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Resources & Opportunities Reviewed Automotive Product Liability by Margaret Lucas Agius, CLA We drive them every day—cars, trucks and sport utility vehicles. Some legal assistants defend them every day as well. In the area of automotive product liability, there are some helpful resources that are assets both to rookies and veteran paralegals, whether working for defendants or plaintiffs. There also are employment opportunities that may be of interest to legal assistants interested in automotive product liability. A review of these resources and opportunities is offered here, along with some examples of how legal assistants are utilized in this area of the law. References and Resources One challenge for a legal assistant working in the automotive product liability arena is learning the engineering terms, jargon, and the “alphabet soup” of acronyms. A chart of some commonly used acronyms, including definitions and associated Web sites, is provided with this article to help in mastering the vernacular. The acronym that stands out from the rest, and will become a key part of the automotive product liability paralegal’s vocabulary, is NHTSA (National Highway Traffic Safety Administration). The NHTSA Web site at www.nhtsa.dot.gov/ offers a wealth of information, including compliance testing, consumer complaints, defect investigations, recalls, and technical service bulletins. As described at the Web site, NHTSA is charged with a broad range of responsibilities: The National Highway Traffic Safety Administration (NHTSA), under the U.S. Department of Transportation, was established by the Highway Safety Act of 1970, as the successor to the National Highway Safety Bureau, to carry out safety programs under the National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1966. The Vehicle Safety Act has subsequently been recodified under Title 49 of the U. S. Code in Chapter 301, Motor Vehicle Safety. NHTSA also carries out consumer programs established by the Motor Vehicle Information and Cost Savings Act of 1972, which has been recodified in various Chapters under Title 49. NHTSA is responsible for reducing deaths, injuries and economic losses resulting from motor vehicle crashes. This is accomplished by setting and enforcing safety performance standards for motor vehicles and motor vehicle equipment, and through grants to state and local governments to enable them to conduct effective local highway safety programs. NHTSA investigates safety defects in motor vehicles, sets and enforces fuel economy standards, helps states and local communities reduce the threat of drunk drivers, promotes the use of safety belts, child safety seats and air bags, investigates odometer fraud, establishes and enforces vehicle anti-theft regulations and provides consumer information on motor vehicle safety topics. Another acronym that is part of every automotive product liability legal assistant’s vocabulary is VIN (Vehicle Identification Number). A VIN is to a vehicle what a Social Security number is to a U.S. citizen. There are a number of Web sites that offer free, basic information (e.g., year, manufacturer, country of assembly, model, style and body type, and engine) about a vehicle based only on its VIN. 12 FACTS & FINDINGS / AUGUST 2003
Two sites that offer this information are www.app.consumerguide.com/autochannel/vhr/index.cfm?act=start&AID=4 01, and Auto Check at www.autocheck.com/autocheck/1 autocheck/jsp/home.jsp?&414=706. More detailed reports are available for a fee, with a single report costing less than $20 from either service. Unlimited access to detailed reports for a specified period of time (generally 60 days) ranges from $19.99 to $23.95. A paralegal may wish to use this type of service to acquire information not only about the vehicle he or she is defending, but about other vehicles involved in the accident as well. If you don’t know a snap-ring from a solenoid, a glossary of automotive terms is invaluable. The glossary of more than 400 automotive terms at the iCARumba website, at www.icarumba.com/icarumba/resourcecenter/glossary/default.a sp. will help you speak “mechanic” like a true gear-head. The easy-to-understand definitions and illustrations are adapted from Chilton’s Easy Car Care. There are many other useful websites that can be found with a bit of browsing. Employment Paralegal jobs in automotive product liability defense could be anywhere in the country, but Detroit is the obvious hot spot. Major law firms in the Detroit area, and throughout the country, count the “Big Three” auto manufacturers among their top clients. Most of these firms employ paralegals. The Big Three have all run Internet job postings for legal assistants this year. Not all of them were in product liability, but following are some examples. DaimlerChrysler Corporation, Auburn Hills, MI, ran two postings for paralegals on the Michigan Talent Bank at http://www.michworks.org/mtb/user/MTB_EMPL.EntryMain Page. Education and experience requirements were an associate’s degree (bachelor’s preferred), and two years of experience. 1. Assist in-house counsel in general litigation department. Position includes analyzing legal issues, obtaining information and preparing written responses to discovery and third party subpoenas in various types of litigation—employment, commercial, bankruptcy, and general and auto liability, managing files, legal research, communicating with outside counsel, coordinating company depositions. 2. Receive service of process of legal documents; review and analyze the documents and record essential information electronically; identify departments to which the documents are directed; and transmit documents to that department in a timely manner. General Motors Corporation, Detroit, MI, also ran a Michigan Talent Bank posting that required a bachelor’s degree. Assist attorney by performing various duties relating to legal procedure and substantive areas of law which would otherwise be handled by the attorney. Work involves individual judgment, initiative and resourcefulness with minimum supervision and direction. Conducts legal research (includes cite checking, Shepardizing, utilization of Lexis, etc.); compiles documents for inclusion into and knowledge of computerized litigation support systems; gathers and analyzes factual and business data; prepares legal documents in various specialized areas of law for attorney; prepares name, subject matter and chronological files; frequent contact with others outside the work group. Ford Motor Company, Dearborn, MI, ran two job postings for legal assistants on America’s Job Bank at http://www.ajb.dni.us/. Education and experience requirements for both positions included a four-year degree with a legal assistant major from an ABA-approved program, or a four-year degree plus certificate from an ABA-approved program, or a four-year degree plus at least five years of related paralegal experience. The first Ford position, in consumer litigation was described as follows: • Manage a caseload of nationwide warranty and lemon lawsuits under supervision of an attorney. • Work with outside counsel to analyze case issues and evaluate cases for resolution. • Locate and obtain required company information. • Learn federal warranty statutes and state lemon-law statutes for assigned area of coverage. The second Ford position, in product litigation was described as follows: • Work closely with case handler and outside counsel to analyze case issues and evaluate cases for assessment. • Review 90-day reports from outside counsel, and locate and obtain additional information when necessary. • Prepare and update LMMS reports. • Locate and obtain company documents and information. • Locate and interview company personnel, including retirees. • Coordinate scheduling of depositions of current and retired company employees within the various engineering groups. • Assist in compiling accident facts and vehicle information. • Review and monitor outside expert budgets and bills from outside counsel and prepare purchase orders for payment and case handler approval. • Process and obtain case settlement checks in a timely fashion. • Assist case handler in ensuring that major cases are identified and reviewed by the Trial Preparedness Committee and handled appropriately throughout the course of litigation. • Possible travel is involved. continued on page 14 FACTS & FINDINGS / AUGUST 2003 13
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