Sample of Post Client Interview Legal Memo

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Lawyering Skills & Values I: Fall 2010 Syllabus
Prof. Lewis
Professor Kenneth L. Lewis Meeting Dates & Times:
Office # 270 Monday, Tuesday & Thursday 4:30-5:45 p.m.
Telephone: 954-262-6222
lewisk@nsu.law.nova.edu Room: Classroom 3
Secretary: Janet Corso

Mandatory LSV Course Texts
1. Helene S. Shapo, Marylin Walter, Elizabeth Fajan, Writing and Analysis in the law (5th ed. 2008)) [Shapo]
2. Sloan, Basic Legal Research (4th ed. 2009) [Sloan]
3. The Bluebook (19th edition.) [BB]
4. Linda Barris, Student Guide to the Bluebook (2nd edition) [Barris]
5. William Strunk, Jr. and E.B. White, The Elements of Style, 4th Edition [Strunk and White]
6. Model Rules of Professional Responsibility and Rules Regulating the Florida Bar (RRTFB)
(available online at no cost)
NOTES ABOUT CLASS & MEETING DATES
 Blue links are active. By right clicking the link with your mouse and selecting ―open hyperlink‖ you will be able to access
the material. PLEASE Register for the Web Course. They are many handouts on the web Course, and we will use
them throughout the semester. You must access these materials through the Web Course. When registering for the
web course, you MUST USE your nsu.law.nova.edu email address. Do not use any other email address.
 Understanding the Syllabus: The ―Text or Handout Reading‖ and the ―Web Reading‖ are to be completed for the
class day indicated.
 Meeting Dates & Times: This class meets on Monday, Tuesday, and Thursday. There may weeks in the semester,
however, that we will meet for less than our scheduled three classes. In addition, the syllabus will be updated (and,
perhaps, changed) periodically. It is your responsibility to check the ―Syllabus‖ link on the TWEN Web Course regularly
to determine when we are meeting and what assignments are due. I will generally announce any such changes in
class, but it is your responsibility to attend all classes and have all assignments completed by the due date and time.
Not knowing that we are meeting on a particular day or that an assignment is due is NO EXCUSE!
1
 Class Handouts: You will receive numerous handouts and supplemental readings during class. This material will be
useful to you not only throughout the semester and your ongoing legal education, but it will be important to review these
materials in preparation for your major assignments. Furthermore, anything distributed in class, discussed in class, or
assigned as reading is fair territory for quizzes. You should keep all of these materials in one binder or large folder.
 Quizzes: At my discretion, throughout the semester, I will administer several quizzes that may be unannounced. If you
need special accommodations, please be sure to contact Sharon Booth in Student Services at (954) 262-6126 as soon
as possible.
 Office Hours: My office hours are from 1:00-2:00 p.m. every day that we have class. I will be in my office during that
time, unless I advise during class or via email that office hours are canceled for a particular day. In addition, when I am
in the office, you are free to visit. If I am unable to meet with you, feel free to reschedule a visit. I am unavailable during
the LSV student conference period and during the 48-hour period following the distribution of graded memorandum
assignments. Generally, students are free to come to my office and speak with me about anything without pre-set
appointments. However, if you have an important matter to discuss or would like to discuss one of your assignments at
length, you may want to email me to set an appointment. Please note that appointments are given priority over walk-ins.
Course Objectives:

By the end of the course:
1. The student should be able to adequately analyze and synthesize the law, with a focus on reading and understanding
case opinions and statutes;
2. The student should be able to find the law using state resources and secondary sources;
3. The student should be able to logically apply the law to specific fact scenarios using proper legal analysis and
reasoning;
4. The student should be able to communicate the analysis, synthesis, and application of the law using a basic office
memorandum; and
5. The student should have become familiar with several lawyering skills including general problem solving skills, client
interviewing, and negotiation.

2
THINGS YOU SHOULD KNOW ABOUT LSV

The skills you learn in this course are invaluable and will be used throughout your law school and legal careers. Strive to learn all
that you can and to practice as much as you can. Practice makes permanent.

In the course, you will be asked to write and think in a manner that is unfamiliar and thus, during the first couple of weeks, you may
feel frustrated, confused and stressed. Don’t panic! You should know that your classmates are all in the same boat, and law
professors, lawyers and judges were once in that boat. They made it and so will you.

In LSV you receive constant feedback from your professors, and you may be disappointed with your early grades. Don’t panic. You
should know that your classmates are all in the same boat, and law professors, lawyers and judges were once in that boat. They
made it and so will you.

LSV is a very new experience. The only dumb question is the one not asked. Never wait until the end of the semester to seek help
from your LSV professors (or any other professor).

