Paralegals assist attorneys by submitting a legal claim in court.
A paralegal, or legal assistant, is an individual who has been specially educated and trained to assist attorneys in performing substantive legal work. Under a lawyer's guidance, a litigation paralegal often drafts and files claims, in the form of legal complaints, in magistrate, state and superior courts across the country. There are several important factors to manage and consider when filing a case.
Statute of Limitations
The first step in submitting a proper legal claim is for the paralegal to determine when the statute of limitations, or SOL, expires. This date is crucial, because if a case is not filed before it tolls, the claimant will be barred forever from pursuing a legal action. Missing a statute of limitations deadline is considered legal malpractice. SOLs are different depending on the nature of the claim and the venue in which it is being filed.
Complaint for Damages and Summons
A Complaint for Damages is the document a paralegal uses to file a claim in court. This complaint is the start of a lawsuit. A legal assistant must gather the necessary facts and information in order to draft the complaint. In general, a complaint must include the proper identities of all involved parties, the date when the tort (or damage) occurred and details of the claim. Additionally, a paralegal must ensure that the complaint is drafted in the proper venue and that a legally valid summons is attached so that the paperwork can be properly served on the person or company who is being sued.
Other Legal Documents
When a claim is filed with the court in the form of a complaint and summons, a paralegal can make the decision to file discovery requests with the suit. These are legal documents to which the person who is being sued must respond within a certain period of time. Discovery that may be drafted and filed includes requests for admissions, interrogatories and requests for the production of documents.
Filing Fees and Specific Forms
Another important aspect of submitting a claim in court is to determine what specific fees and documents the individual jurisdiction requires to be submitted with the complaint. Most courts charge a filing fee and an additional fee for service by the sheriff's department. Courts may also have case and county specific forms that must be completed with certain information. A paralegal needs to make sure all these items are included in the filing.
At the Courthouse
To file the claim and begin the lawsuit with the court, the paralegal must take the original and one copy of all of the paperwork to the courthouse and pay the clerk of the court to open the case. The clerk will stamp the paperwork with the date of filing, keep the copies for its case file and return the originals stamped "filed" to the paralegal. The paralegal then takes the documents and places them into the internal file that will be updated with other correspondence, memos and pleadings as the case continues through the litigation system.
Tags: claim court, assist attorneys, being sued, Complaint Damages, court paralegal, file claim, legal assistant