Legal Memo #1 Paralegalism
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Mr. McCarthy wants to advertise McCarthy & Nettles' legal services through billboards and web pages linked to legal product companies. The legal memorandum discusses the permissible and impermissible forms of legal advertising under the New Jersey Rules of Professional Conduct. It notes that advertisements cannot make false or misleading statements about a lawyer's services. Specifically, terms like "Best Lawyer" are inherently comparative and misleading to consumers. The rules also allow lawyers to advertise through various media as long as the ads are predominantly informational and do not use attention-getting techniques lacking relevance to selecting an attorney.
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OFFICE MEMORANDUM OF LAW
The memorandum analyzes whether a conversation between a husband and wife in the presence of their children is considered a privileged spousal communication. It concludes that under Illinois law, as established in People v. Sanders, such a communication is not privileged if the children are old enough to understand the conversation. Here, the children were ages 16 and 10 and therefore old enough, so the conversation would be admissible in the husband's criminal assault trial. The memorandum recommends further investigating whether the children actually heard and understood the conversation at issue.
Legal Memorandum Khan vs. Randall
Defendant Ronnie Randall struck Plaintiff Janice Kahn's son Billy with his car while intoxicated with a blood alcohol level over the legal limit. Plaintiff claims Defendant intentionally hit Billy for revenge due to their recent breakup. Witnesses reported Defendant was upset and said he would get even with Plaintiff. The memorandum analyzes whether Plaintiff has a valid claim for intentional infliction of emotional distress and whether her son Billy has a valid battery claim against Defendant.
MEMO OF LAW EXAMPLE
1. Mr. Gray, a 22-year employee of the District Attorney's Office, was fired for selling Girl Scout cookies to colleagues from the trunk of his car in the employee parking lot.
2. The memorandum discusses three statutes: one that classifies the sale or distribution of high-sugar foods like cookies as a felony; one that classifies possession of such foods as a misdemeanor; and one regarding limitations on personal liberty.
3. The memorandum concludes that Mr. Gray likely violated the first two statutes and that the government has a compelling interest in the health of its employees, so Mr. Gray would not succeed in a wrongful termination suit.
Alistair Jones Interoffice Memorandum Assignment
- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
Case Study on Dhanwanti Joshi v. Madhav Unde
Young people are increasingly marrying foreign nationals as careers take them abroad. This results in multinational families, but can lead to conflict of laws issues during divorce proceedings. For example, one parent may take a child to another country. Parties then file lawsuits in different jurisdictions with varying rules.
The document discusses a specific Indian Supreme Court case where an Indian woman married an Indian man in the US. They had a child but later separated, with the husband filing for divorce and custody in the US. The Supreme Court ruled that despite the foreign custody order, the best interests of the child were to remain in India with his mother who had been his primary caregiver.
Writing Sample - Memorandum
This memorandum analyzes whether Simon Oakland's Sixth Amendment rights were violated in his criminal trial. It summarizes that Oakland's counsel, John Mitchum, was ineffective under the Strickland test for failing to challenge the legal basis of the charges against Oakland, making questionable decisions during jury selection and witness examination, and falling asleep during trial. It also argues that Oakland did not properly assert his right to self-representation under the Faretta test because the court did not warn him of the risks of proceeding without counsel and his statements seemed to stem from frustration, not a knowing and voluntary waiver of counsel.
Law of domicile
This document discusses the concept of domicile under private international law. It defines domicile as identifying a person with the legal system of the territory they consider their permanent home. A person's domicile of origin is determined by law at birth based on their parent's domicile. While residence is a physical fact, domicile requires an intention to reside permanently or indefinitely. The determination of an individual's domicile is legally significant as it establishes what personal laws govern matters like marriage and succession. Domicile can be of origin, acquired at birth, or of choice, acquired by residing in a territory with the intent to remain permanently. In India, there is only one domicile - domicile
Writing Sample Goldman Memo IIED Pleading
[Client's Name] wants to sue [Defendant's Name] for intentional infliction of emotional distress over incidents where he publicly ridiculed her weight. However, she cannot establish two key elements of an IIED claim. She did not seek medical diagnosis or treatment for her symptoms like headaches and anxiety, so she cannot prove the conduct caused severe distress or that her distress was worse than a reasonable person would experience. While [Defendant's Name's] behavior targeting her weight was intentional and outrageous, especially drawing a naked caricature, without medical evidence of impacts she cannot meet the legal standard for an IIED claim.
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OFFICE MEMORANDUM OF LAW
The memorandum analyzes whether a conversation between a husband and wife in the presence of their children is considered a privileged spousal communication. It concludes that under Illinois law, as established in People v. Sanders, such a communication is not privileged if the children are old enough to understand the conversation. Here, the children were ages 16 and 10 and therefore old enough, so the conversation would be admissible in the husband's criminal assault trial. The memorandum recommends further investigating whether the children actually heard and understood the conversation at issue.
