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1. You are a paralegal in a law firm that represents a real estate developer. Th

ID: 427239 • Letter: 1

Question

1. You are a paralegal in a law firm that represents a real estate developer. The developer has obtained a necessary driveway easement to her property. After the easement was obtained, it was discovered that the property over which the driveway is located had been earlier pledged as security for a debt to the First Bank and Trust. It also has been discovered that the First Bank and Trust debt is in default and that the First Bank and Trust is having a public auction of the property to pay the debt. Should the real estate developer be concerned? If so, what steps can be taken to protect the developer?

2. Aaron owns two lots of real property, Lot 1 and Lot 2. Lot 1 is located next to a public right-of-way, but Lot 2 is landlocked from the public lot right-of-way by Lot 1. Aaron conveys Lot 2 to Bob with a deed, making no reference to any rights-of-way or any other kinds of easement benefiting Lot 2. Bob then sells Lot 2 to Carol. Carol claims against Aaron that she has a right-of- way easement over Lot 1 for the purposes of providing access from the public street to Lot 2. Does Carol have a valid claim?

3.3. David has a driveway easement over Carol’s property. By the terms of the easement, the driveway easement expired six months ago. David continues to use the driveway easement. Can Carol sue David for trespass?

4. A farmer friend of Bill’s gives him oral permission to fish in a pond located on his farm. Bill fishes in the pond for several years. The farmer sells the farm. The new owner sees Bill fishing and asks him to leave. The new owner tells Bill that he cannot fish in the pond. Does Bill have some legal right to continue fishing in the pond? If Bill does try to fish in the pond, can the new owner sue him for trespass? Explain your answers.

Explanation / Answer


You’ve decided that a paralegal career is right for you: You’re interested in law and love the idea of getting get paid to do research and learn more… you’ve got a keen eye for detail and you’re analytical by nature… you’ve got a good track record for being able to rise to the occasion and handle anything that comes your way… You know you’re cutout for the work, so what’s next?
Earn a certificate or degree in paralegal studies? Find an entry-level job with a law firm as a runner or file clerk and work your way up to a paralegal position? Try to get in with a small firm that is willing to provide on-the-job training?

The right answer for you could depend on a number of different things:

What the job market is like in your area
What your local professional associations encourage in terms of minimum education
What education, if any, you already have
Whether you can afford to go to school
What your long-term goals are

The right answer for you will depend on many considerations, including:
What the job market is like in your area
What your state requires or encourages for training and education
What education, if any, you already have
Whether you can afford to go to school
What your long term goals are
Education
If you’ve begun researching what it takes to enter the paralegal field, chances are you’ve come across some iffy information. There’s no shortage of paralegal education programs, yet you’ve likely heard plenty ‘I know a guy who knows a guy’ stories:

Maybe it’s the story of the paralegal who made it big at one of America’s top law firms without any education beyond high school… Or maybe it’s the tale of the legal secretary who worked through the ranks to eventually become the most trusted paralegal in her firm.

Are these scenarios possible? Without a doubt. But are they likely? Not at all. These scenarios represent some pretty rare exceptions to the well-established rule: You’re going to need some formal education in paralegal studies.

In the legal industry of the 21st century, where attorneys are looking for the most qualified paralegals to work alongside them, formal qualifications in the form of an academic certificate or degree are typically considered an absolute minimum. Sure, there may be small mom-and-pop law firms that will take on the herculean task of training a paralegal with absolutely no legal background or education, but the vast majority of the time, particularly in the legal field, where time is of the essence and billable hours are the life blood of the business, employers are looking for paralegal candidates with a solid foundation in the legal field who will be an asset to them and their business.[/cs_text][x_blockquote cite=”” type=”left”]For most paralegals, this type of knowledge is best gained through a comprehensive degree program in paralegal studies or post-degree certificate.[/x_blockquote][cs_text]While the educational path you choose will largely depend on your personal preferences and goals, it’s also worth your while to contact your state paralegal association and ask what employers in your area are looking for. For example, in larger metropolitan areas, it is quite common for employers to demand that paralegal candidates hold two-year degrees and a post-degree certificate or even four-year degrees in paralegal studies. On the other hand, in small firms outside the major metro areas, a basic entry-level pre-degree undergraduate certificate program might be acceptable for entry-level employment.

But also imagine where this career may take you. Is eventually enrolling in a graduate program and specializing something that’s on your mind?

Since we’re talking about a profession with no licensing requirements, there are no educational minimums that have to be met to be right with the law. None. Zip. Zero.

But, ask any law firm looking to bring a new paralegal onboard or any organization representing the profession and you’ll hear something very different. Everyone from employers to parale