-------------Original Message-----------------

From: A. Paralegal [mailto:needthisjob@chaseandhsu.com]

Sent: September 22, 2016 10:45 AM

To: Susan Chase [mailto:schase@chaseandhsu.com]

Subject: New Client Interview

STATEMENT OF FACT

Bella Henderson contacted our firm on November 30 in regards to a personal injury

lawsuit against Office-Mart, Inc. Henderson states two winters ago she had fallen on a

patch of black ice in front of a location in Buffalo, NY as she was entering the store.

Henderson claims a number of injuries, although no specific details related to the

injuries are known at this time.

QUESTION PRESENTED

Questions to ask Ms. Henderson during our interview next week are:

1. Name: (personal information of the client) (also to check for conflicts of interest)

2. Address: (personal information of the client) (also jurisdiction)

3. Phone Number: (personal information of the client)

4. Name and address of where incident occurred: (to know defendant and for

jurisdiction)

5. Describe in detail exactly what happened at the time you fell: (to know all of the

details surrounding the incident to gain clarity or maybe explanation or a reason

for the incident)

6. What date: (needed because weather reports may be needed for investigation

and also because the statute of limitations in New York State for slip and fall

personal injury is 3 years)

7. Day of the week: (to verify more details possibly of the incident)

8. Time of day: (If it was early, or during a busy time store employees may not have

known the spot was icy or had time to put down salt or shovel)

9. If dark out, was there lighting: (could the accident been prevented if it was night

and there was poor lighting)

10. Weather conditions: (to determine more detail around the incident)

11. Was there any indication there could have been ice? (if there had been ice in

other spots of ice in the area, would that be an indicator there would be ice where

she had fell?)

12. Has there been other reports of persons injured on the same property? (to gain

information of repeated offenses that had already happened at their store;

credibility)

13. Had the store known about the ice from others prior to you falling? (If anyone

else had reported there to be ice, and the store did nothing to ameliorate the

situation it could also be another factor in the claim)

14. Were there any witnesses that had seen you fall? If yes, names? (use for

evidence that it had happened, or even more details)

15. Did anybody, including any employees of the business assist you after you fell? If

yes, names? (If they assisted her, then they were aware of the incident and could

further verify if it actually happened)

16. Did you inform the store of the accident when it happened? (there should be a

log or record of this)

17. Did the store fill out an accident report? (If required, this could be another fault of

the company)

18. Do you have a copy? (proof of the incident, giving more evidence it did in fact

occur)

19. Did you go to the hospital because of the fall? If yes, when? (This would prove an

additional expense and also more seriousness of the injury, also verified proof in

the direction of medical proof)

20. Did you take an ambulance to the hospital? (medical proof, seriousness)

21. Do you have any hospital bills? (financial burden caused by fall)

22. Names of providers? (to gather medical records and costs incurred of services

related to injury)

23. If you did not go to hospital immediately after you fell, when did you notice that

you had sustained injuries? (to answer why was not immediately if questioned)

24. Why or how do you know it was from the fall? (to answer why was not

immediately if questioned)

25. When you realized you sustained injuries, what did you do? (to answer why was

not immediately if questioned)

26. Have you seen any other medical providers involved with injuries related to your

fall? (to calculate expenses, injuries)

27. Names of those providers? (to obtain medical records related to injuries, costs)

28. Do you have photos of the injuries? (to further prove or show extent of injuries)

29. How have these injuries impacted your life? (to gain a better idea of the type of

pain, suffering, losses, future losses arising from the injury to calculate damages

due)

30. How would you describe any limitations you now face in comparison to before

your injuries? (what she was able to do prior that she cannot do not that she has

the injuries)

31. Have your injuries affected your ability to work? (If she would be entitled to

damages should her injury be for extended amount of time)

32. Can you provide paystubs? (before and after injury for comparison) (to see if

there were any major differences in pay or ability to work)

SHORT ANSWER

I would need to know more details before coming to any definite conclusion, I feel the

determination is about 50/50 in regards to Ms. Henderson’s case.

