This chapter discusses the process of evaluating a civil case and the preliminary investigation that is required before bringing an action. The steps preliminary to initiating a civil action are some of the most important that a paralegal can learn. There are many requirements that must be satisfied before a civil lawsuit can be brought against a defendant. We will discuss those numerous preliminary steps in this chapter, concentrating on not only the rules of civil procedure but also the practical aspects of research, investigation, and preparation that must occur.

After reading this chapter, you will be able to:

Explain the importance of determining a cause of action prior to filing a lawsuit.

Describe the process of evaluating a potential civil case.

Explain the legal requirement for an independent factual investigation prior to filing a claim.

Document the significance of Rule 11 of the Rules of Civil Procedure.

Explain cause of action.

Describe the initial client meeting and important documentation that must occur therein.

Prepare a basic client questionnaire.

Detail the importance of client authorizations for release of records.

Explain how witnesses should be interviewed about potential cases.

Describe how a paralegal can conduct basic factual investigations.