How the Legal Examiner Works in Litigation

One of the most dreaded experiences in the world of insurance is taking the legal exam. In most cases, the legal record examination consists of one of two multiple choice questions. The first question will require the legal professional to answer a collection of either simple or complex questions designed to test the legal professional’s knowledge of the local laws. This portion of the test is called the “ability to transact business” portion and is the portion that most people dread.

The second part of the examination involves answering a set of at least two more multiple choice questions. These questions cover the local laws applicable to the business operations in question as well as their application to the company in question. Again, this portion of the exam is often the portion that people dread the most. While the legal record portion of the exam can be an extremely frustrating endeavor, it is important for those who are preparing for it to remember that it is not the most important aspect of the entire process. While the legal record examined will certainly be examined by those prospective attorneys desiring to become licensed attorneys, the licensing interview will be where the real work is done. The attorney gets the opportunity to display his or her legal acumen and the client gets the chance to ask any questions that they might have about the particular lawyer that he or she is considering to become their legal counsel.

While it is true that the attorney can make a better impression upon the legal examiner if he or she answers the questions quickly and with confidence, there is no need to allow the legal record examiner to make the same impression. If the client has questions about the attorney’s conduct that he or she feels are relevant to the case, the attorney should do his or her best to explain those questions in a way that the legal record examiner will be able to clearly understand. There are many different types of questions that the examiner will be asked throughout the exam.

It is important to remember that the purpose of the legal record examination is not to prove the admissibility of a client’s claim, but rather to help the legal examiner establish whether the claim is well-made. When the client appears before the examiner in an attempt to establish that the attorney’s claims are well-made, it is the duty of the attorney to ensure that the client has thoroughly explained each question to the legal record examiner in a manner that the legal record will be able to understand. In the world of litigation, it is often difficult for clients to think through their answers so it is often better to ask a question multiple times to ensure that the answer receives a comprehensive answer. Even if the client is unable to explain the answer or the reasoning behind a given question, the attorney should still attempt to answer the question based on the information that the client has provided. Doing this is not only important from the perspective of the client and the legal record, but is also very important from the perspective of the legal record examiner.

In the realm of the examination, it is important to remember that the attorney does not always have the final say on whether or not their client’s legal theories are well-made. As previously mentioned, the legal record examiner is not required to review every potential claim that the client brings to the courtroom, so attorneys are advised to not rush their responses. Instead, the client should take the time to carefully outline his or her argument, including supporting documents, a thorough discussion with a trusted person (such as a friend or family member), and even a single or two coherent paragraphs detailing why the attorney’s theory is the right thing to do. In the final analysis, it is not the legal record that will determine the outcome of the examination. The legal record will ultimately be reviewed by the judge in the case, and in many cases, the judge will not require additional input from the attorney. Once the claim has been submitted to the judge for review, the attorney is typically advised to prepare a final argument and submit it to the court.

There are a few things that the legal record examiner will take into consideration when reviewing a claim that the attorney submits. First, the legal record will take into consideration whether the claim is legally distinguishable from those that have previously been litigated and resolved. This means that if the client has already litigated a claim and resulted in an unsatisfactory result, he or she may be advised to reconsider. Second, the examiner will also take into account whether the claim is supported by any evidentiary support such as expert reports, depositions, etc. Third, the legal record will also take into account whether the claim is reasonably possible under the rules of evidence.

If the legal issue is not easily distinguishable from those before it has already been litigated, the legal process generally continues in the same manner as in the prior case. There are a few exceptions to this rule, however. If the claim is subject to new technologies that substantially affect the litigation (for example, if a video recording of an arrest becomes part of the record), the legal issue will likely be reviewed under the new principles of evidence and procedures. Also, if the claim lacks evidentiary support, the attorney may be required to develop such evidence within the course of the litigation. If the new evidence turns out to be insufficient to support the claim, the attorney may be allowed to supplement the lack of evidence with what he or she regards as adequate evidence, but only after filing the supplemental claim with the court.

The legal professional who wants to speed up the litigation process through the legal system should keep in mind that it may take longer for the examiner to review a claim. Attorneys should also make certain that they have submitted all appropriate documents to the court along with their client’s duly completed discovery requests and, if applicable, application and schedules. This allows the client to obtain relief as soon as possible so that resolution can begin on the client’s behalf. There are certain deadlines that must be met in most instances, including deadlines for discovery, trial and post-trial motions. It is the responsibility of the attorney to make sure that these deadlines are met in a prompt and timely manner. If an attorney does not submit the proper documents, the client may be harmed.