and the wide array of roles a litigation paralegal
Question:
The lecture discussed the complexity of trial preparations and the wide array of roles a litigation paralegal may be asked to play. Read the following fact pattern, and then, in your initial post, address the prompts below.
As you prepare your automobile accident client and two friendly witnesses for trial, you find a lot of inconsistencies in their testimony. Where the client states that she constantly complained to her friends and family about the pain caused by the accident, one of the witnesses, the client's mother, shares that the client was strong and didn't let the injuries slow her down. The other witness, a friend, relates stories of going to the beach and drinking margaritas during a time when the client claims they were unable to work. There are medical records that demonstrate ongoing medical care and physical therapy for months after the accident, but the client and both witnesses have shown you Facebook posts where the client was actively exercising, dancing, and seemingly living a full life during the supposed recovery period.
Based on the lecture, the ABA Model Rules of Professional Conduct, your state's Rules of Civil Procedure, or your state's Rules of Evidence:
- Identify one issue that you will need to speak to the attorney about prior to trial. The issue can relate to court rules, rules of evidence, witness testimony, Facebook posts, or other practical concerns. State which rule of ethics, civil procedure, or evidence is involved, and why it is a concern?
- After identifying one issue, design a proposal showing how to minimize any damage from inconsistency in this testimony at trial.