Answer to Question 1
As the litigation progresses, the file is carefully maintained to make sure that such items as correspondence, bills, research and investigation results, and all documents and exhibits relating to the litigation are in the file and arranged in an organized manner. Each law firm or legal department has its own organizational scheme to follow when creating and maintaining client files. Usually, it is the paralegal's responsibility to make sure that the litigation file is properly created and maintained. As a case progresses through the litigation process, subfiles may be created for documents relating to the various stages. For example, early in the case, the litigation file contains notes taken during the initial client interview, the signed retainer agreement, and information and documents gathered during the preliminary investigation of the claim. As the lawsuit progresses, subfiles will be created for documents relating to the pleadings and discovery stages. Depending on the office filing system, the file folders for these subfiles may be color-coded or numbered so that each subfile can be readily recognized and retrieved. Many firms also scan documents and create electronic copies of the files. An index is prepared for each subfile to indicate what documents are included in it. The index will be placed at the front of the folder for easy reference.
A properly created and maintained litigation file provides a comprehensive record of the case so that others in the firm who become involved with it can quickly acquaint themselves with the progress of the proceedings. Because well-organized files are critical to the success of any case, paralegals should take special care to properly maintain the file.
Answer to Question 2
The attorney normally conducts the initial client interview to determine what the client's legal problems are and to decide if the attorney will represent the client. The reasons that the attorney conducts the interview are:
The attorney will want to explain the value of his services and those of his firm.
The attorney will most likely advise the client of her legal rights (entailing the practice of law) during the interview.
The signing of the retainer agreement is considered to be the practice of law, in which a nonlawyer assistant may not engage.
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