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?

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. 

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. 

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. 

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

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. 

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.

• Done 

           (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.