ANALYSIS

While some plaintiffs have won cases in slip and fall injury suits, not all have. Some

cases I had read related to this topic have also stated that the evidence showed there

had not been enough time to clean an area if it had just happened within ten minutes for

example. This was the reasoning for a lot of the questions I chose related to weather

conditions, time of day, and if there was proper lighting. More information will greatly aid

in my investigation.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ERIE

_______________________________________________X

Bella Henderson, SUMMONS

Plaintiff, Index No.: ____________

v. Date Index No. Purchased:

Office-Mart, Inc., _____________________

Defendant.

_______________________________________________X

To the Person Named as Defendant Above:

PLEASE TAKE NOTICE THAT YOU ARE HEAREBY SUMMONED to appear in

this action by serving a notice of appearance on the Plaintiff at the address set forth

below within 20 days after the service of this summons (not counting the day of service

itself), or within 30 days after service is complete if the summons is not delivered

personally to you within the State of New York.

YOU ARE HEREBY NOTIFIED THAT should you fail to answer or appear, a

judgement will be entered against you by default for the relief demanded below.

Dated: _________________, 20_____

Signature

Print name

Address and Phone Number

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ERIE

Bella Henderson,

Plaintiff, COMPLAINT

v. Index No.:

Office-Mart, Inc.,

Defendant,

TO THE SUPREME COURT OF THE STATE OF NEW YORK

The complaint of this Plaintiff, Bella Henderson, respectfully shows and alleges as

follows:

1. The Plaintiff herein, Bella Henderson, is a resident of the State of New York. Ms.

Henderson resides at 150 Main Street, Buffalo, New York.

2. The Defendant herein, Office-Mart, Inc., is a business located at 150 Niagara Falls

Boulevard, Amherst, New York.

3. On January 15, 2014 Plaintiff fell on a patch of black ice prior to entering Office-Mart

at the said location above.

4. The patch of ice was known about by management, however failed to ensure salt had

been put down to prevent accidents.

5. An accident report was filed with Office-Mart, Inc., and signed by Plaintiff, Bella

Henderson on the said date of injury.

6. The Plaintiff has sustained a bi-malleolar fracture to her right ankle and due to the

severity of the injury has had to have surgery and extensive medical care.

7. The Plaintiff will need future surgery and on-going medical care.

8. The orthopedic surgeon of the Plaintiff is unsure if Ms. Henderson will ever restore

100% pre-accident state of her injury that occurred at Office-Mart, Inc.

9. The Plaintiff suffers significant pain and limited physical functions in her right ankle

since the date of injury.

10. The Plaintiff has lost work as a result of the injury.

11. The negligence, duty of care and failure to maintain the premises by the Defendant,

Office-Mart, Inc., did result in injury to Plaintiff Ms. Henderson.

WHEREFORE, Plaintiff demands judgement against Defendant in the sum to be

determined by the court plus interest from January 15, 2014, for compensation for all

medically related expenses related to the injury of the Plaintiff and all future medically

related expenses from the said injury, any and all lost wages, pain and suffering,

emotional distress, and punitive damages, all costs and disbursements, together with

any other relief the court finds to be just and proper.

Dated: September 29, 2016

Bella Henderson signature___________

Bella Henderson, Plaintiff

150 Main Street

Buffalo, NY 14020

(716)777-7777

VERIFICATION

Bella, Henderson, being duly sworn, disposes and says:

I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and

know the contents thereof. The same are true to my knowledge, except as to matters

therein stated to be alleged on information and belief and as to those matter, I believe

them to be true.

To the best of my knowledge, information and belief, formed after an inquiry reasonable

under the circumstances, the presentation of these papers or the contentions therein

are not frivolous as defined in Subsection (c) of Section 130-1.1 of the Rues of the Chief

Administrative Judge (22NYCRR).

Bella Henderson signature________

Bella Henderson, Plaintiff

Sworn to before me this 29th

Day of September, 2016

Notary Public Signature

Notary Public

-------------Original Message-----------------

From: A. Paralegal [mailto:needthisjob@chaseandhsu.com]

Sent: October 7, 2016 10:45 AM

To: Susan Chase [mailto:schase@chaseandhsu.com]

Subject: Henderson Predictive Memo

STATEMENT OF FACTS

On January 15, 2014, Bella Henderson slipped on a patch of black ice and fell on the

sidewalk in front of Office-Mart located at 150 Niagara Falls Boulevard, Amherst, NY

14226. The manager assisted Mrs. Henderson while reprimanding an employee named

James for not putting salt on the sidewalk two hours prior to Mrs. Henderson falling. An

accident report was filed by the store that Mrs. Henderson signed but did not receive a

copy.