Legal Memorandum Khan vs. Randall
Defendant Ronnie Randall struck Plaintiff Janice Kahn's son Billy with his car while intoxicated with a blood alcohol level over the legal limit. Plaintiff claims Defendant intentionally hit Billy for revenge due to their recent breakup. Witnesses reported Defendant was upset and said he would get even with Plaintiff. The memorandum analyzes whether Plaintiff has a valid claim for intentional infliction of emotional distress and whether her son Billy has a valid battery claim against Defendant.
MEMO OF LAW EXAMPLE
1. Mr. Gray, a 22-year employee of the District Attorney's Office, was fired for selling Girl Scout cookies to colleagues from the trunk of his car in the employee parking lot.
2. The memorandum discusses three statutes: one that classifies the sale or distribution of high-sugar foods like cookies as a felony; one that classifies possession of such foods as a misdemeanor; and one regarding limitations on personal liberty.
3. The memorandum concludes that Mr. Gray likely violated the first two statutes and that the government has a compelling interest in the health of its employees, so Mr. Gray would not succeed in a wrongful termination suit.
Alistair Jones Interoffice Memorandum Assignment
- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
Case Study on Dhanwanti Joshi v. Madhav Unde
Young people are increasingly marrying foreign nationals as careers take them abroad. This results in multinational families, but can lead to conflict of laws issues during divorce proceedings. For example, one parent may take a child to another country. Parties then file lawsuits in different jurisdictions with varying rules.
The document discusses a specific Indian Supreme Court case where an Indian woman married an Indian man in the US. They had a child but later separated, with the husband filing for divorce and custody in the US. The Supreme Court ruled that despite the foreign custody order, the best interests of the child were to remain in India with his mother who had been his primary caregiver.
Writing Sample - Memorandum
This memorandum analyzes whether Simon Oakland's Sixth Amendment rights were violated in his criminal trial. It summarizes that Oakland's counsel, John Mitchum, was ineffective under the Strickland test for failing to challenge the legal basis of the charges against Oakland, making questionable decisions during jury selection and witness examination, and falling asleep during trial. It also argues that Oakland did not properly assert his right to self-representation under the Faretta test because the court did not warn him of the risks of proceeding without counsel and his statements seemed to stem from frustration, not a knowing and voluntary waiver of counsel.
Law of domicile
This document discusses the concept of domicile under private international law. It defines domicile as identifying a person with the legal system of the territory they consider their permanent home. A person's domicile of origin is determined by law at birth based on their parent's domicile. While residence is a physical fact, domicile requires an intention to reside permanently or indefinitely. The determination of an individual's domicile is legally significant as it establishes what personal laws govern matters like marriage and succession. Domicile can be of origin, acquired at birth, or of choice, acquired by residing in a territory with the intent to remain permanently. In India, there is only one domicile - domicile
Writing Sample Goldman Memo IIED Pleading
[Client's Name] wants to sue [Defendant's Name] for intentional infliction of emotional distress over incidents where he publicly ridiculed her weight. However, she cannot establish two key elements of an IIED claim. She did not seek medical diagnosis or treatment for her symptoms like headaches and anxiety, so she cannot prove the conduct caused severe distress or that her distress was worse than a reasonable person would experience. While [Defendant's Name's] behavior targeting her weight was intentional and outrageous, especially drawing a naked caricature, without medical evidence of impacts she cannot meet the legal standard for an IIED claim.
3 Certainties of Trust
The document discusses the three certainties required to create a valid private express trust: (1) intention, (2) subject matter, and (3) object. It provides details on each certainty, including examples from case law. For certainty of intention, the words used must show the settlor's clear intention to create a trust. For certainty of subject matter, the trust property must be clearly defined or ascertainable. For certainty of object, the beneficiaries must be human and ascertainable as individuals or as members of a defined class.
TORT II [vicarious liability notes]
This document summarizes key aspects of vicarious liability under Malaysian law. It defines vicarious liability as holding one person liable for the torts of another, even without fault. The most common scenario is employers being liable for employee torts committed during work. It discusses tests to determine employment relationships, including control over work and business integration. It analyzes several cases that apply these tests and define elements of vicarious liability, such as the relationship between employer and employee and torts occurring during work conduct. The document provides an overview of the concept and application of vicarious liability in Malaysia.
Sample interoffice memorandum
This memorandum analyzes whether Wisconsin's recreational use statute would protect a property owner from liability for injuries suffered by a moped rider who was using the property as a shortcut. The statute grants immunity to property owners for injuries resulting from recreational use of their land. Here, the injured rider claims he was commuting, not recreating, but case law indicates the focus is on the inherent nature of the activity rather than subjective intent. If using the biking trails could be deemed recreational, even if not the rider's purpose, the statute may apply to bar the lawsuit against the property owner and his insurance company. The outcome will depend on how the court classifies the moped riding - as recreational use of the land, or merely as
Legal Research Memo
1) Girardi & Stanton has a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees of $8,250 are paid. However, this retaining lien is passive and cannot be enforced through legal proceedings.
