Section 4.5 Determining Applicable Substantive and Procedural Law

• Library: Civil Trial Practice 2015 Supp

IV. (§4.5) Determining Applicable Substantive and Procedural Law

After the initial interview with a client, counsel should do the following:

· Conduct a careful investigation of all the facts.

· Determine whether federal or state statutes control the method and manner of relief. (Consider whether federal preemption applies, and if state law applies, which state’s law controls.)

· Research and consider what types of relief can and should be...