Mrs. Henderson sustained injuries which require ongoing medical treatment, surgery,

and constant pain. Mrs. Henderson sustained a bi-malleolar fracture to her right ankle

which was severe enough to require surgery that consisted of having plates and screws

inserted into her right ankle.

Mrs. Henderson has incurred extensive medical bills as a result of this accident. She

has missed much time from work. Mrs. Henderson’s orthopedic surgeon is uncertain if

her ankle will ever return to 100% of its original state prior to the accident as she

continues to suffer from significant pain and limited range of motion in her right ankle.

She may also require further surgeries.

QUESTION(S) PRESENTED

Was Office-Mart negligent in providing a duty of care to Mrs. Henderson?

Did the negligence of Office-Mart cause Mrs. Henderson’s injuries?

If Mrs. Henderson filed suit against Office Mart, would Mrs. Henderson be successful in

her claim?

SHORT ANSWER(S)

Yes, Office-Mart does owe a duty of care to not just Mrs. Henderson, but any customer.

Yes, Office Mart’s negligence did cause Mrs. Henderson’s injuries.

Yes, Mrs. Henderson would be successful in her claim.

ANALYSIS

In Robinson v. Trade Link Am., 2007 NY Slip Op 3116, 39 A.D.3d 616, 833 N.Y.S.2d

243 (App. Div.), it is stated “A property owner will be held liable for a slip-and-fall

accident involving snow and ice on its property only when it created the dangerous

condition which caused the accident or had actual constructive notice thereof.” At the

time of the accident of Mrs. Henderson, the manager had reprimanded her associate for

“not getting the salt put on the sidewalk two hours ago.” Further, Lenti v. Initial Cleaning

Servs., Inc., 2008 NY Slip Op 5329, 52 A.D.3d 288, 860 N.Y.S.2d 42 (App. Div.) states

“The mere presence of ice does not establish negligence on the part of the entity

responsible for maintaining the property. Rather, plaintiff must present evidence from

which it may be inferred that the ice on which he slipped was present on the sidewalk

for a long enough period of time before the accident that the party responsible for the

sidewalk would have had time to discover and remedy the dangerous condition.” The

employee of Office-Mart failed to address their obligation to remedy the black ice with

salt for two hours.

Additionally, Office-Mart has a duty of care to reasonably maintain safe conditions in all

circumstances to prevent the likelihood of injury. Office-Mart did not post any warnings

of the icy condition, even though they were aware. Mrs. Henderson was a business

patron, and because of this she is considered an “invitee.” Businesses like Office-Mart

owe a duty of care to their “invitees” to warn them of any hidden danger if they are

unable to provide a reasonably safe condition, Office-Mart failed to do so. See Basso v.

Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868 (1976)

Finally, even if Office-Mart denies knowledge of the ice that caused Mrs. Henderson’s

injuries, there are two other incidents involving negligence for black ice at the same

store location to show knowledge of this issue.

CONCLUSION

To prove negligence in New York State, one must prove Duty, Breach of Duty, Cause in

Fact, Proximate Cause and Damages. Mrs. Henderson can show all of these, and

should have no trouble winning in her suit against Office-Mart for her personal injury

claim.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ERIE

_________________________________________________X

Bella Henderson,

Plaintiff, Index No.:

-v- NOTICE OF MOTION TO

Office-Mart, Inc., COMPEL

Defendant,

_________________________________________________X

To: Office Mart,

Pursuant to local rules, Plaintiff hereby moves the Court be compelled to respond to

Discovery based on the following facts:

1. Discovery was filed on June 1, 2016.

2. The Plaintiff’s Responses to Discovery were not received on July 10, 2016. To

date, no Response has been received from Defendant.

3. A good faith effort has been made to recover the Defendant’s Responses. On

July 10, 2015, counsel for the Plaintiff requested in writing to Defendant’s

counsel for a response, noting that if responses were not received 30 days after

service of Discovery, a Motion to Compel would be filed.

4. The Defendant has refused to provide responses and has not indicated that he

will provide such information.

Since the Defendant has refused to respond in a timely manner, the Plaintiff moves the

court to compel the Defendant to respond to the Discovery requests.