2) While Girardi & Stanton is entitled to the retaining lien, they must turn over copies of the files to Mr. Gibson and his new counsel to avoid prejudicing Mr. Gibson's legal matter against Cerone Wholesale Sporting Goods, as time is of the essence in that case.
3) Girardi & Stanton's assertion of the retaining lien to refuse to provide any files in this case would violate the rules of professional conduct
Objective memo
Lawyering Skills I at Liberty University School of Law afforded the opportunity to simulate a Legal Memorandum. This memo received an A!
Maxims of equity (Topic 3)
this note is reference for student of Equity and Trust (LAW 3710) in International Islamic University, Malaysia. It's prepared by Dr. Zuraidah Ali
motion in limine
Detective Merchant repeatedly expressed his personal opinions about the defendant's guilt and speculated about facts during his interrogation of the defendant. The defendant, who was emotional and crying throughout the interrogation, now seeks to prohibit her statement from being presented at trial because the detective's improper opinion testimony would unfairly prejudice the jury against her. Allowing a law enforcement officer to offer opinions about a defendant's credibility or guilt invades the jury's role and carries more weight with jurors. The improper portions of the interrogation cannot be properly redacted without misleading the jury.
Legal Memorandum Slip and Fall 1
Yankee Doodle Corporation is being sued by Julie Fisher for injuries sustained in a slip and fall accident on the stairs of their restaurant. The legal memorandum analyzes whether Yankee Doodle had a duty of care to customers like Fisher, and if they breached that duty. The summary concludes that Yankee Doodle did have a duty of care as Fisher was an invitee. Yankee Doodle breached this duty through violations of building code standards for handrails, failure to address spillage or install non-skid strips on steep stairs, and lack of procedures to keep the area clean. These factors created an unreasonably dangerous condition.
Writing the memo
The document provides guidance on writing an effective office memorandum. It explains that memoranda are used to analyze facts of a client's case under relevant law in order to inform attorneys without persuading. It then outlines the typical parts of a memorandum, including the heading, issues presented, brief answer, facts, and discussion. The discussion section should use tests from cases as an outline, with paragraphs structured around the test and supported by facts and legal authorities. Contrary authorities should also be addressed. The goal is clear, logical analysis of the issues.
TORT REMEDIES
Mr. John was in a car accident caused by Zack speeding and was seriously injured. He was bedridden for 6 months and his wife quit her job to care for him. He now has a paralyzed leg and cannot work. Zack claims Mr. John's injuries would have been reduced if he wore a seatbelt. Mr. John wants compensation from Zack. Zack argues Mr. John was also negligent. Mr. John can claim compensation under tort law. His wife can also claim lost wages for quitting work. However, Zack has a valid defense of contributory negligence if Mr. John was partly at fault for not wearing a seatbelt.
Thomas Philip Corporate Profile (May 2021)
Thomas Philip has grown to become the largest dispute resolution only firm in Malaysia, focused solely on civil and commercial litigation, arbitration and mediation.
Principle of Interpretation
This document discusses principles of statutory interpretation in UK law, including the literal rule, golden rule, mischief rule, and harmonious construction. It provides definitions and examples of each rule.
The literal rule requires judges to rely solely on the exact wording of the statute without interpreting meaning. The golden rule allows modifying the literal meaning to avoid absurd outcomes. The mischief rule examines the common law and intent of the statute to rectify problems. Harmonious construction seeks an interpretation that avoids conflicts between statutes.
While the literal rule promotes certainty, it can lead to injustice. The golden rule and mischief rule give judges more discretion but risk imposing their own views. Overall, the rules aim to balance upholding the legislature
trial brief_reckless_052415
1) Mark Reckless is being sued for negligence by Marla Helpless stemming from a rear-end collision. Reckless argues he is not liable as he was adhering to the speed limit and maintaining a safe following distance when Helpless abruptly stopped.
2) Reckless contends that noneconomic damages should be apportioned among all potentially liable parties, including the unidentified drivers that contributed to the hazardous road conditions, according to proportion of fault, in line with California civil code.
3) Reckless asserts that Helpless did not take reasonable steps to mitigate damages by over-treating minor injuries for three years, and requests the court reduce damages accordingly.
INTEROFFICE MEMORANDUM OF LAW
This memorandum addresses potential outcomes in a custody and contempt case between Mary Lowe and John Lowe. It discusses 6 key issues: 1) whether Mary is in contempt for moving to Denver without permission and interfering with John's relationship with their children; 2) whether custody should be modified to grant John primary custody due to Mary cohabiting with her boyfriend and endangering the children; 3) whether John is in contempt for alleged child support arrears and comments made to the children; 4) whether equitable defenses protect John from contempt allegations; 5) whether prior child support payments made by John can satisfy alleged arrears; and 6) whether John was in contempt for comments made to Mary upon learning of her move. The analysis examines
Remoteness of damage
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron...
