Wednesday, May 25, 2016

Blog 24: Last Presentation Reflection

I'm Done!!! I'm finally done!!

(1) Positive Statement

What are you most proud of in your block presentation and/or your senior project? Why?






I am most proud that my block presentation was really engaging for the most part and interesting to most of the people that came to visit my presentation. I understand law can be a very dull topic, but I wanted to make it easy to understand and very very intriguing and I feel that I did just that. 


(2) Questions to Consider

a.     What assessment would you give yourself on your block presentation?  Use the component contract to defend that assessment.

AE       P          AP       CR       NC


I would give myself an AE maybe a high P because not only did I meet the time required but I also was able to engage my audience effectively and provide sources and quality information to all my answers. I also told a lot of stories I had with my mentor. I introduced my mentor. My EQ was displayed aesthetically to the audience. I knew my information and I know I demonstrated how knowledgeable I am. 

b.     What assessment would you give yourself on your overall senior project? 
Use the component contract to defend that assessment.

AE       P          AP       CR       NC


On my overall senior project I would give myself an AE maybe a high P because I met all the requirements that were necessary. I turned everything on time. I also tried to go above and beyond on all my components, interviews, and lessons. 

(3) What worked for you in your senior project?

I feel like what worked for me in my senior project was that I did enjoy my topic and I did learn a lot of information that I can now apply and understand prior to going to law school.

(4) (What didn't work) If you had a time machine, what would you have done differently to improve your senior project?

I would like to mention that my last answer was the most difficult to decide upon and definitely the most difficult one to find information on. 


(5) Finding Value


How has the senior project been helpful to you in your future endeavors?   Be specific and use examples.


The senior project has given me an insight of law and has allowed me an experience of what it will be like. I love that I could have had this opportunity prior to entering law school that way I am one step ahead of my competition/ peers. Thanks to the research checks i understand a lot more. Thanks to the mentorship, I have now have job experience and an insight on what is in store for me in the future. The entire senior project essentially allowed me to manage my time more effectively and really learn how to priorize effectively. 

Tuesday, May 3, 2016

Exit Interview


Content:
(1) What is your essential question, and what are your answers?  What is your best answer and why?

How can a civil attorney maximize the chances of an immediate settlement?
Answer #1: Communication
Answer #2: Pre-trial Motions
Answer #3: ADR
Best Answer: ADR and Communication 

This is my best answer because ADR has been proven to be effective since its early beginnings and today has become what many people turn to when in need of resolving a case quickly without having to deal with a lengthy trial. Not to mention it saves a LOT of money! I feel communication would also be included as a good addition to ADR because good communication can make ADR, especially mediation, more effective as communication and compromise are key in this type of ADR. 
(2) What process did you take to arrive at this answer?

Well there was no specific process, the only thing I really did was weigh the pros and cons of each and both communication and ADR seemed to be the best. Pre-trial motions wouldn't be the best because it can be risky at times and at others, attorneys just write up motions to charge the client more for each new motion written up, even when they aren't approved. 

(3) What problems did you face?  How did you resolve them?

I did have a problem with choosing pre-trial motions because I had no idea that they could be used to avoid trials. It took quite a bit of research and talking with my mentor to finally figure it out.

(4) What are the two most significant sources you used to answer your essential question and why?


Source 65

Source 66

Source 35

Source 34

All these sources helped me answer my essential question because it provided me with a sufficient amount of information to weigh the pros and cons of my answers in order to decide on which ones were the best. 



Thursday, April 21, 2016

Independent Component 2



This song should be definitely playing because is our last senior project component before our FINAL LESSON!!!

LITERAL(a) Include this statement: “I, Karla Milicich, affirm that I completed my independent component which represents 38 hours of work.”(b) Cite your source regarding who or what article or book helped you complete the independent component.
  • Source 65
  • Source 64
  • Source 63
  • Source 59
  • Source 44
  • Source 35
  • Source 34
  • Source 33
  • Source 31
(c) Update your Independent Component 2 Log (which should be under your Senior Project Hours link)

Done

(d) Explain what you completed.    