WHEREFORE, PLEASE TAKE NOTICE, PLAINTIFF will move this Court located at

New York Supreme Court, County of Erie, Honorable Patrick Scolaro presiding, Part 11,

on the 1st, day of October, 2016, at 10 o'clock a.m., or as soon thereafter as can be

heard for oral argument: and for such other and further relief as this Court deems just

and proper.

Dated this 24th day of

August, 2016.

Attorney Name

Address

Address

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ERIE

_________________________________________________X

Bella Henderson,

Plaintiff, Index No.:

-v- AFFIDAVIT IN SUPPORT

Office-Mart, Inc., OF MOTION

Defendant,

_________________________________________________X I, Susan Chase, Counsel for Plaintiff make the following affirmation under penalty of

perjury:

1. I am Counsel for Plaintiff in the above-entitled action and respectfully request the

Court issue an order compelling the Defendant to respond to all outstanding demands

for discovery within 30 days upon service of this order.

2. The reasons I am entitled the relief I seek are set forth below.

3. June 1, 2016 defense counsel was served with a demand for a bill of particulars in

N.Y. C.P.L.R. Law § 3042.

July 10, 2016 Defendant’s compliance or answer still was not received. N.Y. C.P.L.R.

Law § 3124 provides the right to file this motion to compel.

In compliance with the above statutes I have filed a notice of motion to compel, 22

N.Y.C.R.R. §202.7(a) and memorandum of law stating the reason the information is

sought.

4. I declare under penalty of perjury that the foregoing is true and correct, to the best of

my knowledge, information and belief.

Dated this 24th day of October 2016

Signature of Attorney

Name of Attorney

Address

Address

MEMORANDUM

To: Supreme Court for New York, Erie County

From: Susan Chase, Counsel for Plaintiff

Date: August 24, 2016

Subject: Henderson v. Office-Mart, Motion to Compel

QUESTIONS PRESENTED

Was Office-Mart negligent in providing a duty of care to Mrs. Henderson?

Did the negligence of Office-Mart cause Mrs. Henderson’s injuries?

SHORT ANSWERS

Yes, Office-Mart does owe a duty of care to not just Mrs. Henderson, but any customer.

Yes, Office-Mart’s negligence did cause Mrs. Henderson’s injuries.

STATEMENT OF FACTS

On January 15, 2014, Bella Henderson slipped on a patch of black ice and fell on the

sidewalk in front of Office-Mart located at 150 Niagara Falls Boulevard, Amherst, NY

14226. The manager assisted Mrs. Henderson while reprimanding an employee named

James for not putting salt on the sidewalk two hours prior to Mrs. Henderson falling. An

accident report was filed by the store that Mrs. Henderson signed but did not receive a

copy.

Mrs. Henderson sustained injuries which require ongoing medical treatment, surgery,

and constant pain. Mrs. Henderson sustained a bi-malleolar fracture to her right ankle

which was severe enough to require surgery that consisted of having plates and screws

inserted into her right ankle.

Mrs. Henderson has incurred extensive medical bills as a result of this accident. She

has missed much time from work. Mrs. Henderson’s orthopedic surgeon is uncertain if

her ankle will ever return to 100% of its original state prior to the accident as she

continues to suffer from significant pain and limited range of motion in her right ankle.

She may also require further surgeries.

DISCUSSION

In Robinson v. Trade Link Am., 2007 NY Slip Op 3116, 39 A.D.3d 616, 833 N.Y.S.2d

243 (App. Div.), it is stated “A property owner will be held liable for a slip-and-fall

accident involving snow and ice on its property only when it created the dangerous

condition which caused the accident or had actual constructive notice thereof.” At the

time of the accident of Mrs. Henderson, the manager had reprimanded her associate for

“not getting the salt put on the sidewalk two hours ago.” Further, Lenti v. Initial Cleaning

Servs., Inc., 2008 NY Slip Op 5329, 52 A.D.3d 288, 860 N.Y.S.2d 42 (App. Div.) states

“The mere presence of ice does not establish negligence on the part of the entity

responsible for maintaining the property. Rather, plaintiff must present evidence from

which it may be inferred that the ice on which he slipped was present on the sidewalk

for a long enough period of time before the accident that the party responsible for the

sidewalk would have had time to discover and remedy the dangerous condition.” The

employee of Office-Mart failed to address their obligation to remedy the black ice with

salt for two hours.

