LEGAL WRITING LABS | Text and eLectures
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Read This First!
Welcome to the Legal Writing Labs! These labs take you step-by-step through the creation of various legal documents. The document you are creating should be based upon the client you were assigned (or chose). Since you would normally be able to contact your client and ask questions about the case, you may expand or change the facts if it helps. Note that you do not have to provide answers or responses to any of the documents you are creating.
Use the Templates provided in the Legal Writing Lab.
The following documents are included in this lab:
DEMAND LETTER
THE DEMAND LETTER is a very simple document that serves a very important purpose. In many, if not most, jurisdictions it actually fulfills an important aspect of litigation: The exhaustion of remedies. It is important that a Plaintiff, through the attorney, be able to argue that he or she went through every possible alternative before initiating litigation. In other words, the Plaintiff wants to be able to say, "I offered to settle this out of court in a civilized manner, Your Honor, but they said no!"
This can actually play an important role in determining the awarding of attorney's fees in some cases. That is because if a jury comes back with an award larger than what the Plaintiff had been willing to settle for prior to trial, the court may order the losing side to pay for attorney's costs in addition to the award since the the same result could have been achieved without litigation.
THE AMOUNTS
Don't stress too much about the amounts. Just make your best guess here. In real life, your attorney would dictate the amounts and you would simply fill them in.
SUPPORTING DOCUMENTS
If there are documents that help establish the actual damages suffered, such as medical reports, accident reports, traffic tickets, or other relevant documents in your possession, you may want to include copies of them. However, do not feel as though you need to prove or win your case. Just provide enough to make the amount being requested appear to be legitimate. Again, your attorney will ultimately decide what to include. There is actually no requirement at this stage to provide anything!
SIGNATURE
The attorney, not the paralegal, should sign the Demand Letter.
eLectures...
Introduction
The Contents
Copy and Paste
CLIENT LETTER
THE CLIENT LETTER is a very important and frequently created document, but often not frequently enough.
Attorneys, and paralegals, sometimes forget that the client wants to know what is going on in the case. Even something as simple as a letter telling the client that a document has been sent (such as this one) or received or even anticipated can help the client feel more in touch, and even more in control.
A paralegal can help the attorney provide better communication with the client by suggesting client letters when anything tangible has been created or received by the firm related to the client's case. While the paralegal should NEVER send a client letter without a) the attorney's permission, and b) the attorney's review of the final document to be sent, the paralegal may be helpful in increasing the communication between the client and the law firm.
THE CONTENT
A great rule of thumb is "The less you say, the less you will have to take back later." Another great legal adage is, "Never put something in writing that you don't have to." Keep these in mind as you communicate with your client.
While you want to keep the client informed, be brief, state only facts, and never express opinions or impressions. Simply tell the client what steps have taken place or what event has transpired that is the reason for the letter.
THE SIGNATURE
An attorney may want to be the author of the letter to the client, but a paralegal may also author the letter. In fact, it is to the attorney's advantage to allow the paralegal to sign the document. That is because if the client has questions or wants to communicate information to the firm, by having previous formal communication with the paralegal the client will feel more confident and comfortable contacting that paralegal instead of always insisting on speaking or meeting with the attorney.
If a paralegal does sign the document, it must be made very clear that the paralegal is, in fact, a paralegal. Such as:
Sincerely,
Susan Cortez, Paralegal
eLectures...
Introduction
Writing the Letter
Copy and Paste
INTEROFFICE MEMORANDUM
THE CAPTION
OK. Here we go!
First, change the name of the supervising attorney. You can make up a name or just use your instructor's name.
Second, put your name in the line indicating who the memo is from.
Third, provide the date.
Finally, "Re" means "Regarding." Simply provide your client's name. For instance, "Re: Sally Smith"
THE ASSIGNMENT
Provide a brief description to refresh your attorney's memory of the assignment you were given. For example:
"ASSIGNMENT: Analyze cases provided by attorney to determine appropriate paralegal activities."
You can certainly use the above example, but try to modify it a bit so you aren't just copying. Rephrasing the same sentence is actually a good skill to develop. In legal writing there is a lot of repetition, and if you are able to rephrase or restructure common sentences, your writing will feel and appear fresher.
THE FACTS
The FACTS generally take up only a paragraph or two. They serve to remind the attorney of the matter being litigated or dealt with by the memorandum. An attorney may be working on 30 or 40 different cases at a time. So this thumbnail sketch of the matter can help.
In your memorandum assignment, you are representing the client you were initially assigned in the Essential Skills Manual. But for this memo, your attorney is not asking you to provide research about the legal matter in which your client is involved. Instead, your attorney has asked you to research a couple of questions related to what tasks you can perform for your client. Thus, the facts should reflect not only your client's legal situation, but the reason for the memorandum.