I completed a booklet concerning alternatives to trial and other extra tidbits that may be helpful. (Click Here for Booklet) I completed a pamphlet on alternative dispute resolution (ADR) as it is one of my answers to my EQ. (Click Here for Pamphlet) I also made a review of my children's book and a quick summary of it. (Click Here for Children's Book) I also completed a review of a graphic novel. I didn't create a graphic novel but I did create a concept and plot for it. (Click Here for Graphic Novel Review)

(e) Defend your work and explain the component's significance and how it demonstrates 30 hours of work.   Provide evidence (photos, transcript, art work, videos, etc) of the 30 hours of work.   


I have links to all of my work above. I also have a log of my hours and what I did throughout my log. Hopefully you enjoy it! I put a lot of work and time into it. 

(f)How did the component help you answer your EQ? Please include specific examples to illustrate how it helped. 


The component helped me answer my eq because I realized that through most of my research, ADR was the most prominently used alternative. However, good communication is encouraged and motions aren't as encouraged. It was a little shocking to me but the component was rather fun and I enjoyed some of it. I'm not going to lie. It was a lot of work, but I tried my best and that's what counts right?




Thursday, April 14, 2016

Interview 4 Reflection


Well, this was my last interview of this project and it has finally come and gone!

Here is my Interview 4 audio.

Here is my Interview 4 transcript.

1. What is the most important thing I learned from the interview?  


The most important thing I learned from this interview was the fact that attorneys used motions as a form to rack up fees and incorrectly represent their client at an economic level. It was also surprising that it is seen as a form of protection for the client. 

2.  How will what I learned affect my final lesson?

From what I have learned from this interview, I feel I will include the part about the attorneys and motions. This does slightly affect how I will talk about motions. I thought they were a good answer to ending trials, but not at the expense that the client will be run dry of their money because of it. 








Wednesday, March 9, 2016

Blog 20 - Fourth Interview Questions





Well, it's the last interview and I think I'm getting better at this "interviewing" thing.


1.  Who do you plan to interview?  What is this person's area of expertise?

I plan to interview my mentor again as I feel he is the best fit to help me find more information on my final three answers to my essential question. As previously mentioned in my Blog 2, "He is great at what he does. He completed his undergraduate studies at Azusa Pacific University and received a Juris Doctor at the College of Law at the University of La Verne. He specializes in conservatorships, guardianships, and civil and business litigation. He is frequently appointed by the court to advise and serve as a PVP in cases concerning conservatorships and guardianships.  He also has conducted several seminars on Special Needs Trusts for the mentally disabled and has drafted many (and I mean many) such Trusts. Aside from this, he has been an instructor of Business Law at Citrus College."

2.  Post 20 open-ended questions you want to ask an expert in the field concerning your senior project. Your focus should be finding answers to your EQ.

  1. What information should a client know and understand before going to trial?  
  2. How do you explain to your client about the alternatives to trial?
  3. How many times, on average, is your client's case settled prior to going to trial?
  4. How would one go about informing the public of alternatives to going to trials, such as mediation and arbitration? 
  5. Would you say that alternative dispute resolutions are an effective form of avoiding trial? Why or why not?
  6. How do you prepare for mediation?
  7. How do you prepare for arbitration?
  8. Do you feel that arbitration is more effective than mediation or vice versa and why?
  9. Do you normally write up pre-trial motions for the trials you deal with?
  10. How do you normally describe pre-trial motions, or motions in general, to your clients?
  11. How do you go about preparing for submitting a pre-trial motion?
  12. Would you say that pre-trial motions are effective most of the time in avoiding a trial? Why or why not?
  13. Would you consider pre-trial motions as a good way to settling a case quicker and why or why not?
  14. Would you say that a good relationship with a client and their attorney is key when going through a civil procedure? Why or why not? 
  15. How would you describe the "perfect" or at least "ideal" relationship between an attorney and their client?
  16. Would you agree that a good relationship with the opposing counsel will help for an easier settlement? Why or why not?
  17. How many times, on average, would you say you get along with your opposing counsel?
  18. How would you describe the ideal relationship between opposing counsels?
  19. Are good relationships within the law community an advantage when proceeding to trial? Why or why not?
  20. Based on the questions that I have given, what do you believe is the most effective way of avoiding a trial?