Your LSV course models the law office and thus, professionalism is required. Be professionally courteous and respectful to
everyone in your class and the law school environment.

3
Class Topic Text or Handout Web Reading Assignments
Reading
Introduction to LSV Shapo: Chapters 1
 Overview of LSV and 2  Model Rules of Professional DISTRIBUTED in class:
1 Program and "Policies & Responsibility Preamble and LSV Policies and
Procedures" Scope and Rule 1-1 Competence Procedures.
Orient.  Ethics & professionalism (Click on Preamble and Scope in
Day 1 Table of Contents and then click Read Plagiarism handout
Weds. U.S. Legal System on Rule 1-1 in the Table of and return signed
8/18  Introduction to U.S. Contents) acknowledgment
law
10:45-  Law Student Plagiarism
12:15
 U.S. Court System

 Florida Court System

WEEK 2 BEGINS HERE WEEK 2 BEGINS WEEK 2 BEGINS HERE
HERE

U.S. Legal System (cont’d) Shapo: Chapter 7
2 Sloan:pp 1-12 DISTRIBUTED in class:
 U.S. courts Sample Office Memorandum
 Primary & secondary ASSIGNED: Assignment
Mon. authority #1—read all the materials
8/23  Relationship between for the next class
statutes & cases
 Case Briefing and Due:
analysis Shapo: Exercise 1-E
Shapo: Exercise 7A,7B

4
Introduction to Legal Office
Memoranda, Predictive
Analysis, & IRAC/CREAC

Class Topic Text or Handout Web Reading Assignments
Reading

3 Intro to Legal Analysis: Shapo: pp. 80- DUE in class: Signed
87;117-124; 128-159 Omnibus Acknowledgment
Tue.
8/24 Case Analysis and DUE in class:
Developing the Rule from a Cases for CREAC Shapo: Exercise 1-A
single case assignment Shapo: Exercise 1-B
Shapo: Exercise 4-A
Shapo: Exercise 4-B

4 Intro to Legal Analysis:
Synthesis Chart Shapo Exercise 2-H
Thur. Developing the Rule from Shapo Exercise 2-I
8/26 multiple cases; Using Shapo Exercise 2-J
Synthesis Charts
DISTRIBUTED: Blank
Synthesis Chart for the Rule
of Law
WEEK 3 BEGINS HERE WEEK 3 BEGINS WEEK 3 BEGINS HERE
HERE

5
Distributed in Class
5 Analytical Formats and Shapo: pp. 62-67; Reasoning by Analogy Sample CREAC
Analogical Reasoning: 250-52
Mon. DUE in class: Completed
8/30 Structuring your analysis and Rule of Law Synthesis
predictive power. Charts including all cases
assigned for CREAC # 1

Shapo Exercise 2-A
Shapo Exercise 2-B
Shapo Exercise 4-E
Shapo Exercise 4-G

6
More Work with Drafting Rule and
6 Rule Explanation Paragraphs Shapo: Chapter 5  Shapo Exercise 5-A
Shapo: Chapter 6 Shapo Exercise 5-B
Tue. How Does the Rule Apply to My Shapo Exercise 6-A
8/31 Facts?
Writing the Rule Application Section
and Reaching a Predicted Result

Class Topic Text or Handout Reading Web Reading Assignments

7 More work with Rule Application Shapo: Chapter 8
Due in class: Bring at least one
Thur. Putting it all together: CREAC analysis.
9/2 Revising, Editing, and Proofreading
your own work

WEEK 4 BEGINS HERE WEEK 4 BEGINS HERE WEEK 4 BEGINS HERE
Mon. NO CLASS (LABOR DAY)
9/6
 Model Rules of Professional
8 Introduction to Legal Research: Shapo: Chapter 12 Responsibility R. 1.1 & 3.1, 3.3 DUE: CREAC due by 5:00 p.m.
and compare Saturday 9/11/2010
Tues. How do I get started, and how do I keep Sloan: Chs. 1 (pp. 1-17), 2  RRTFB 4-1.1, 4-3.1, 4.3.3(a), &
9/7 track of where I’ve been? and 2. comments. (Click on Ch. 4 ASSIGNED: Memorandum #1;
 Search Terms Rules of Professional Conduct. Read all documents for next class
 Research Logs BB, pp. 1-9 Locate the assigned subdivision
 Keeping Track of Citations—a (e.g. 4-1). Click on the
Brief Introduction Barris pp. 3-16 assigned subdivision and a list
of sub-rules will appear. Click
Cases & Digests Overview Memorandum 1 Documents on appropriate sub-rule.).
 Research Log Form

