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Rkadvising Associate Job

The document describes a remote job posting for a legal associate position. The job involves legal research and drafting legal documents for US civil and family law cases. Applicants must have 1-3 years of experience and proficiency in legal research. The job pays a monthly compensation of 30,000-40,000 INR and offers growth opportunities after 6 months to 1 year.

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Abdul HAJIK Ansari
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55 views3 pages

Rkadvising Associate Job

The document describes a remote job posting for a legal associate position. The job involves legal research and drafting legal documents for US civil and family law cases. Applicants must have 1-3 years of experience and proficiency in legal research. The job pays a monthly compensation of 30,000-40,000 INR and offers growth opportunities after 6 months to 1 year.

Uploaded by

Abdul HAJIK Ansari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Job Title: Legal Associate

Location: Remote
Timings: 9AM-5PM EST
Experience: 1-3 years
Industry: U.S. Civil Law and Family Law

RE: REMOTE ASSOCIATE JOB (EST TIME ZONE)


We are a forward thinking remote legal services firm working with US based lawyers. We
are currently expanding our team and seeking an Associate to join us in a remote capacity. You
will be primarily working on civil and family matters. The working hours will be from 6:30PM -
2:30AM IST (9AM-5PM EST) with half hour dinner/lunch break. This remote position offers an
exciting opportunity for recent graduates with 1-3 years of experience to grow, learn and excel in
working on laws of other common law jurisdictions. There will be no work done on Indian laws
and no requirement of attending court hearings. You will be provided with research tools, standard
operating procedures, pleading samples, practice notes and guidance needed to complete your
work.
Responsibilities:
Perform legal research and draft clear and concise memos for case analysis and strategy. Draft
concise ready to file complaints, motions, responses, memorandum of laws, discovery requests.
Proofread legal pleadings and fill family law forms from client documents.
Qualifications:
Bachelor’s degree in law from a recognized institution. 1-3 years of experience in a litigation firm.
Bonus if worked at state or central standing counsel offices or at the Supreme Court. Ability to
draft brief and concise legal pleadings without legal conclusions. Interest in U.S. Civil Law and
Family Law. Proficiency in using legal research tools and using boolean operators. Strong
analytical abilities to understand procedural laws and its intricacies. Ability to work independently
and collaboratively within a remote team environment. Detail-oriented and able to meet deadlines
and attention to detail.
Compensation:
Monthly Compensation: 30,000/Month INR (Sixty days probation) and then 40,000/Month INR.
High growth opportunities available after six months to a year depending on ability to learn and
work independently.
How to Apply:
If you are an Advocate looking to explore working on laws of other jurisdictions and you thrive in
a remote work environment within the Eastern Standard Time Zone, we invite you to apply. We
are an equal opportunity employer. We encourage applications from candidates of all backgrounds
and experiences.
Please submit your resume, an Indian pleading sample that you’re proud of and a 1-2 page motion
based on the problem below to [email protected] . We do not require a cover letter.
Application Deadline: March 18, 2024
1
ASSOCIATE JOB PROBLEM
FACTS:
A motion for clerk’s default was filed on December 18, 2023. Motion for default judgment
was filed on December 18, 2023, resulting in default final judgment on December 22, 2023.
Defendant had filed a complaint for breach of contract against Plaintiff on November 02, 2023, in
the same court (Case Number: 420). The First Complaint (Case No. 420) involved the same
premises, same issues, and parties as the instant Second Complaint (Case No. 429) in which the
default judgment was issued. Defendant’s counsel had communicated with Plaintiff on phone call
on November 2, 2023.
Defendant provided Plaintiff’s counsel with copy of First Complaint on November 15,
2023 via e-mail. Defendant’s counsel stated that “Instead of filing this documentation, you could
have simply waited for us to file an eviction and defended”. Plaintiff filed the instant complaint,
on November 9, 2023. Plaintiff was served with summons in the First Complaint on December 22,
2023. Defendant’s counsel has never received any notice or service from Plaintiff on any of its
pending motions even though Defendant’s counsel represents Defendant in First Complaint
involving the same parties and subject matter.
RULE:
In case after case, the Florida courts have held that a party cannot obtain an ex parte default
when the party knows that the opposing side is represented by counsel and intends to defend on
the merits. See Apple Premium Fin. Serv. Co. v. Teacher's Ins. & Annuity Ass'n of Am., 727 So.
2d 1089 (Fla. 3d DCA 1999) (reversing order denying motion to vacate default where pre-suit
negotiations between counsel for both parties indicated plaintiff was aware defendant was being
represented by counsel and intended to defend on the merits)
The purpose of the rule is to speed the action toward conclusion on the merits where
possible, not to expedite litigation by ex parte actions and surprise. See H. Trawick, Florida
Practice and Procedure. § 25-2, 25-3 ( 1985). The entry of default is appropriate where a defendant
does not intend to appear and defend the merits of the action or engages in dilatory practices in
bad faith solely for purposes of hindrance and delay. On the other [**7] hand, default is not
appropriate in cases where the plaintiff knows that a defendant is represented by counsel who
intends to assert matters in defense of the cause of action. The default rule has been liberally
construed in Florida to allow trial upon the merits where all parties appear rather than to encourage
resolution of legal disputes by default. EGF Tampa Associates v. Edgar V. Bohlen, 532 So. 2d 1318
(Fla. 2d DCA 1988); Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985);
See H. Trawick, Florida Practice and Procedure, § 25-2 (1985). Gulf Maint. & Supply, Inc. v.
Barnett Bank of Tallahassee, 543 So. 2d 813, 816 (Fla. 1st DCA 1989)
When the plaintiff is aware that the defendant is represented by counsel and intends to
defend on the merits, Florida Rule of Civil Procedure requires the plaintiff to serve the defendant
with notice of the application for default and to present it to the court for entry. A clerk's default
entered in accordance under these circumstances is invalid and renders a resulting judgment void.
See U.S. Bank Nat'l Ass'n v. Lloyd, 981 So. 2d 633, 640 (Fla. 2d DCA 2008)

2
QUESTION:
Draft a motion to set aside default judgment on behalf of the Defendant. Identify the rule
under which the motion will be filed using the above research as a starting point. There is no need
to provide a caption. Draft your Motion starting with the paragraph identifying the rules required.
Draft the facts, grounds and relief. Refer only to Florida Rules of Civil Procedure and Florida law.

[MOTION TITLE]
Comes now, Defendant, by and through the undersigned counsel, and moves under Fla. R. Civ.
P. ______ and __(_) to set aside the clerk’s default and default final judgment issued against
Defendant on December 22, 2023.
I. FACTS
II. GROUNDS
a. Ground a
b. Ground b
III. RELIEF

*Formatting Guidelines:
Page size: Letter
Font Size: 12
Font: Times New Roman
Text: Justified
Line Spacing: 2.0
Avoid using the Defendant / the Plaintiff. Just Defendant or Plaintiff is fine.

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