Part I: Whose Rules Rule? A paralegal’s guide to getting stuff done.

The legal field is embedded with rules. These rules are either codified into law or promulgated as professional guidelines. However they are handed down, they are essential to understand. Understanding the rules can make or break your case and your profession.

Procedural rules tell the legal community how to get things done. As a paralegal, procedural rules must be your wheelhouse. There are so many procedural decisions that must be made during a case lifespan. For example, even after the legal team has decided there may be a plausible cause of action, how to get that action heard can be a procedural quagmire. Can we bring an issue to court, if so, what court? Does the issue need to be heard by an administrative body first? Can it be heard by the state or federal court? Which one? How do we get something heard? When can we bring something to court? Paper, electronic, or both? Does the judge need a copy? Can the clerk issue a summons, or do we need to use Hague service? The party lives in a country that is not a member of Hague, would the issue be worth requesting letters rogatory? These are only a few examples of decisions that must be made when working on a new case.

Seasoned paralegals are often aware of the case opening and filing procedures in the courts that their legal team most frequently operates. They learn this by learning those specific jurisdictional rules and repeated practice in that same jurisdiction. For a new paralegal, it may be best to think about these rules from the narrowest scope to the largest scope.

For instance, let us suppose the legal team has decided to file a new patent infringement case in the Northern District of California. To understand what steps must be taken to file the complaint, move through discovery, pre-trial, and trial, the legal team must have a firm understanding of what is required by the court. In this instance, the United States District Court for the Northern District of California is ruled by the Federal Rules of Civil Procedure. However, these rules are affected by the local court rules, which are in turn affected by the individual judge’s standing orders. In order to maintain compliance with the court, all of these rules must be followed. It is the paralegal’s responsibility to ensure the legal team is informed of the rules, so the best decisions are made for the client.

Next week’s blog will give an overview of filing a complaint in court, how that process works, and what rules to follow. Please stay tuned.