This motion for summary judgment argues that the plaintiff, Treassa Wren, is not a consumer under the Texas Deceptive Trade Practices Act (DTPA) and therefore does not have standing to bring DTPA claims. It asserts that Wren's employer, Aldine Independent School District, purchased the school bus and driver's seat that injured Wren to further its business of transporting students, not primarily for Wren's benefit. Therefore, Wren did not acquire or have ownership of the bus and seat, and any benefit to her was incidental. As a result, the motion argues Wren is not a consumer under the DTPA as a matter of law and the DTPA claims should be dismissed.
Adv. Legal R & W- memo
The Andersons are suing the Cookes for the death of their two-year-old son Joseph who drowned in the Cookes' backyard swimming pool. Mr. Cooke had left the gate latch to the pool unsecured. Joseph had wandered into the pool and drowned. A fifteen-year-old boy, Phil, also drowned while trying to save Joseph. The Andersons argue the attractive nuisance doctrine applies while the Cookes argue Phil assumed the risk of swimming. Under Georgia law, the Andersons can likely hold the Cookes liable for Joseph's death due to the attractive nuisance doctrine. However, the Cookes are likely not liable for Phil's death since, as a fifteen-year-old, he was capable
Doctrine of Estoppel
Learning Outcome:
Students will learn about the Doctrine of Estoppel as applied in UK and Bangladesh
Alistair Jones Motion for Summary Judgment
Fred Northrop filed a motion for summary judgment against Acme Insurance in a lawsuit alleging sexual discrimination by Northrop's supervisor Helen Redmond. Northrop claims that Redmond offered him a promotion in exchange for sexual favors, and then denied him the promotion and spread false rumors about him after he refused. Northrop argues that as Redmond's actions were in her official capacity as his supervisor for Acme, Acme is liable for sexual discrimination. Northrop is seeking damages, back pay, reinstatement to the denied position, and attorney's fees if found to have experienced discrimination as a motivating factor in being denied the promotion.
Answer counterclaim and 3rd party complaint
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
Friends and Tweets and Profiles, Oh My
Legal ethics and Social Media.
Presented at the Lawyer-Pilots Bar Association Winter Meeting, 2003
Villas of Grand Cyprus, Orlando, Florida
Legal Online Services
This document discusses regulation and competition in the US legal services industry. It notes that each US state separately licenses attorneys. Historically this was to ensure attorneys know the specific state's laws. The document examines various state regulations on attorney advertising, such as restrictions on quality claims, comparative ads, testimonials, and past successes. It argues that overly broad restrictions can inhibit competition and consumer choice, and that truthful, non-deceptive ads help consumers make informed decisions. The document concludes that advertising benefits consumers by helping them locate appropriate legal help and lowering prices.
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3 Certainties of Trust
The document discusses the three certainties required to create a valid private express trust: (1) intention, (2) subject matter, and (3) object. It provides details on each certainty, including examples from case law. For certainty of intention, the words used must show the settlor's clear intention to create a trust. For certainty of subject matter, the trust property must be clearly defined or ascertainable. For certainty of object, the beneficiaries must be human and ascertainable as individuals or as members of a defined class.
TORT II [vicarious liability notes]
This document summarizes key aspects of vicarious liability under Malaysian law. It defines vicarious liability as holding one person liable for the torts of another, even without fault. The most common scenario is employers being liable for employee torts committed during work. It discusses tests to determine employment relationships, including control over work and business integration. It analyzes several cases that apply these tests and define elements of vicarious liability, such as the relationship between employer and employee and torts occurring during work conduct. The document provides an overview of the concept and application of vicarious liability in Malaysia.
Sample interoffice memorandum
This memorandum analyzes whether Wisconsin's recreational use statute would protect a property owner from liability for injuries suffered by a moped rider who was using the property as a shortcut. The statute grants immunity to property owners for injuries resulting from recreational use of their land. Here, the injured rider claims he was commuting, not recreating, but case law indicates the focus is on the inherent nature of the activity rather than subjective intent. If using the biking trails could be deemed recreational, even if not the rider's purpose, the statute may apply to bar the lawsuit against the property owner and his insurance company. The outcome will depend on how the court classifies the moped riding - as recreational use of the land, or merely as
Legal Research Memo
1) Girardi & Stanton has a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees of $8,250 are paid. However, this retaining lien is passive and cannot be enforced through legal proceedings.
2) While Girardi & Stanton is entitled to the retaining lien, they must turn over copies of the files to Mr. Gibson and his new counsel to avoid prejudicing Mr. Gibson's legal matter against Cerone Wholesale Sporting Goods, as time is of the essence in that case.
