Professional Writing for Lawyers · Skills and Responsibilities · 2nd Edition by Johns, Margaret Z. -- Read -- Imperial Library of Trantor

Index

Acknowledgments Chapter 1 • Office Memorandum

Professional Responsibilities in Providing Legal Opinions Duty of competence Duty to the client as an advisor and an advocate Duty to the justice system as an officer of the court Legal Research Strategies Plan your research Take careful notes

Statutes Cases

Legal Research Synthesis Office Memorandum Purpose of an office memorandum Audience for an office memorandum Form and content of an office memorandum

Heading Question Presented Brief Answer Statement of facts Discussion Statutes Cases Conclusion

Outline Template for an Office Memorandum Sample Outline Sample Office Memorandum

Chapter 2 • Client Letter

Professional Responsibilities in Advising Clients Duty to keep the client informed Duty to explain the law in plain English Duty to discuss all relevant considerations Duty of candor Duty to preserve client confidences Purpose of a Client Letter Audience for a Client Letter Form and Content of a Client Letter Opening paragraph Review the facts Explain the law Present the options Provide copies of documents Request additional information Closing paragraph Tone and Style of a Client Letter Outline Template for a Client Letter Sample Client Letter

Chapter 3 • Rewritten Office Memorandum

Rewrite Your Memorandum Consider the reader’s comments Reconsider the content Revise the large-scale organization Review each paragraph Edit Your Memorandum Write short sentences Omit surplus words Use quotations sparingly Proofread Your Memorandum Rewriting Checklist for an Office Memorandum

Chapter 4 • Demand Letter

Professional Responsibilities in Writing a Demand Letter Obligation to communicate through counsel Constraints on threatening criminal process Obligation to be truthful Professional courtesy toward the opponent Purposes of a Demand Letter Audience for a Demand Letter Form and Content of a Demand Letter Opening paragraph Explain your client’s position Demand an appropriate response State the consequences of noncompliance Tone and Style of a Demand Letter Outline Template for a Demand Letter Sample Demand Letter

Chapter 5 • Complaint

Professional Responsibilities in Drafting a Complaint Drafting as an advocate and an officer of the court Professional etiquette in service of process Professional courtesy in allowing time to respond Purposes of a Complaint Audience for a Complaint Form and Content of a Complaint Caption Statement of jurisdiction Statement of the claim Demand for judgment Attorney’s signature Jury demand Local rules requirements Pleading Strategies Plead all appropriate theories and remedies Follow the guidance of the appellate courts Use form books cautiously Disclose facts strategically Allege uncertain facts on information and belief Make your complaint interesting Filing the Complaint Outline Template for a Federal Civil Complaint Sample Complaint, Summons, and Civil Cover Sheet

Chapter 6 • Memorandum Evaluating Responsive Pleadings

Professional Responsibilities in Filing Responsive Pleadings Integrating Procedural Issues into an Office Memorandum Question Presented Brief Answer Statement of Facts Discussion Conclusion

Chapter 7 • Motion to Dismiss

Professional Responsibilities in Motion Practice Audience for a Motion to Dismiss Form and Content of a Motion to Dismiss Notice of hearing Motion to dismiss Points and authorities

Introduction Statement of facts Argument Point Headings Narrative argument Conclusion

Proof of service Outline Template for a Motion to Dismiss Sample Notice of Motion and Motion Sample Points and Authorities Sample Proof of Service

Chapter 8 • Rewritten Office Memorandum

Rewrite Your Memorandum Reconsider the content Revise the large-scale organization Review each paragraph Edit Your Memorandum Use base verbs Prefer the active voice Learn conventional legal usage

Use appropriate procedural language Use appropriate verbs Use appropriate tenses Check for pronoun agreement

Proofread Your Memorandum Rewriting Checklist for an Office Memorandum

Chapter 9 • Rewritten Motion to Dismiss

Rewrite Your Motion to Dismiss Reconsider the content Revise the large-scale organization Review each paragraph Edit Your Motion to Dismiss Arrange your words with care Choose your words with care Be persuasive

Be respectful Be subtle Be positive Avoid clichés Arrange your words for emphasis Use concrete words to emphasize and abstract words to minimize Use parallelism

Proofread Your Motion to Dismiss Rewriting Checklist for a Motion

Chapter 10 • Oral Argument

Professional Responsibilities in Oral Argument Purpose of Oral Argument Mechanics of Oral Argument Preparation for Oral Argument Outline the argument

Introduction Statement of facts Points of argument Conclusion

Rehearse the argument Techniques of Oral Advocacy Be prepared Adopt the appropriate demeanor and attitude Be yourself Stand up, look up, and speak up Watch your body language Welcome questions from the bench Conclude quickly A Word About Nerves Outline Template for an Oral Argument

Chapter 11 • Appellate Brief

Professional Responsibilities Arising on Appeal Purpose of an Appellate Brief Audience for an Appellate Brief Form and Content of an Appellate Brief Table of contents Table of authorities Subject matter and appellate jurisdiction Issue statement Statement of the case

Nature of the case, course of proceedings, and disposition below Statement of facts

Summary of argument Argument

Point headings Narrative argument Organization Application of law to facts

Conclusion Local rules requirements

Formal requirements Content requirements

Outline Template for an Appellate Brief Sample Appellate Brief

Chapter 12 • Rewritten Appellate Brief

Rewrite Your Brief Reconsider the content Revise the large-scale organization Review each paragraph Edit Your Brief Avoid language quirks Punctuate carefully Be persuasive

Criticize judges diplomatically Qualify only when necessary Use figures of speech cautiously

Proofread Your Brief Rewriting Checklist for an Appellate Brief

Index