Class
Topic Text or Handout Reading Web Reading Assignments

7
Thur.
9/9 NO CLASSES
WEEK 5 BEGINS HERE WEEK 5 BEGINS HERE WEEK 5 BEGINS HERE
Research & Citation  Sloan: Ch. 3.
9.  BB: Rules P.1,
Secondary Authority: Legal 12.8.5, 15, 15.1, Work on Research Log for
Mon. Encyclopedias and A.L.R.; Treatises 15.1.3, 15.2, 15.4, Assignment #2
9/13 and Restatements 15.8, 15.8.1
Barris: Ch. 5 Memo 1 Due by 11:59 p.m.
Citing Secondary Sources WEDNESDAY 10/18

DUE at end of class: Library
10 Meet in Library: research exercise
Practice research
Tues. Work on Research Log for
9/14 Memorandum No. 1

 CALI – How to Find Case Law
11 Primary Authority: Case Reporters &  Sloan: Ch. 4 Using Digests ** DUE at end of class: research
Digests (except section C)  Florida Court System (in the exercise
Thurs. Table of Contents, click on Ch.
1, Reporters and Digests and
9/16 Introduction to Citation  BB: Rules 10, Work on Research Log for
then read Court Systems and Memorandum No. 1
10.1, 10.2, 10.3,
Reporters and Digests)
10.4, 10.5, 10.7
 Introduction to Basic Legal
and Table 1
Citation (click on How to Cite
and read only How to Cite –
Judicial Opinions)

Class Topic Text or Handout Web Reading Assignments
Reading

8
WEEK 6 BEGINS HERE WEEK 6 BEGINS HERE WEEK BEGINS HERE
Research & Citation
12  Sloan, Ch. 6, pp. Introduction to Basic Legal Citation DUE at end of class:
Westlaw 155-60, 170-173: (click on How to Cite and read
Mon. § D; 194-198. only How to Cite Constitutions Work on Research Log for
9/20 Updating Research  Sloan, Ch. 10 & Statutes). Assignment #2
 Barris: 49-63  Help with Legal Research:
Citation  BB: Rules 12, Statutes
12.1, 12.2, 12.2.2,
 Statutes: Search Strategies
12.3, 12.3.2, and
12.9
 Shapo 95-116
 Shapo 125-127

Review The Reading for
13 Research & Citation ALL Research Classes Work on Research Log for
Meet in Library Assignment #2
Tues.
9/21 Citation
More work with the Bluebook

14 Research and Citation Overview Sloan: Review Ch. 5, Review Florida Citation Rules Work on Research Log for
pp. 129-30; 141-147. Assignment #2
Thurs. Primary Authority: Statutes
9/23 Barris: Review Ch. 2
Online Updating Authority (cases); Ch. 3
(statutes).
More Practice with Citation

Jeopardy

WEEK 7 BEGINS HERE WEEK 7 BEGINS HERE WEEK 7 BEGINS HERE
 Transitional phrases Statutory research assignment
15 Getting Ready to Rewrite the Old Sample Memo Format  Using Transitions due.
and Start the New   Paragraphs
Mon.  Parallelism Review Memorandum no. 1
9
9/27  Apostrophes documents and materials and
be prepared to discuss.

Starting Over: Approaching the Shapo: Chapter 9
16 Nuts and Bolts of a Memo Shapo: Chapter 10
Tue.
9/28  Large and Small Scale
Organization

 Organizing the Discussion
Section

17 Approaching the Nuts and Bolts of a
Thurs Memo  Work on Annotated Outline
(DUE 10/4)
The Facts Section

WEEK 8 BEGINS HERE WEEK 8 BEGINS HERE WEEK 8 BEGINS HERE

Class Topic Text or Handout Web Reading Assignments
Reading
Approaching the Nuts and Bolts  DUE by 9:00 a.m. via
18 of a Memo (cont.) EMAIL- Annotated Outline
for Memo 1
Mon.  Question Presented
10/4  Brief Answer
 Umbrella Section
 Conclusion

Constructing Effective Rule  BB: B4-B4.5; Rules
Application Paragraphs 1.2-1.4  Editing – IGNORE paragraphs 6
19 & 7 under Self-Editing  Work on Memo 1 (DUE
More Practice with Citations:  Barris: Review Strategies. You are NOT 10/18)
Tue. Signals and String citing Chapter 8 permitted to have anyone review
10/5 your paper.

10
20 CREAC Feedback Session
 Work on Memo 1 (DUE 10/18)
Thur.
10/7

WEEK 9 BEGINS HERE WEEK 9 BEGINS WEEK 9 BEGINS HERE
HERE

21 MANDATORY
CONFERENCES
10/11  Work on Memo 1 (DUE 10/18)
To (in lieu of regular class)
10/15

READ AND CAREFULLY
You must have a complete draft of
the memo with you at the time of
your conference.