Additionally, Office-Mart has a duty of care to reasonably maintain safe conditions in all

circumstances to prevent the likelihood of injury. Office-Mart did not post any warnings

of the icy condition, even though they were aware. Mrs. Henderson was a business

patron, and because of this she is considered an “invitee.” Businesses like Office-Mart

owe a duty of care to their “invitees” to warn them of any hidden danger if they are

unable to provide a reasonably safe condition, Office-Mart failed to do so. See Basso v.

Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868 (1976)

Finally, even if Office-Mart denies knowledge of the ice that caused Mrs. Henderson’s

injuries, there are two other incidents involving negligence for black ice at the same

store location to show knowledge of this issue.

CONCLUSION

To prove negligence in New York State, one must prove Duty, Breach of Duty, Cause in

Fact, Proximate Cause and Damages. Mrs. Henderson can provide these provided

Office-Mart comply with our demands for discovery. Knowingly withholding this

information from discovery is preventing Mrs. Henderson from a fair trial caused by

Defendant’s lack of compliance. A motion to compel, an attorney’s affidavit in support of

motion and this legal memorandum has been filed as a result.

-------------Original Message-----------------

TO: Susan Chase [mailto:schase@chaseandhsu.com]

FROM: A. Paralegal [mailto:needthisjob@chaseandhsu.com]

DATE: April 16, 2016

SUBJECT: Henderson Trial Notebook Memo

I have been asked to prepare the Trial Notebook in regards to Mrs. Henderson’s suit

against Office-Mart for personal injury. Below are my findings.

QUESTIONS PRESENTED

What items are needed in our trial notebook to best defend Mrs. Henderson at her trial?

SHORT ANSWER

Pleadings, motions, and discovery responses

Exact details of everything that had happened at time of incident

Witness list

Chronologically ordered medical records

Legal research including copies of all cases in comparison to our case

Trial exhibits and a list of all trial exhibits of Plaintiff and Defendant

Juror profiles and instructions

Outline of trial

Attorney Notes

Blank papers for notes during trial

To do list

STATEMENT OF FACTS

Discovery is now complete in Mrs. Henderson’s suit against Office-Mart. Office-Mart

was denied summary judgement, which they are appealing. Despite the fact Office-Mart

is appealing, we are moving forward with trial. Jury selection is scheduled for June 4

and the trial begins on June 7 with Honorable Judge Scolaro presiding. I have been

asked to prepare this memo to identify and describe what needs to be in the trial

notebook to best present Mrs. Henderson’s case to the jury.

DISCUSSION

In the trial notebook we need all communications that have been filed with the court and

motions and answers from either of the parties. To be more specific we need to have in

chronological order the summons and verifications of service, the complaint, discovery

demands, motion to compel, and any other legal communication. This information will

be first in the notebook.

Next we need an exact detailed list of everything had had happened at the time of the

incident, and anything else related to the accident thereafter. Details that could be listed

after the facts of the incident could be times Mrs. Henderson had surgeries, attended

medical appointments, or any other complications related to the injury.

Part of listing details of what happened, may also include witnesses. A list of witnesses

should be included in the event we need to question a particular witness during trial. If

there had been depositions from those witnesses, those also should be attached.

Complete chronological medical history of Mrs. Henderson to show injuries she

sustained, and all medical bills related to Office-Mart’s negligence. These may also be

needed by the Judge, so it is best to make copies should we decide to give to the court

for proof of actual monetary damages. These are also used as evidence.

Legal research conducted on behalf of our client, including additional copies of these

laws for the other parties involved and the judge. The three case laws we need to

include are Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S2d 564 (1976), Robinson v. Trade

Link Am., 39 A.D3d 616, 833 N.Y.S2d 243 (2d Dep’t. 2007), and Lenti v. Initial Cleaning

Servs., Inc., 52 A.D.3d 288, 860 N.Y.S.2d 42 (1st Dep’t. 2008).

Trial exhibits of our client and the defendant should be next in our notebook and they

should be clearly marked as exhibits. I would also make copies of these as well. It is

always best to have the original in case the court requires it, but copies in case anyone

needs a copy.

Juror profiles and instructions are next in our notebook, and that is required to know

what will be admitted as evidence or not, or to make sure all burden of proof is shown in

court. The best trial is a trial that is properly and adequately researched and proven as

much as possible with everything needed to arrive with a favorable outcome for our

client.