Wednesday, March 2, 2016

Blog 19 - Third Answer


Well, at least I know what I'm doing, unlike this dog.

EQ 

How can a civil attorney maximize the chances of an immediate settlement?

Answer #3 (Write in a complete sentence like a thesis statement)*

A civil attorney can maximize the chances of an immediate settlement through the use of pre-trial motions. 

3 details to support the answer

The main purpose for pre-trial motions is to set boundaries for the trial that is about to being. In some cases, it can terminate a lawsuit before a trial. A motion is a written request an attorney files to the court asking for a ruling on a particular matter. If the ruling on a certain motion terminates the litigation, it is known as a dispositive motion. Pre-trial motions are also meant to solve any issues or questions parties may have concerning a case, therefore, shortening a trial or avoiing a trial altogether. 

The research source(s) to support your details and answer

  • Akhbari, Kourosh. "Civil Pretrial Motion Lawyers." LegalMatch.com, Legal Match. N.d. Web.. 2 Mar 2016. <http://www.legalmatch.com/law-library/article/civil-pretrial-motion-lawyers.html>
  • "Resolving Your Case Before Trial: Court Motions." findlaw.com, Thomson Reuters. N.d. Web. 4 Feb 2016. <http://injury.findlaw.com/accident-injury-law/resolving-your-case-before-trial-court-motions.html>

Concluding Sentence
Pre-trial motions help attorneys set boundaries for a trial that is about to begin and may shorten it in the manner that it will limit certain matters of the trial. Some motions may solve particular issues beforehand. This will demonstrate that pre-trial motions are an effective way to limit trial time and ultimately avoid or terminate it. 



Saturday, February 20, 2016

Blog 18 - Answer 2

I'm not necessarily referring to mediation resolving divorce alone, but it is the right way to go for any case that wants to avoid trial!

1.  What is your EQ?

How can a civil attorney maximize the chances of an immediate settlement?

2.  What is your first answer? (In complete thesis statement format)

A civil attorney can maximize the chances of an immediate settlement through the means of communication amongst clients and their attorneys and between opposing counsels.

3.  What is your second answer? (In complete thesis statement format)

A civil attorney can maximize the chances of an immediate settlement through the means of Alternative Dispute Resolutions, such as mediation and arbitration. 

4.  List three reasons your answer is true with a real-world application for each.

Three reasons for why this answer is true because Alternative Dispute Resolutions (ADR) have been proven to be effective in avoiding trials because it allows opposing counsels to come together and communicate with one another and find a compromise. It also is cost-effective. Most trials are lengthy and during that time, attorneys are still being paid. It is also more flexible. ADR sessions can be arranged according to the parties' schedules and they are a lot more casual. A third party is present to focus the discussions towards the dispute and to find common ground for both parties. 

5.  What printed source best supports your answer?



  • Repa, Barbara Kate. "Arbitration Basics." NOLO.com, NOLO. N.d. Web. 1 Sep 2015. <http://www.nolo.com/legal-encyclopedia/arbitration-pros-cons-29807.html>
  • "What is mediation?" FreeAdvice. Advice Company, N.d. Web. 27 Aug 2015. <http://law.freeadvice.com/litigation/litigation/mediation.htm>



6.  What other source supports your answer?



  • "6. Alternative Dispute Resolution" How to-Guides. lawhelpontario.org, Law Help Ontario PBLO, N.d. Web. 4 Feb 2016. <https://www.lawhelpontario.org/lawsuits-disputes/superior-court/how-to-guides-superior/alternatives-trial/>
  • Miles, Sharrolyn. "Winning at Mediation: The Strategies for Effective Dispute Resolution." americanbar.,org, American Bar Association, N.d. Web. 10 Feb 2016. <http://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/winning_at_mediation_the_strategies_for_effective_dispute_resolution.html>


7.  Tie this together with a  concluding thought.

Alternative Dispute Resolutions is the most effective way to an immediate settlement prior to a trial
because it allows for a proven longer-lasting and better compromise amongst parties. 

