Assignment 2: Hilary Case

Assignment 2: Hilary Case

Review the case file titled “Hilary Case," found below these instructions.

Write a five to six (5-6) page paper in which you:

Draft a legal memorandum in which you discuss the likelihood of a successfully recovery by your client.
Write a summary of the main steps that you, as the paralegal, need to take in order to prepare the Hilary Case for trial.
Describe two (2) issues that would cause you to reach out to the supervising attorney for help.
Draft a letter to the supervising attorney in which you recommend the settlement of the Hilary Case.
Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic resources.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.

The specific course learning outcomes associated with this assignment are:

Use the rules for citation form for primary and secondary authorities as well as the use of signals such as id., supra, infra, etc.
Analyze what paralegals do, the career choices available to paralegals, their role in the legal profession, and the need for continuing education and training.
Examine the paralegal workplace, tasks, and functions of a paralegal and accounting procedures in the law office.
Use technology and information resources to research issues in paralegal studies.
Write clearly and concisely about paralegal studies using proper writing mechanics.

DOWNSTATE MEDICAL ASSOCIATES

2343 Medical Building Suite 808

Downstate, New State 989021

(788) 123-4566

PATIENT BILLING RECORD

Patient Name: Davis Hilary Patient ID No.: 998080

Patient Address: 33 Wireman Road, Apt 3A, Lower Council, New State 3900

Patient DOB: 2/26/96

Parents: Katyand Herbert Hilary

Parent Contact information: 222-333-4444

Insurance: Information on File

Date of Treatment / Description / Coding / Cost
4/4/11 / Exam Established Patient Level II / 99212 / $195
4/4/11 / Sutured 2.5 centimeter scalp wound / 77777 / $250
Diagnosis:
Anxiety 300.08 related to beating by classmate
Cranial abrasions and contusions

Davis Hilary, a minor, by his:No.: 24-1432

Parent and guardian,

Katy Hilary

Plaintiff :

v.:

Bobby Jones,

Ronald Clemmons,:

Lower Council School District,

Defendants

Attorney ID No. 124987

NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21

Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served.

Date: September 14, 2011

John Morris

John Morris
Attorney for Defendants

interoffice memorandum

to:Peter Thomas, School Principal

from:Nurse Danila

RE:Bobby Jones

subject:Search

I was asked to conduct a search of Bobby Jones following an incident that occurred on the school bus while taking him and other students’ home today. I was told that Bobby became violent and held down Davis Hilary preventing Davis from exiting the bus. One of the students saw Bobby pull a knife. I understand that no knife was discovered on the bus after Bobby was taken off the bus and returned to school.

I asked Mr. Janses, the math teacher to remain in the room while I examined Bobby. Throughout my interactions with Bobby he appeared docile and seemed deflated following the incident. He said to me that he didn’t want to “hurt nobody,” but that Davis had been throwing him “bad looks” for weeks. Bobby cooperated fully and I asked him to remove his clothing. I examined each piece of clothing and did not find a knife or other weapon in his cloths or on his person.

Lower Council High School

Lower Council School District

STUDENT ACCIDENT REPORT FORM

Instructions: This form must be completed for any accidents involving a student during school hours or occurring during the hours before and after school hours when students are known to be on school property. This form should also be used for incidents off school property when the incident occurs during a school-sponsor event. This form, when completed, should be filed in the Office of the Vice Principal.

Staff completing Report:Ron Clemmons, Bus Driver

Date and Time of Incident:April 3, 2011 at 3:20 p.m.

Location of Incident:___School building __School grounds X School bus

___Other (provide detail here)

SECTION ONE – STUDENT INFORMATION

Name: Davis HilarySex: M FAge: 15 Grade:10th

Home Address: 334 Wireman Road Apt 3A, Lower Council, New State 03900

SECTION TWO – ACCIDENT

1. Describe the accidentin detail:

Student was prevented from exiting the school bus at his usual stop by Bobby Jones, an 11th grader who held him down and threatened him according to witnesses. One witness, a younger student named Melissa, claimed that she observed a knife in Bobby’s hand.

2. Describe the student’s activities at the time of the accident:

The student was attempting to exit the school bus.

3. What was the location of the accident?

The accident occurred on the School Bus as it was on the home-bound route.

4. Identify the student’s injuries in detail:

The student suffered cuts and bruises and seemed hysterical. He was crying loudly and bleeding.

5. Was anyone else injured in this incident? (If so, a separate form must be completed for each person injured.)

Yes___(If yes, what are the names of the other injured individuals?)______

No _X_

6.Person in charge when accident occurred (Name and Title):

Ron Clemmons, Bus Driver

7. Actions taken following the accident:

Bobby Jones was removed from the bus by police and restrained. A search was conduct by the school nurse and no knife was found on Bobby Jones. He was then taken back to the high school.

8. If the student was sent to the hospital:

Was the student taken to the hospital by ambulance? Yes No
If so, name of person who called for the ambulance: Not applicable
If no ambulance was called, identify who transported the student to the hospital:Not applicable
Name of hospital: Not applicable
Other medical treatment provided: The victim’s mother indicated that she was taking him to his pediatrician after she picked him at the incident site.

9.Identify who notified the student’s parents, the time of the notification and the result:

Davis’s classmate, Melissa Jones called his mother who arrived at the scene of the incident immediately.

10.Other information relevant to this incident:

None