An outline of the trial is needed because it is similar to a schedule. The trial calls

different witnesses and asks for different things at different times throughout the course

of a trial and it’s always better to be prepared than being disorganized.

Next in our notebook we need all of the lawyers notes and any intra-office

communication as extra reference points.

Lastly in our trial notebook, we have blank paper and a to-do list. At trial we may think of

a question we wish to have more clarification on, we use the paper to write it down as a

reminder. A to-do list that is handy can also serve as a reminder for important things we

need to do. An example would be noting an adjournment because the opposing counsel

is sick, but one more document from the surgeon may be needed for example, the

lawyer would write that down, and also to send notification to parties notifying them of

the adjournment.

CONCLUSION

In layman’s terms, the trial is the big finale. The better the organization, accuracy and

completion of all the required forms of proof in regards to a client, we can have the best

favorable outcome for our client. A complete trial notebook is vital to our client and our

firm as well.

Chase & Hsu, P.C.

100 Main Street

Buffalo, NY 14020

October 23, 2016

Mrs. Bella Henderson

150 Main Street

Buffalo, NY 14020

Dear Mrs. Henderson:

It was a pleasure to meet with you yesterday and I am looking forward to working with you. I wanted to write a letter to you to explain the process of filing a civil lawsuit. I find this important to my clients because there are many steps involved with filing a lawsuit and how a lawsuit proceeds through the legal system and I like to be sure my clients are well informed. If you have any questions, please do not hesitate to call me at (000) 000-0000.

Initiation of Litigation

As you are aware, we conducted your client interview yesterday to gain knowledge and facts regarding your personal injury claim. The information you provided is used to draft a complaint. A complaint is a formal allegation in which is filed with the court requesting the court to make a determination in what type of relief is available to you for your injuries. (usgov, n.d.)

Available Relief

There are different categories of relief the court could award in your case and I will explain more in detail about each of the different types.

Special compensatory damages are to reimburse for monetary damages such as medical bills, future medical bills, loss of income, loss of future income and even household expenses. Monetary in legal terms means actual cost expenses.

General compensatory damages are to reimburse for non-monetary damages which would include pain and suffering or mental anguish. These are non-monetary because

these damages do not have a dollar amount on them, but are still damages in which were suffered and are due to you for your injuries.

Finally, are punitive damages. Punitive damages are paid as a punishment to teach the wrongdoer a lesson. It is meant to prevent them from making the same mistake again. (Goguen, n.d.)

Progression of Case Through Litigation

After the complaint has been filed with the court, the defendant is required to answer the complaint within 20 days after receiving the complaint with their answer. Answering a complaint means the defendant either admits or denies each separate allegation in the complaint.

In most cases the defendant denies the allegations and the responsibility is ours to prove our side is true. This then leads us to the fact-finding and discovery process. (findlaw, n.d.)

Discovery Process

During the discovery process we file motions for discovery. Discovery demands ensure the necessary documents are submitted to the court to better prove your case for a more successful outcome. An example of an item we would demand discovery for would be the accident report filed by Office-Mart on the day of your injury. It is a document in which you were never given a copy of, but is very important to prove the injury did happen, the details, and even the names of the employees should they have to testify at trial.

Motions that may be Filed

Sometimes during the discovery process, the defendant refuses to submit discovery items, or they may argue other issues to try to escape from being sued. Should this issue arise in our case, there are different motions we can file on your behalf to ensure your case is fair and based on all information available. An example would be if Office-Mart was asked to provide the accident report from the date of your injury and did not respond. Our firm can file a motion to compel. What this means is if the defendant does not produce the evidence we are requesting, the judge can make a decision on your behalf simply because the defendant refuses to comply with an order.

In many cases, when all required information is received and is reviewed, and the lawyers have had time to compare facts and proof, a decision can be made between the parties before going to a trial. Lawyers research laws very closely and use all evidence to arrive at a fair conclusion. Many people know and understand court trials are very expensive, and prefer to solve issues and save money as well if possible before a trial. (findlaw)

Alternative Dispute Resolution

Alternative dispute resolution is another option sometimes used to avoid going to trial. If all of the evidence is presented and both of the parties lawyers believe there could be a resolution, this is a great option. During this process both parties usually talk to a mediator. A mediator goes back and forth between the parties and tries to come to an agreeable compromise between the parties. If an agreement is favorable, this agreement can be presented to the judge and is finalized with the court. Should this option not work, then the case goes to a trial.