Wednesday, February 17, 2016

Blog 17 - Interview 3 Reflection


Interview 3 Audio:

https://soundcloud.com/karla-milicich/interview-3

Interview 3 Transcript:

https://docs.google.com/document/d/1bJFKVyjKHcuh3CCdFC91NGGHqFlJwNAFy0oqaYTyrCQ/edit?usp=sharing

1. What is the most important thing I learned from the interview?  

The mot important thing I learned from my interview was that the alternative dispute resolutions seem to be the best forms of avoiding a trial or reaching an immediate settlement. 

2.  How has your approach to interviewing changed over the course of your senior project?

My approach to interviewing has changed over the course of my senior project in the sense that I feel more comfortable talking with those I interview. I also know now what questions to ask and how to get the best answer possible. By this I mean that I try to word the question as best I can to get the best answer. 

Wednesday, February 10, 2016

Blog 16: Independent Component 2 Approval


I hope that this component goes above and beyond. 

1.  Describe in detail what you plan to do for your 30 hours.

I would like to delve into researching and creating pamphlets, an informational booklet (probably about 5,000 words or more), and a child's book giving information on the alternatives to trials, which is one of my answers. 

2.  Discuss how or what you will do to meet the expectation of showing 30 hours of evidence.

I will keep a word count and update a log of how much time I spend on the informational booklet. This will also be done for the child's book and the pamphlets.

3.  Explain how this component will help you explore your topic in more depth.

This component will help me raise awareness of the alternatives to trial that are more cost effective. It will also give me a better understanding of these alternatives because as it is commonly known, teaching is the best way to know I understand my information thoroughly. This also deals with communication, which is my Answer 1. I am making it more understandable and easier to explain a concept that is very hard to explain and something that is taught to attorneys in law school to the general public. 

4.  Post a log in your Senior Project Hours link and label it "Independent Component 2" log.

Done

Thursday, February 4, 2016

Independent Component #1

Here are pictures of the depositions that I took for the mock trial. There are eight depositions for each witness, excluding the police officer that filed the case.

Depositions are meetings held in which a witness gives their testimony for a case. What they say is typed word for word by a court reporter, who must be present at all times. The court reporter must record everything that happens, even when they talk. The witness is advised to speak slow, speak clearly, and respond with a yes, no, or maybe because "uh huh" is not a defined word for an answer. 

Wednesday, February 3, 2016

Independent Component 1



  • LITERAL
    (a) Write: “I, Karla Milicich, affirm that I completed my independent component which represents 43.75  hours of work.”
    (b) Cite your source regarding who or what article or book helped you complete the independent component.
    • Potter, Andrew. Intensive Law & Trial: 2014 Student Journal. Washington D.C.: Envision, 2014. Print.
           (c) Update your hours in your Senior Project Hours link. Make sure it is clearly labeled with hours for 
           individual  sessions as well as total hours.
           (d) Explain what you completed.    
    • I completed preparations for a trial that was settled before its trial date, executed and prepared for a mock trial, created a case file and wrote a blog about it, created a video concerning the trial procedure (aka Civil litigation), and I even completed an entire deposition book on the mock trial which I have yet to post a blog about. 
  • INTERPRETIVE 
    Defend your work and explain its significance to your project and how it demonstrates 30 hours of work.   Provide evidence (photos, transcript, artwork, videos, etc) of the 30 hours of work.  
    • My work is significant to my project because it presents a basis/background for information on what my topic is. The trial preparations gave me an insight on how trials work and what needs to be done prior to going to trial. The settlement allowed me to understand that trials aren't always the end results for cases. The mock trial and deposition of the mock trial allowed me to apply what I had learned from my own experience during trial preparations. The video allowed me to share with the public what I know from my experience and from my research. The case file was a part of my mock trial preparations. 
  • APPLIED
    How did the component help you understand the foundation of your topic better?  Please include specific examples to illustrate this. 
    • Well I pretty much answered this in the previous answer but as aforementioned, this component allowed me to understand the basics of a trial, its procedure, and its preparations. This component allowed me to learn about trials, apply what I learned to a mock trial, and then to teach it to others. 