3) Girardi & Stanton's assertion of the retaining lien to refuse to provide any files in this case would violate the rules of professional conduct
Objective memo
Lawyering Skills I at Liberty University School of Law afforded the opportunity to simulate a Legal Memorandum. This memo received an A!
Maxims of equity (Topic 3)
this note is reference for student of Equity and Trust (LAW 3710) in International Islamic University, Malaysia. It's prepared by Dr. Zuraidah Ali
motion in limine
Detective Merchant repeatedly expressed his personal opinions about the defendant's guilt and speculated about facts during his interrogation of the defendant. The defendant, who was emotional and crying throughout the interrogation, now seeks to prohibit her statement from being presented at trial because the detective's improper opinion testimony would unfairly prejudice the jury against her. Allowing a law enforcement officer to offer opinions about a defendant's credibility or guilt invades the jury's role and carries more weight with jurors. The improper portions of the interrogation cannot be properly redacted without misleading the jury.
Legal Memorandum Slip and Fall 1
Yankee Doodle Corporation is being sued by Julie Fisher for injuries sustained in a slip and fall accident on the stairs of their restaurant. The legal memorandum analyzes whether Yankee Doodle had a duty of care to customers like Fisher, and if they breached that duty. The summary concludes that Yankee Doodle did have a duty of care as Fisher was an invitee. Yankee Doodle breached this duty through violations of building code standards for handrails, failure to address spillage or install non-skid strips on steep stairs, and lack of procedures to keep the area clean. These factors created an unreasonably dangerous condition.
Writing the memo
The document provides guidance on writing an effective office memorandum. It explains that memoranda are used to analyze facts of a client's case under relevant law in order to inform attorneys without persuading. It then outlines the typical parts of a memorandum, including the heading, issues presented, brief answer, facts, and discussion. The discussion section should use tests from cases as an outline, with paragraphs structured around the test and supported by facts and legal authorities. Contrary authorities should also be addressed. The goal is clear, logical analysis of the issues.
TORT REMEDIES
Mr. John was in a car accident caused by Zack speeding and was seriously injured. He was bedridden for 6 months and his wife quit her job to care for him. He now has a paralyzed leg and cannot work. Zack claims Mr. John's injuries would have been reduced if he wore a seatbelt. Mr. John wants compensation from Zack. Zack argues Mr. John was also negligent. Mr. John can claim compensation under tort law. His wife can also claim lost wages for quitting work. However, Zack has a valid defense of contributory negligence if Mr. John was partly at fault for not wearing a seatbelt.
Thomas Philip Corporate Profile (May 2021)
Thomas Philip has grown to become the largest dispute resolution only firm in Malaysia, focused solely on civil and commercial litigation, arbitration and mediation.
Principle of Interpretation
This document discusses principles of statutory interpretation in UK law, including the literal rule, golden rule, mischief rule, and harmonious construction. It provides definitions and examples of each rule.
The literal rule requires judges to rely solely on the exact wording of the statute without interpreting meaning. The golden rule allows modifying the literal meaning to avoid absurd outcomes. The mischief rule examines the common law and intent of the statute to rectify problems. Harmonious construction seeks an interpretation that avoids conflicts between statutes.
While the literal rule promotes certainty, it can lead to injustice. The golden rule and mischief rule give judges more discretion but risk imposing their own views. Overall, the rules aim to balance upholding the legislature
trial brief_reckless_052415
1) Mark Reckless is being sued for negligence by Marla Helpless stemming from a rear-end collision. Reckless argues he is not liable as he was adhering to the speed limit and maintaining a safe following distance when Helpless abruptly stopped.
2) Reckless contends that noneconomic damages should be apportioned among all potentially liable parties, including the unidentified drivers that contributed to the hazardous road conditions, according to proportion of fault, in line with California civil code.
3) Reckless asserts that Helpless did not take reasonable steps to mitigate damages by over-treating minor injuries for three years, and requests the court reduce damages accordingly.
INTEROFFICE MEMORANDUM OF LAW
This memorandum addresses potential outcomes in a custody and contempt case between Mary Lowe and John Lowe. It discusses 6 key issues: 1) whether Mary is in contempt for moving to Denver without permission and interfering with John's relationship with their children; 2) whether custody should be modified to grant John primary custody due to Mary cohabiting with her boyfriend and endangering the children; 3) whether John is in contempt for alleged child support arrears and comments made to the children; 4) whether equitable defenses protect John from contempt allegations; 5) whether prior child support payments made by John can satisfy alleged arrears; and 6) whether John was in contempt for comments made to Mary upon learning of her move. The analysis examines
Remoteness of damage
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron...
This motion for summary judgment argues that the plaintiff, Treassa Wren, is not a consumer under the Texas Deceptive Trade Practices Act (DTPA) and therefore does not have standing to bring DTPA claims. It asserts that Wren's employer, Aldine Independent School District, purchased the school bus and driver's seat that injured Wren to further its business of transporting students, not primarily for Wren's benefit. Therefore, Wren did not acquire or have ownership of the bus and seat, and any benefit to her was incidental. As a result, the motion argues Wren is not a consumer under the DTPA as a matter of law and the DTPA claims should be dismissed.
