PA203 Unit 8
INVESTIGATIONS
Questions so far?
 Get
any late assignments in by
Tuesday night for credit. Late
assignments cannot be accepted
after Tuesday night without an
incomplete. I sent out the
incomplete guidelines last week.
Investigations-case analysis

Jim and Joan Klosty
bought a home in
March of 1998. The
previous owners
claimed that there
was no current
damage and no
problems with the
home at the time of
the sale.
Case analysis
 The real estate agent, Joyce Allswell, supported
the previous owners, stating that she knew a lot
about houses and that this one was fine. Joyce
also told the Klostys that they did not need to
have the house inspected and that it was not
standard practice to do so in this state.
Case analysis
 The
Klostys, who were new to the
state, believed the real estate agent
and went ahead with the home
purchase. After moving in, the Klostys
found several problems, including
rotted siding on the outside, rotted
window frames, broken pipes that had
been taped together, and holes in the
walls that were covered with
wallpaper.
Where do we start?
 The
Klostys come to your firm for
advice.
 Where do you begin researching and
investigating their case?
Log in to Westlaw or Lexis
 Research
your state’s real estate laws.
 Is there a state Real Estate Board?
 What are their duties?
 How do you figure out what the client
should do?
 What is the case law in this area in your
state?
 Everyone post at least one statute and
one case
Other places to investigate

Articles of Incorporation -- documents that an
organization must file with the state to become a
corporation.
 Corporation -- legal entity formed by a group of
individuals who operate a business accountable
to shareholders who generally are not liable for
the wrongdoing of the corporation
Other places to investigate

Partnership -- a legal relationship involving two
or more individuals participating in a business
venture sharing profits and risks
 Skiptracing -- Specialized skills that investigate
and use technology unique to finding missing
persons and assets.
 Title Search -- review of property records in
order to determine whether the owner has clear
title to the property
Unit 8 Final Project

This project entails answering a number of
questions based upon your readings for this
course. Please double space your answers and
use complete sentences in well-organized
paragraphs. Never provide a one-word response
such as "yes" or "no," or short responses such
as, "I agree," or "I disagree," without justifying
your opinion. All legal elements and concepts
associated with your analysis and
conclusions must be fully justified, defined,
and explained.
Unit 8 Final Project
 This
final project should be no shorter
than three pages, excluding the
bibliography, with proper format and
citation methods utilized. Note: you are
allowed to use your creativity for this final
project. You should attempt to include the
concepts learned throughout the course
(e.g., investigation plan,
organizational/theory chart, etc.).
Unit 8 Final Project
 Describe
the differences between a
witness and a client. Then describe
differences between interviewing a clientwitness and interviewing a nonclientwitness.
Unit 8 Final Project

Describe the duties of a paralegal in the following
situation: A potential new client makes an appointment to
see your supervising attorney. Because you did a conflict
check prior to the new client's arrival, you have learned
that she is actually the defendant in your current suit.
The attorney asks you to conduct an interview of this
potential new client, get as much information as
possible, and then bring the attorney the notes.
Thereafter, the attorney wants you to go back in and tell
the potential client that your firm cannot represent her
because you have already been retained by the other
side in the case.
Unit 8 Final Project
 What
are your ethical responsibilities in
this situation? List at least four. What are
your options? Be sure to identify the
specific ethical rules that the attorney’s
request would violate and apply the rules
to this fact pattern. Include a citation to
the rule and the text of the rule as well as
any applicable subsections in quotations.
Unit 8 Final Project

You are asked by the attorney to canvass the
neighborhood in a dog bite case. The dog has
bitten your five-year-old client who was playing
in his front yard. The boy said that the dog was
large, brown, and had a tag. What kinds of
witnesses would you try to find and what would
you ask them? Would you tell potential
witnesses what you are investigating and why?
What types of things do you want to find out
from witnesses in the neighborhood?
Next week: Unit 9

Final seminar of the term
 Public and private records
 Have a great week!
 Reminder: Incomplete Requests due by Oct. 3