Tuesday, February 2, 2016

Lesson 2 Reflection


1.What are you most proud of in your Lesson 2 Presentation and why?

I am most proud of how I presented my topic through the examples that I had experienced through my mentorship. These examples went well with what I discussing during my presentation and I felt that it would be somewhat relatable as I tried my best to use casual language as I presenting in front of my peers.

2. a.     What assessment would you give yourself on your Lesson 2 Presentation (self-assessment)?

P/AE  

     b.     Explain why you deserve that grade using evidence from the Lesson 2 component contract.

I deserve that grade because I did everything that was asked of me and I also gave more information during the presentation, surpassing the given 10 minutes but I didn't exceed the time limit. I also included printed articles as my sources. I feel that my activity tied in well with my answer 1 and my peers really enjoyed it.

3. What worked for you in your Lesson 2?

I feel that what worked for me in my presentation was the informative part of my presentation. I had good timing and I also tried to provide the most information during the time I was given to best inform the class.

4. What didn't work? If you had a time machine, what would you have done differently to improve your Lesson 2?

I feel that my activity would need a bit more control and better direction. The class did get a bit rowdy and out of control. I feel like I will give more specific directions next time.

5. What do you think your answer #2 is going to be?

I have already done my third interview and my interviewee gave me a little insight on what my answer #2 should be. I have decided that my answer #2 is going to be alternative dispute resolutions such as mediation and arbitration. 

Sunday, January 31, 2016

Independent Component #1

How to: Civil Litigation



This is a link to a video I have made with information in regards to the Civil Litigation. 

Go check it out!

Independent Component #1

How to: Case File


The image above demonstrates any ordinary case file that is kept by attorneys that organizes documents important to a case. The contents include papers that are categorized in several categories. For the purpose of this example, we will be focusing on four specific categories: 

Case Law, Attorney's Notes, Exhibits, and Correspondence.


This would be the inside of the case file with the four categories organizing all individual documents. 

These types of documents are found within the category of Case Law. This category will include all types of research concerning the case at hand. Since this case file is for the mock trial, it contains information on Missouri laws and statutes concerning murder. The homicide of the pig brothers occurred in the state of Missouri so then this information would be very useful. 

These papers are all notes that my partner and I did during the trial and prior to the trial. These papers would fall under the Attorney's Notes category. Notes can be taken during trial and prior to it. Notes prior to trial can include information such as questions you plan to ask witnesses, opening statements, and closing arguments. 


The next category in the case file is exhibits. Now not all exhibits can fit in a case file, so what can be done in those situations are pictures, as shown above. There can also be documents that are important to case. Normally the exhibits are organized into a list to make exhibits easier to access. It is also important to know that 1-100 are normally marked as exhibits for the petitioner and the following hundred go to the defendant. If the exhibits on one side exceed 100 then the exhibit number rises to 1-300 for the petitioner and 301-600 for the defendant. 


The last category is correspondence and this normally includes emails exchanged between party members (clients and attorneys) and between opposing parties. This image above is of a packet that can qualify as correspondence as it is instructions sent from the teacher to the students with information on the case. This is an exchange of information and therefore is under the correspondence.

Other categories include Pleadings (court documents such as subpoenas, complaints that have been filed, etc.) and Miscellaneous (any miscellaneous documents pertaining to the case). 

Wednesday, January 13, 2016

Blog 14: Interview 3 Preparation

It's Interview 3 already!?! Wow, time flies fast!
1.  Who do you plan to interview?  What is this person's area of expertise?

