PA305
Unit 8
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Case
Management
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Unit 8
docket control
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A Typical Case Schedule:
All Motions to Dismiss must be filed by:
Jan. 30
Responses to Motions to Dismiss must be
filed by: Mar. 1
Discovery (depositions, interrogatories,
request for
production) to be completed by: Dec. 20
Unit 8
docket control
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Summary Judgment Motions to be filed by:Feb 1
Responses to Summary Judgment Motions to be
filed by: Mar. 1
Pretrial order to be filed by: June 1
Settlement Conferences to be completed by:
June 30
Pretrial Motions to be completed and decided
by: July 15
Trial to start no later than: Sept. 1
Unit 8
examples of docket items
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• Expiration dates for statutes of
limitations
• Judgment renewal dates
• Employee-benefit annual filings
• Renewal dates for copyrights,
trademarks, and patents
Unit 8
examples of docket items
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Renewal dates for leases and licenses
Renewal dates for insurance coverage
Trial court appearance dates
Due dates for trial court briefs
Unit 8
examples of docket items
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• Due dates on various pleadings: answers;
depositions; replies to interrogatories and
requests for admissions; various motions and
notices, etc.
• Due dates in probate proceedings, such as
inventory and appraisal dates
• Appearances in bankruptcy proceedings
• Action dates in commercial law matters
Unit 8
examples of docket items
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• Due dates in corporate or security
matters
• Closing dates for real estate transactions
• Due dates for appellate briefs and
arguments
• Tax return due dates
Unit 8
calendaring deadlines
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CHECK YOUR LOCAL RULES:
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Calendar days:
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System for calculating deadlines that
counts all days including weekends and
holidays.
Unit 8
calendaring deadlines
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Workdays or Business days:
System for calculating deadlines that
refers to only days when the court is
open
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Unit 8
common reasons for malpractice
claims
1. Expiration of the statute of limitations
2. Failure to appear or plead, resulting in a
default judgment
3. Dismissal of a lawsuit for lack of
prosecution
4. Failure to file tax returns or other
documents within the time required
Unit 8
common reasons for malpractice
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5. Failure to file pleadings or to comply with an
order within the time required
6. Failure to answer interrogatories within the
time required
7. Failure to give timely notice when such notice
is a precondition to a recovery of damages
8. Failure to communicate with clients
9. Not knowing what to do next (i.e., the
attorney not being competent in an area)
Unit 8
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Let’s discuss the two cases in chapter 7
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People v. Smith
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In re Riva
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What were these cases about?
Unit 8
written assignment
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Conflicts of Interest
Before an attorney or law firm accepts a
case, a thorough conflict of interest search
should be conducted. Many attorneys and
law firms use computerized software to
perform such a conflict search.
Unit 8
written assignment
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Rule 1.7(b) of the Model Rules of
Professional Conduct provides that, even if
a lawyer has a concurrent conflict of
interest, that lawyer may still represent a
client if:
Unit 8
written assignment
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(1) the lawyer reasonably believes that the
lawyer will be able to provide competent
and diligent representation to each
affected client;
(2) the representation is not prohibited by
law;
Unit 8
written assignment
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(3) the representation does not involve the
assertion of a claim by one client against
another client represented by the lawyer in the
same litigation or other proceeding before a
tribunal; and
(4) each affected client gives informed consent,
confirmed in writing.
Unit 8
written assignment
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Using Westlaw, find one recent court
decision involving an alleged attorney
conflict of interest. Summarize the case in
a paragraph or two, and be certain to
explain the issue in the case and the
court's holding.
Unit 9
final exam
final project
Due next Tuesday night
Questions?
Next week:
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Unit 9 – final seminar of the term!
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Have a great week!
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Click to edit the outline text format

Second Outline Level

Third Outline Level
 Fourth Outline Level