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LRW lecture two
 

LRW lecture two

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Legal Letter Writing - Chapters 12 & 16

Legal Letter Writing - Chapters 12 & 16

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    LRW lecture two LRW lecture two Presentation Transcript

    • Basic Legal Writing – Chapters 12 & 16 Robert Mead Legal Research & Writing I
    • Tying Research and Writing Together
      • What is the goal of your research project?
      • Who is the audience?
      • What legal issues did your research uncover?
      • How will the audience benefit from the results of your research?
      • What is the most important point(s)?
      • What are the legal authorities that support each point?
      • Are your authorities cited correctly for the audience?
      • Is there a length restriction?
      • When is your project due?
      • Have you “scrubbed” it for grammar, spelling, and clarity errors?
    • Persuasive v. Predictive Legal Writing
      • Persuasive – Persuades the reader to adopt the author’s legal analysis (Brief, Memorandum in support of motion, letter to opposing counsel, etc.)
      • Predictive – Predicts the outcome of a legal problem, without advocating for either side (letter to client, office memorandum, etc.)
    • Thesis Paragraph
      • The Thesis Paragraph of a memorandum, brief, or persuasive letter does the following:
      • States the primary legal issue
      • Explains the legal rule governing the issue
      • States the author’s legal conclusion
      • e.g. pp. 285-286
    • Topic Sentences
      • Read Brief from Illinois v. Caballes, pp. 287-289
      • Now read the topics sentences from the Brief pp. 290-291
      • Can you get the gist of the argument from the topic sentences?
      • Topic Sentences Should Be a Road Map
    • Basic Writing Skills
      • Use Active Voice – p. 294 – Actor, Action, Object
      • Word Economy – Avoid Noise Words and Unnecessary Jargon – p. 295
      • Shorter Sentences are Better
      • Proofread out loud so that your ear hears errors
    • Predictive Writing
      • IRAC – Issue, Rule, Analysis, Conclusion
      • Issue – Legal problem presented by the facts
      • Rule – Legal solution to the problem substantiated by legal authorities (cases, statutes, and/or regulations with citations)
      • Analysis – Application of the legal rule to the client’s facts
      • Conclusion – Logical outcome of the analysis
      • CRAC Is Alternative Format to IRAC
    • Persuasive Legal Writing
      • Typically used in adversarial process – duty of candor and honesty to the court, but it is the other side’s job to present their own best case
      • A few laser beams work better than the shot-gun approach
      • Confront obvious holes in your case upfront
    • Legal Letters
      • Transmittal letter
      • Cover letter
      • Status letter to client
      • Opinion letter
      • Demand letter
      • Confirming letter
      • Appointment letter
      • Information letter
    • Business Letter Format
      • Name and address of sender /letterhead
      • Special mailing/delivery methods
      • Recipients names, title, address
      • Reference Line
      • Salutation
      • Body
      • Closing/Signature Bock
      • Closing notations
    • Fax and Email Issues
      • Confidentiality
      • Prudence
      • Professionalism
    • Assignment #1
      • P. 412 Question #1– Write an opinion letter to the Smiths. Example letter on p. 404. Don’t do any additional research, just use the information on p. 412.