I plan to interview a paralegal at my mentor's law firm. This person specializes in assisting attorneys with legal cases that go to trial. She normally helps my mentor prepare for trials, contact clients on their behalf, file and send important documents, and with any other matters concerning cases or in a law firm. 

2.  Verify that you have called your interviewee to schedule an interview.  What is the date and time of the interview? 

I plan to interview my interviewee in two weeks.

3.  Phrase an open-ended question that will help you find research resources that would help to answer the EQ.

What do you think a client needs to know when their attorney is trying to avoid a case from going to trial?

What information should a client know and understand before going to trial?  

4.  Phrase an open-ended question that will help you think about other useful activities you might do to help you answer the EQ (IC2, possible experts to talk to, etc).

How would one go about informing the public of alternatives to going to trial, such as mediation and arbitration? 

Who do you believe I should interview in regards to avoiding trials? 

5.  Phrase two open-ended questions that help you to understand your interviewee's perspective on an aspect of your EQ. 


Would you say that pre-trial motions are effective most of the time in avoiding a trial? Why or why not?

What do you believe is the most effective way in avoiding a trial?

Tuesday, January 5, 2016

Blog 13: 10 Hour Mentorship Check-In

Mentoring at a Law Firm

1.   Where are you doing your mentorship?

I have been mentoring at the law firm known as Driskell & Gordon--Attorneys at Law. 

2.   Who is your contact?  What makes this person an expert?

My contact, or mentor, is Mr. John L. Gordon. I feel that is more than qualified to be my mentor because he has had over a decade of experience within the field of law, specifically conservatorships, trusts and wills, and estate planning. He has also taught classes on Business Law at Citrus College. Not only this, but he has given a few seminars concerning Special Needs Trusts for the mentally disabled and has drafted many of these trusts.

3.   How many hours have you done during the school year? (Summer Mentorship Hours and Mentorship Hours should be reflected separately in your Senior Project Hours log located on the right-hand side of your blog).

I have completed 57.8 Hours during the school year. 

4.   Succinctly summarize what you did, how well you and your mentor worked together, and how you plan to complete the remaining hours.


For the majority of my mentorship, I completed deposition summaries, which are basically summaries of a deposition transcript. A deposition is a questioning where the opposing counsels and a witness must meet along with a court reporter to transcribe everything asked. This transcript can then be used within a trial. I was present during one deposition and I summarized the deposition transcript for that very deposition. I have organized several case files, which are the files that keep all records, relevant documents, notes, and court documents that are involved in a certain case. I have had several discussion with my mentor concerning certain topics such as a closing argument, how agreements before trials occur, and mediation. I have completed the required 50 hours, but my mentor and I have come to an agreement that if I were to need any more hours or if he was working on something interesting that he would like to share with me, we will meet up again and continue my mentorship. 





Monday, January 4, 2016

Blog 12: Holiday Project Update




The new year is here and the senior project continues!

1.  It is important to consistently work on your senior project, whether it is break or we are in school.  What did you do over the break with your senior project?

I have already completed my required mentorship hours and I really didn't do anything towards my senior project besides work on my notebook. 


2.  What was the most important thing you learned from what you did, and why?  What was the source of what you learned?

I had done a bit of research for my senior project and learned a bit about conservatorships and guardianships, which is the type of law my mentor practices. I also learned a bit on relationships between a client and their attorney, which is what my essential question will be based on. I plan to research a bit more on different types of cases involving attorney and client agreement and disagreement as well as the psychology of how best to serve a customer (this may seem a bit farfetched but I feel it will be necessary for my research on the client and attorney relationship). 


3.  Your third interview will be a 10 question interview related to possible answers for your EQ. Who do you plan to talk to and why?

For my third interview, I plan to interview one of the paralegals at the law firm I mentor at because she seems to be the closest to the clients as she is always welcoming new clients and sometimes talks to clients on behalf of my mentor. I also would like to research a bit more on paraegals and the impact they make in the environment of a law firm and the client and attorney relationship and the opposing counsel relationships, as they also interact with the opposing counsel on behalf of attorneys.