Adv. Legal R & W- memo
The Andersons are suing the Cookes for the death of their two-year-old son Joseph who drowned in the Cookes' backyard swimming pool. Mr. Cooke had left the gate latch to the pool unsecured. Joseph had wandered into the pool and drowned. A fifteen-year-old boy, Phil, also drowned while trying to save Joseph. The Andersons argue the attractive nuisance doctrine applies while the Cookes argue Phil assumed the risk of swimming. Under Georgia law, the Andersons can likely hold the Cookes liable for Joseph's death due to the attractive nuisance doctrine. However, the Cookes are likely not liable for Phil's death since, as a fifteen-year-old, he was capable
Doctrine of Estoppel
Learning Outcome:
Students will learn about the Doctrine of Estoppel as applied in UK and Bangladesh
Alistair Jones Motion for Summary Judgment
Fred Northrop filed a motion for summary judgment against Acme Insurance in a lawsuit alleging sexual discrimination by Northrop's supervisor Helen Redmond. Northrop claims that Redmond offered him a promotion in exchange for sexual favors, and then denied him the promotion and spread false rumors about him after he refused. Northrop argues that as Redmond's actions were in her official capacity as his supervisor for Acme, Acme is liable for sexual discrimination. Northrop is seeking damages, back pay, reinstatement to the denied position, and attorney's fees if found to have experienced discrimination as a motivating factor in being denied the promotion.
Answer counterclaim and 3rd party complaint
This document contains the Defendants' answer, counterclaim, and third party complaint in response to a lawsuit filed by NT Properties, LLC. The Defendants deny many of the allegations in NT Properties' complaint. They dispute the validity of the homeowners associations and covenants, conditions, and restrictions that NT Properties claims apply. The Defendants also allege several affirmative defenses, including that the complaint fails to state a valid claim, is barred by the statute of limitations, and that NT Properties caused its own damages or failed to mitigate damages.
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Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron...
Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron...
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Presented at the Lawyer-Pilots Bar Association Winter Meeting, 2003
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This document discusses regulation and competition in the US legal services industry. It notes that each US state separately licenses attorneys. Historically this was to ensure attorneys know the specific state's laws. The document examines various state regulations on attorney advertising, such as restrictions on quality claims, comparative ads, testimonials, and past successes. It argues that overly broad restrictions can inhibit competition and consumer choice, and that truthful, non-deceptive ads help consumers make informed decisions. The document concludes that advertising benefits consumers by helping them locate appropriate legal help and lowering prices.
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Presentation at American Law Insitute Annual Eminent Domain and Land Valuation Conference, January 2018
Getting Customers on the Lot Without Crossing the Line
Auto Dealer Advertising Workshop at the Carolinas Independent Automobile Dealers Association - August 2nd, 2013
2019 Trends in Legal Marketing, Including Ethics
Changes to the ABA Model Rules and Texas Disciplinary Rules for attorney advertising, as well as a discussion of marketing tips and trends for 2019.
Social Media and Professional Ethics
This webinar examines key ethical issues raised by social media, including the many ways attorneys can and have run afoul of bar association rules.
Ethics 1.0 in a Web 2.0 World
The document discusses guidelines for lawyers and law firms regarding advertising and online presence. It states that domain names may not be used as the name under which a lawyer or firm does business if it is false or misleading. Advertising cannot make false claims about qualifications or services. Lawyers are advised to avoid anything in social media that could be seen as solicitation and to focus on being relevant to potential clients rather than self-promotion.
She.com - Branding and Advertising For Female Lawyers
Three females in the legal industry discuss ethics rules, advertising, marketing, and branding for female lawyers.
Digital Marketing Report, Vol 1. Number 9
This is the January 2016 issue of the Digital Marketing Report, published by the Joss Group (www.thejossgroup.com). The subscription cost is $399 US for 12 issues (one a month). The newsletter is for senior digital marketing professionals and the creative professionals who work with them.
Request to Rescind MSBA Ethics Op. 1992-19
Carolyn Elefant, an attorney who owns a boutique energy law practice and freelance legal marketplace, writes to request that the Maryland State Bar Association rescind its 1992 ethics opinion prohibiting lawyers from marking up the costs of freelance attorneys. The opinion is outdated as the legal profession has embraced freelance arrangements and the gig economy. Allowing markups benefits clients through lower overall rates, solo and small firm lawyers by incentivizing the use of lower-cost freelancers, and freelance attorneys by providing them work opportunities. Most other ethics authorities, including the ABA, permit reasonable markups. Rescinding the opinion would bring Maryland in line with the modern legal industry while supporting cost-effective and flexible legal services.
