During my internship I was able to be on both sides--the lawyer and the client. I had to go to court this semester for something and I was on the side of the client. My supervisor decided he would represent me. During this time I was able to see what the lawyer needs to go through, as well as what the client needs to do.
The first thing that happens is that the client receives a "Civil Summons." This is the court informing the client that someone is taking you to court. In this document, the Plaintiff (the one taking the Defendant to court), states the complaint. Once the client receives this, they can file and "Answer."
In my case, my lawyer filed an "Answer" to the court and to the Plaintiff. In this document are the reasons why the Defendant is innocent and should not be charged. I had a total of nineteen defenses as to why I was not in the wrong.
Once this is sent in, the court sends out a hearing date to both the Plaintiff and the Defendant. Once the date is set, both parties wait until the hearing. If either side has a conflict with the date and time given, they may ask for a continuance--also known as a "Motion to Continue."
Since neither party filed a "Motion to Continue," we waited until the hearing. A few days before the hearing, my lawyer had me come up with questions he could ask both sides. The questions asked for the Plaintiff are direct, simple and to the point. The questions for the Defendant, his client, are ones that show that they are a good person and did not do anything wrong.
The day of the hearing, we went over what the game plan was and what the outcomes could be. We arrived fifteen minutes before the hearing was supposed to start. Thirty minutes after the hearing was supposed to start, the Plaintiff never appeared. Because of this, the case was dismissed by the Judge.
Once this is decided, a week later, the client, the attorney, and the other party receive an Order stating the outcome of the hearing. In this Order, it states "After considerin evidence and authorities, the court jury finds, and the court enters a judgment as follows:
PLAINTIFF FAILED TO APPEAR; DISMISSED"
He then signs the paper and sends it to be filed in the Court Clerk's Office. He also sends it to the parties who were involved.
Once the Order has been sent out and filed, the case is over. In my case, I won and didn't have to pay any of the charges.
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I'm particularly interested by this passage: "A few days before the hearing, my lawyer had me come up with questions he could ask both sides. The questions asked for the Plaintiff are direct, simple and to the point. The questions for the Defendant, his client, are ones that show that they are a good person and did not do anything wrong." Did you come up with these questions because you're interning for this lawyer, or would a client normally do this type of work? How did your internship experience influence your ability to draft these questions? Did your internship experience help you to understand the difference between questions to ask a plaintiff and a defendant, or did the lawyer provide that type of guidance/advice?
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