I will not “pre-grade” your papers
during the conferences.

11
OPTIONAL Class
22
MEMO WRAP-UP
Thur.
Bring your last minute Questions about
10/14
Memo 1

Class Topic Text or Handout Reading Web Reading Assignments

WEEK 10 BEGINS HERE WEEK 10 BEGINS WEEK 10 BEGINS HERE
HERE

 DUE: Memo 1 DUE AT 11:59
NO CLASS
Mon. p.m.
10/18

12
Fact Gathering Shapo: Chap. 13  Model Rules of Professional  DUE: Memo 1 - Printed copy
23 Shapo: Chap. 11 Responsibility R. 1.4 & 1.6 must be submitted at the start
Fact Gathering and comments of class
Tue.  Rules Regulating the Florida
10/19  Role of Facts in Resolving Legal Bar R. 4-1.4 & 4-1.6 : (in the  ASSIGNED:
Problems Table of Contents, click on Research for Client Interview
 Interviewing theory, techniques, & Regulation, click on Rules and prepare questions for
ethics Regulating the Florida Bar, then interview – DUE Thursday 10/21
 Mock interview click on Ch. 4 Rules of by 4 p.m.
Professional Conduct, click on
 The Client Interview 4-1 Client-Lawyer Relationship Research Log for Memo #2 (Due
and go to Rule 4-1.4 & 4-1.6 11/2)

 Memo 2 - Read All Materials Annotated outline – DUE
Tuesday 11/9 by 4.p.m.

24  DUE by 4:00 p.m. : Questions
The Client Interview for client interview
Thur. Shapo: Chap. 14
10/21 Brainstorming: Shapo: Chap. 15  ASSIGNED: Draft Memo of
Relevant Facts – DUE by 4:00
 Summary of information p.m. Monday 10/26
gathered from client
Work on Research Log for
 What legal questions remain for Memo 2 (Due 11/2)
research?

 Distinguishing between
essential and non-essential
facts.

Organization for Memo # 2
END OF SYLLABUS – PART 2

13
Class Topic Text or Handout Reading Web Reading Assignments

WEEK 11 BEGINS HERE WEEK 11 BEGINS WEEK 11 BEGINS HERE
 Work on Memo of Relevant
25 Facts (Due 10/26)
Student Counseling
Mon.
10/25 Services Presentation  Work on Research Log (Due
(tentative) 11/2)

Memo 2  DUE by 4:00 p.m.: Memo of
26 Relevant Facts
Post-Interview Brainstorming – What  Sloan: p. 322
Tue. Issues are unresolved?  Work on Research Log for
10/26 Memo 2 (Due 11/2)
Determining the Relevant Facts

 Work on Research Log for
Memo 2 (Due 11/2)
NO CLASS
Thur.
10/28
WEEK 12 BEGINS HERE WEEK 12 BEGINS WEEK 12 BEGINS HERE
HERE
The Organization of the Rule For
27 Memo 2
Mon.
11/1
Developing the Rule, Rule
28 Explanation, and Umbrella

Tues.
11/2
29 Organization
Development of Analysis
Thurs.
11/4

14
WEEK 13 BEGINS HERE WEEK 13 BEGINS WEEK 13 BEGINS HERE
HERE

Class Topic Text or Handout Reading Web Reading Assignments

 Work on Annotated Outline
NO CLASS
Mon. 11/8 (Due 11/9)

Memo 2  DUE: Annotated Outline for
30  HLW: pp. 61-64, 69 Memo 2 – Due via email by
Revising & Editing 9:00 a.m.
Tue. 11/9
Citations – string cites and
parentheticals

 Work on Memo 2 – You must
NO CLASS
Thur. bring a complete draft to your
11/11 conference

15
31 MANDATORY
11/15- CONFERENCES
11/19 (in lieu of regular classes)
YOU MUST BRING A COMPLETE
DRAFT OF THE MEMO TO YOUR
CONFERENCE

Class Topic Text or Handout Reading Web Reading Assignments

16
 DUE: Memo 2 DUE AT 11:59
Mon. NO CLASS p.m.– ANONYMOUSLY
11/22

Negotiating  Model Rules of Professional
32 Responsibility R. 4.1 & 1.2(a)
Tue. Theory, techniques, & skills & 3.1
11/23
Ethics
 RRTFB 4-4.1; 4-1.2(a), 4-2.1,
LAST DAY OF CLASS 4-3.1 & comments.