Legal Ethics in the Digital Age
Michael Kaiser presented at a CLE seminar on ethics and legal research on the web. The presentation covered ABA opinions on lawyer websites, technology, confidentiality, and client development. Kaiser is the president of Kaiser Legal Group and Seattle Legal Research. He discussed ABA Model Rule 1.1 on competence and keeping knowledge and skills up to date. The presentation also covered topics like disclaimers on websites, defining attorney-client relationships, and proposed changes to Model Rules regarding prospective clients and advertising.
How To Keep Clients (And Not Lose Clients)
This document summarizes the ethics of using social media for lawyers. It defines different types of social media like personal communication, broadcast media, and professional communication. It then discusses the Colorado Rules of Professional Conduct regarding advertising online, direct contact with clients, communication of areas of practice, and firm names. It provides examples of cases where lawyers were disciplined for their social media use and discusses general rules around confidentiality, impartiality, unauthorized practice of law and respecting the rights of third parties. The document concludes with recommendations to be honest, use disclaimers if uncertain, and follow the same communication rules online as offline.
License Check - Check the License of Professionals Before You Hire Them
The document discusses the dangers of using unlicensed contractors and professionals. It provides examples of personal and financial harm that have resulted from using unlicensed contractors for home improvement projects and medical procedures. The document emphasizes that licensing requirements exist to ensure professionals have the proper training and qualifications. It advises verifying the license of any contractor before hiring them to protect yourself from negligence, injury, or fraud.
Similar to Legal Memo #1 Paralegalism (20)
Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media...
Avoiding Technical Fouls:Selected Ethical Issues in Advertising, Social Media...
Ethics of Negotiation: Managing Conflicting Obligations
Ethics of Negotiation: Managing Conflicting Obligations
Ethics? Lawyers in the On-Line World: Biographies, Social Media & On-Line Rev...
Ethics? Lawyers in the On-Line World: Biographies, Social Media & On-Line Rev...
Getting Customers on the Lot Without Crossing the Line
Getting Customers on the Lot Without Crossing the Line
She.com - Branding and Advertising For Female Lawyers
She.com - Branding and Advertising For Female Lawyers
License Check - Check the License of Professionals Before You Hire Them
License Check - Check the License of Professionals Before You Hire Them
More from Nicole Williams
Legal Research Trial Brief Final Project
The brief argues that John Sham's motion to suppress physical evidence should be granted for two reasons. First, the detectives did not have probable cause to search Sham's vehicle as they did not observe any criminal activity during their 20-minute surveillance and approached Sham based on a "hunch." Second, Sham was not in physical possession of the narcotics found in Stan Macos' backpack in the trunk and mere proximity to the drugs is insufficient for a possession charge under New Jersey law. The brief cites relevant case law to support both arguments.
Legal Ethics project 3 case 1
1. Peter James Commarano, an attorney, was charged with violating New Jersey Rules of Professional Conduct (RPC) 8.4(b) and 8.4(c) for accepting $25,000 in illicit cash campaign contributions from a cooperating witness in exchange for his future official assistance and influence in Hoboken government matters pertaining to the witness's real estate development projects.
2. The RPCs Commarano was charged with violating prohibit a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer, and from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
3. The Disciplinary Review Board
Legal Ethics Project 2
The document discusses Archer & Greiner's international law group. The group handles a wide range of legal matters for companies operating globally, including advising Fortune 500 companies on business structures, transactions, regulations, taxation, intellectual property and more across multiple jurisdictions. The group is a multidisciplinary team with expertise to guide clients through complex international laws. Recent transactions handled by the group include forming investment funds in offshore jurisdictions and structuring international joint ventures.
Janice Khan Request Letter (B.C.P Final)
Nicole Williams, a paralegal at Robert Marcus and Associates, sent a letter to Miss Janice Kahn requesting that she contact their offices to schedule an appointment to discuss the next steps in her claim against Mr. Ronnie Randall. The letter provided contact information and office hours for Miss Kahn to call to set up the appointment and thanked her for her cooperation.
Case Brief Molitor v Chicago Title & Trust Co
1) Plaintiff Molitor sued Defendant Chicago Title & Trust Co. for breach of contract, claiming he was promised permanent employment but was discharged after 7 years.
2) The court held that a contract for permanent employment is valid if the intentions of both parties are clear and there is consideration.
3) Plaintiff accepted a new position with Defendant after being reassured multiple times by his manager that the job would be permanent, in exchange for Plaintiff moving his family from New York to Chicago and giving up his business connections there.
Smith v Prestige University Midterm
An oral contract for permanent employment was likely formed between plaintiff Smith and defendant Prestige University based on the consideration of Smith resigning from his secure tenured position and moving 200 miles for the new role. When accepting the position, defendant Clark stated he looked forward to Smith working at Prestige for the "rest of his life." However, the contract was probably terminable at will since disagreements arose between the parties in the 10 months Smith worked there, allowing defendant to fire Smith without breach of contract.
