Rule 1: FOLLOW DIRECTIONS!!! Rule 2: TASK MEMO IS THE MOST IMPORTANT DOCUMENT. FOLLOW WHAT THE TASK MEMO TELLS YOU TO DO. Rule 3: IF YOU SEE “AND”, CIRCLE IT. IT MEANS THEY ARE ASKING YOU TO DO DIFFERENT THINGS. Rule 4: REFERENCES: YOU DO NOT NEED TO BLUEBOOK CITE, OR GIVE PAGE NUMBERS, BUT GIVE A REFERENCE TO THE CASE. DO NOT NEED TO PUT “QUOTES” Rule 5: DO NOT LEAVE OUT CASES THAT GO AGAINST YOU. Rule 6: ORGANIZATION IS KEY!!!! MAKE IT EASY TO READ. Rule 7: MEMOS: STATEMENT OF FACTS ISN’T THAT IMPORTANT. NEVER LEAVE OUT THE OBVIOUS. Rule 8: FACTS: NEVER LEAVE OUT THE OBVIOUS Rule 9: MAKE SURE YOU KNOW YOUR CLIENT Rule 10: ALWAYS HAVE AN ID STATEMENT FOR AFFIDAVITS & DECLARATIONS.
Legal Analysis Documents Memo of Law Memo of Points & Authorities Trial Brief (document to judge) Appellate Brief – persuasive legal analysis Memo to Judge – persuasive Client Letter – objective Letter to Opposing Attorney Position Paper (e.g. Persuasive Letter to Agency) Theory of the Case Memorandum Case Plan Be objective or persuasive Look for issues & elements If writing persuasively, do an argument by argument organization Fact Analysis Documents Closing Argument Organize Element by Element. Headings. Rebut evidence that goes against you, but talk more about evidence in your favor. Opening Argument Organize: Different paragraphs/headings: Introduction; State theory of your case in a way that will command the fact finder’s attention. Anticipate defenses Don’t argue law or facts. Drafting Jury Instructions Unlikely, because they’ve only done this once. Just follow directions Affidavits & Declaration Line 1: begin by identifying the declarant**** Line 2: Give the basis for knowledge (for why they are talking)” Numbered Lines*** One person’s testimony. Person is testifying as to what he or she knows. Testifies as to what the person knows. START WITH: “Gloria Green, under penalty, declares that the following is true and correct”
Drafting Documents Drafting Wills Meet Client’s Goals! Start With: “I am Emily Dunn, a resident of Jackson City, Franklin. This is my Last Will, and I revoke all previous wills and codicils.” Then Number…. End with “IN WITNESS WHEREOF, I, Emily Dunn, have signed this, my Last Will, in the 18th day of January, 1965.” Drafting Contracts Meet Client’s Goals! Drafting Deeds Meet Client’s Goals! Drafting Deeds Start With: “Andrew Cook of Devane, Columbia, as Trustor, and Jean Hemphill of DeVane, Columbia, as Trustee, agree as follows:” Then Number….each agreement by paragraph. Drafting Premarital Agreement Start With: “This agreement is entered into this 25th day of September, 1979, in Golden City, Columbia, between ROGER WINTHROP STERN and ANNETTE ELY LOCKWOOD. The parties contemplate marriage on or about October 5, 1979, and by this agreement seek to define their marriage. In furtherance of this purpose, the parties mutually agree as follows:” Then NUMBER…each agreement by paragraph. (i.e. What is SP, what will be transferred) Problem Solving Client has a problem and you need to solve it. Organize: Option by Option. State the Options & Consequences (legal and non-legal) for each option. Ethical Obligations This is the only exception to bringing in outside knowledge. If the lawyer does something unethical, but it is not mentioned in the file, you should mention it. Do 1 Paragraph: i.e. Conflict of Interest: 4 Suggestions- (1) disclose and get consent, (2) withdraw; (3) substitute; (4) get a second opinion.