Trial

Should your lawsuit go to a trial, here is some information about what happens. Witnesses are ordered to testify, evidence is presented, both lawyers present their sides with facts and applicable law. Trial can be in front of a jury or only before a judge. Both attorneys present their cases and the decision is decided upon by the judge or jury.

If the trial is before a jury and you feel the jury is wrong in their decision, a motion can be made to set aside the verdict. What this means is you will not accept the jury’s decision and you are asking for the judge to review all of the testimonies, evidence, and anything else that was presented at the trial for his decision. In the event the outcome still is not favorable to you, and feel the judge has made a mistake, the judge’s decision can be appealed.

Appeal

In the event a verdict or decision is rendered in which is not favorable and you feel the judge has made a mistake, an appeal can be filed. The appeal needs to be filed within 30 days from the date the order was made by the judge at the trial. An appeal is not a new trial however. An appeal is where a higher court, in this case, The Court of Appeals reviews everything from The New York Supreme Court and make their finding based on all of the evidence previously presented. The Court of Appeals merely just reviews all of the information to ensure the decision is in accordance with all of the laws and is fair and just.

I hope I have explained the civil litigation process and what to expect during the duration of your lawsuit to give you a better understanding. If you should have any questions or concerns, please feel free to contact me at (000) 000-0000 and I will be more than happy to answer any questions you may have.

Sincerely,

Attorney Signature

Susan Chase, attorney

References

Civil Case Flowchart. (n.d.). Retrieved from http://www.ksd.uscourts.gov/civil-case-flow-

chart-2/

Stages of a Civil Case. (n.d.). Retrieved from http://litigation.findlaw.com/filing-a-

lawsuit/stages-of-a-civil-case.html

Goguen, David. (n.d.). Types of Compensation in a Personal Injury Case. Retrieved

from http://www.alllaw.com/articles/nolo/personal-injury/types-of-

compensation.html#

Reflection

During the completion of this Civil Litigation class we have learned about personal injury

claims and different steps in the litigation process from start to finish. Some of the things

we learned more in depth about was how to draft a motion to compel, furthered our

legal research skills, practiced more with writing various legal memorandums and

learned about what is needed in a trial folder and what happens at a trial. We also

briefly learned about how to appeal a decision. This information is very valuable to know

in my future career as a paralegal because I will need to know how to do all of these

different areas.

I can apply what I learned in this class to be more successful in the workplace because

it is always better to have more knowledge about the type of work you will be doing

when you start working because it allows you to be far more productive because you

are familiar with the process and how to do certain tasks.

My thought process in regards to how I complete my portfolio projects is to understand

sometimes even if you research all day, don’t restrict yourself to only thinking within a

certain parameter. Sometimes you also need to look around, “outside of the box” so to

speak. Don’t block yourself in when learning, and don’t limit yourself. Learning more

never hurt anyone, it only helps. I recommend learning as much as you can, and even

learn more when it isn’t required because it will only help you more in the long run.

If I were to complete similar projects in the future the only difference, I might do

differently is to possibly work ahead on my project. I was sick for a couple of weeks

during this session and had to rush through a lot of my work. Although my grades were

still good, I was very dissatisfied because I know it was not my best work. If I were to

work ahead on the project next time, I could feel more confident in the quality of my

work and should an issue arise where I was sick, I would be able to better handle the

stress better because a lot of the work would have already been completed ahead of

time.

The advice I would give to a new student just starting this project is to always do more

research than is required because when you learn more than is expected, you gain a

better and more in-depth understanding of the task at hand. This allows you to feel as

though the work is easier, when in fact it isn’t. It is just you have a far better

understanding of your topic.

We have fulfilled all of the course outcomes. Every class we take we learn more which

builds more extensively onto what we already have learned. We learn how to draft

different legal documents, further our practice with various legal memorandums using

the correct legal terminology. We regularly use Lexis and other resources to locate law,

and analyze the law. We learn more about ethics, responsibilities and our limitations as

paralegals each class we take. All of the skills we have learned in this course further

build and expand on our paralegal skills in which we will use in the legal field after we

graduate.