October 20th Notes

Fundamentals of Legal Practice
October 20, 2009

Homework #2
due Nov 3rd

Review on Homework #1
-Double space work
-Cite case properly with date
-Issues need to be about the law, needs to be broader than the case
-Watch spelling
-Always write brief in past tense
-Be careful with words, the best word for the situation
-The conclusion is the judge's dicta (why the court ruled as it did)
-Need to use legal terminology
-No points off for style

Writing Skills    Page 159
-Preparing an outline is important
---Plan what you are going to say
---Takes less time to write when you plan

Why you Outline
1. Arguments are put in the proper order
    ---Lead with your best argument first
        1. No one reads past page 2
        2. Weak arguments make a poor impression
2. Flow and pace
-    --Easier to read
3. Redundancy
    ---Wasting time on points already covered
4. You won't forget your points
    ---Write out your arguments for a case
5. Readability

-It's what you do with the Law that matters.

-Organizational Format
    --Just start with the issue and conclusions   
    --Your choice on organization

-Use of examples
    --"For example, ..."  shows you understand and can explain

-Efficient use of time
    For his tests:
        --Look at the amount of points and determine
        --Dates, Quotes, Adjectives, and Adverbs (are facts you need to use)
        --Look at the facts and details that are asked (apply)
        --"on the other hand"  argue both sides
   
-Avoid assumptions
    ---Always state the law, then write about the issues and facts

Tips to Help
Guessing your way through an objective test:
1. On true/false    Answer is usually true
2. Beware of absolutes - always, only, never (usually false)
3. Look for qualifiers - tend, sometimes, can, could, frequently, usually (true)
4. The more complete info is usually correct
5. None of these  - almost always wrong
6. All of these - tends to be more right, but watch out for 2 that are correct
7. When 2 answers mean the same thing eliminate them
8. Unfamiliar technical terminology
9. Guess with a system


Ethics
--The nature and justification of conduct
--Internal
---Multiple
---The Great Philosophers and modern philosophers

-No need to remember the ethical codes and cites

Page 164
1. Responsible for criminal violations
    -Can not commit criminal violates for your job, Can not shelter boss
2. Personally responsible for torts
    -Can not do it simply because boss said so
3. Code of ethics for paralegals NALA, NFPA
4. Guidelines and rules to use for lawyers, can read those too

The 4 Learned Professions
1. Spiritual Needs    - Ministry
2. Security Needs    - Military
3. Physical Needs    - Physicians
4. Societal Needs    - Law

Brief Overview of Ethics for Paralegals
-ethical duty to remain competent with continuing education
-can't call clients on other side
-bundling charges in the smallest increments (.1)

Impropriety- inappropriate conduct
Appearance of impropriety- it looks inappropriate
-can not do either

-important to do pro bono work for the community
-confidential information
-conflict of interests
-always include paralegal title
-do not engage in in unauthorized practice of the law

Morality
--Conforming one's conduct to social norms
--External
---Only one answer