Personal Injury Complaint
William and Samantha Higgins are suing multiple defendants for injuries William sustained after slipping and falling on ice and snow outside Jones Pharmacy. According to the complaint, William fell and was injured on December 23, 2013 after exiting the pharmacy due to a buildup of ice and snow on the sidewalk that the defendants failed to clear. As a result of the fall, William suffered serious injuries, while Samantha claims loss of consortium. The plaintiffs are seeking damages, interest, attorney's fees, and costs from the defendants for their alleged negligence in creating a dangerous condition and failing to properly maintain the premises or warn of the hazard.
Legal Memo #2 Paralegalism
McCarthy's longtime client Arnold Munson and his son Donald have been sued jointly for an automobile accident involving Donald. McCarthy has been representing Donald and the pleadings have now been amended to include Arnold. McCarthy can represent both defendants if he obtains informed consent in writing from both. They must understand the risks of sharing confidential information and limiting certain defenses, as well as the lawyer's conflicting duties of loyalty. So long as both consent is obtained, joint representation would not violate the Rules of Professional Conduct for this lawsuit.
Deposition Summary
Janice Kahn lives in Northbrook, Illinois and has been a high school teacher for 15 years. She was previously married for 12 years and has an 11-year-old son named Billy. On August 29, 2008, Billy was struck by Ronnie Randall while playing in Janice's front yard. Janice claims that Randall intentionally hit Billy as an act of revenge against her for ending their 10-year relationship two weeks prior. Billy sustained head injuries and broken bones that prevent him from playing baseball. Janice has since exhibited symptoms of shock and illness from the accident.
Legal Research Memo
1) Girardi & Stanton have a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees are paid. However, this lien is passive and does not allow them to withhold the files indefinitely.
2) While Girardi & Stanton are entitled to the outstanding $8,250 fee, they must turn over copies of the files to Mr. Gibson and the new law firm so the case is not prejudiced. Retaining liens should only be asserted as a last resort to avoid harming the client.
3) Mr. Gibson and the new law firm are entitled to receive the files, as withholding them would delay the case against Cerone Sporting
Legal Research Trial Brief Final Project
The brief argues that John Sham's motion to suppress physical evidence should be granted for two reasons. First, the detectives did not have probable cause to search Sham's vehicle as they did not observe any criminal activity during their 20-minute surveillance and approached Sham based on a "hunch." Second, Sham was not in physical possession of the narcotics found in Stan Macos' backpack in the trunk and mere proximity to the drugs is insufficient for a possession charge under New Jersey law. The brief cites relevant case law to support both arguments.
More from Nicole Williams (11)
Legal Memo #1 Paralegalism
- 1. MEMORANDUM TO: STEPHAN MCCARTHY FROM: NICOLEWILLIAMS SUBJECT: LEGAL MEMORANDUM DATE: OCTOBER 9, 2015 Facts: Mr. McCarthy is interested in contacting Gannet Billboard and Advertising services to market the services of McCarthy & Nettles. He has particular billboards on Route 80 and Route 46. He is interested in advertising via the internet in the form of web pages and links with legal product companies. Legal Issue: Are there permissible forms of advertising and what limitations, will be imposed upon McCarthy & Nettles in the event that these types of advertising are allowed? Discussion: The Rules of Professional Conduct 7.1 pertains to: Communications Concerning a Lawyers Service states that: a lawyer shall not make false or misleading communications about the lawyer, the lawyer services, or any matter in which the lawyer has or seeks a professional involvement. The New Jersey Supreme Court Committee on Attorney Advertising issued Opinion 39 “Advertisements Touting Designations as “Super Lawyers” or “Best Lawyer in America.” This in fact a violation of R.P.C’s 7.1(a)(3) and 7.1(a)(2). Those terms are comparative in nature, or that likely to create an unjustified expectation of results. The Committee said in the opinion that the term “Best Lawyer” is purely based on peer reviews. The term is not focused upon encouraging lawyers to advertise in an advertising supplement and appears to market its “Best Lawyer” compendium primarily to other lawyers. The use of those superlative designations by lawyers is inherently comparative and thus, not within the approved ambit of New Jersey’s Rules of Professional Conduct. Those self-aggrandizing titles have the potential to lead an unwary consumer to believe that the lawyers so described are, by virtue of this manufactured title. It is misleading and false
- 2. 2 R.P.C 7.2 relates to advertising. The rule positions a lawyer may advertise services through media, such as telephone directory, legal directory, newspaper, or other periodical, radio or television, internet, or other electronic media, or through mailed written communications. All advertisements shall be predominately informational. No drawings, animations, dramatizations, music, or lyrics shall be used in connection with televised advertisement. No advertisement shall rely in any way on techniques to obtain attention that depend upon absurdity and that demonstrate a clear and intentional lack of relevance to the selection of counsel.