Start by simply paraphrasing your client assignment from the manual, trying to explain the matter in your own words. It should be no more than a paragraph. For instance:
"Our client, Joshua Bryce, fathered a child 4 years ago, however his name was never placed on the birth certificate. The mother has always allowed visitation and represented our client as the father. The mother is now getting married, and our client wants to have his name placed on the birth certificate."
(Of course, your facts will be different from the above!)
Now you want to explain that your attorney had you perform a task that he or she is now questioning as to ethics. Even though your client's case is about something totally different, you are writing this memo to determine certain administrative and ethical boundaries. Thus, you might end up with something like the following:
"Upon interviewing our client, I informed him that you would be glad to represent him, and I provided him with information related to fees. This was done at your instruction. You have since asked me to analyze the ethical considerations of this conduct, and to also review the provided authorities to determine whether I may in the future conduct a settlement conference in your place."
Again, try to rephrase the above statement. Read it once, then try to put it in your own words.
OK, go ahead and make the changes to the template above!
(By the way, you're doing great!!!)
THE ISSUES
The ISSUES are simple. They are provided by the attorney, or, in this case, have been provided in the legal memorandum assignment. Don't alter them. Don't rephrase them. Simply provide them in the template above as they were written.
THE ANALYSIS: IRAC
IRAC. Get used to those letters. They are the heart of legal analysis.
Introduction to the issue. Rule. Application. Conclusion.
For every authority that is cited, the author must go through those steps.
Introduction to the issue. Rule. Application. Conclusion.
Notice in the template above that the ISSUE is restated in the ANALYSIS, and underlined.
So, here's how it works. First, you must read the cases. As you read them, look for a quote that answers the issue being analyzed. The headnotes can be very helpful with this. If you find a headnote that answers the issue, just find the corresponding part of the case that the headnote was based upon. For example, if you want to find the legal logic for headnote 4, look within the opinion for a bracketed [4]. Then try to find a few sentences to quote. This quote will be the basis of the analysis. Even if you have found the quote you are going to use, it's important to read the whole case.
Now for the analytical process.
INTRODUCE THE ISSUE This is a brief sentence that tells the reader where you are going. It is often in the form of an introductory conclusion. (Examples are provided in the Essential Skills Manual, Volume 2, Section 3.12.) An example might be:
"Courts have dealt with ethical issues involving paralegals."
Try creating the Introduction to the Issue in the template above.
RULE Provide the facts of the rule, and quote the rule. By rule, it means law. If you are quoting a case, (which you are), give a few facts about the case, how the case got to that point, and then quote the case. For example:
In Smith v. Jones, a mother deliberately named the wrong man as father on a child's birth certificate. The father sued when the child was seven to correct the certificate.
The trial court ruled that it was too late to change the certificate. The plaintiff appealed. The Court of Appeals reversed the lower court. The court held, "It is a basic human right for not only the father, but the child as well, to be able to identify with clarity one's parentage and prodigy."
Now, provide for the Rule in the first issue in the template above, including the facts of the case and the quote.
APPLICATION This is the most critical step of the analytical process. It is tempting to simply quote the authority, then conclude. This results in weak analysis. The application tells the reader why and how the authority just cited applies to the current issue.
The process is fairly simple, but requires some thought. Compare the authority cited with your client's case. Or, if you think the authority does not apply, point out the differences. For example:
"The above authority applies because, in both that case and our client's case, the primary issue is the concept of ethical representation. In the above case, the court ruled that only an attorney may make judgments regarding legal positions in a client's matter. In our client's case, for a paralegal to make judgment calls in a settlement conference would call for legal judgment."
(The above is only an example. Provide your own analysis!)
CONCLUSION This is the result of the application, and simply answers the issue. For instance:
"Therefore, a paralegal may not conduct a settlement conference."
THAT'S IT!
Now, you must use the IRAC process for each and every authority cited. So if you analyze one case, going through the IRAC steps, and you have another case you want to analyze right after it, just start the process again for that next case. You don't restate the issue again. Just repeat the IRAC process. Whether you have a single case or 10 cases, go through the IRAC process for each and every one!
If you discipline yourself to the IRAC analytical process, it will make your job as a researcher easier, and it will make your work product stronger and more convincing!
Now, if you haven't done so already, create your analysis using the IRAC method for the first case you are citing.
Then use IRAC to analyze the second case for that same issue, if there is one. (Remember, you don't have to create a new analysis section or restate the same issue. Just start a new paragraph.)
When you have finished analyzing the first issue, restate the second issue, and go through the IRAC process for each case analyzed.
CONCLUSION
The final CONCLUSION provides answers to the issues. It may restate the conclusion at the end of the IRAC process in the analysis, or this final CONCLUSION may be even more brief.
You have two issues for this assignment, so you will have two conclusions, numbered 1 and 2 under the caption of CONCLUSION. For example:
CONCLUSION 1. It was perfectly ethical for you, the attorney, to instruct me to provide information regarding representation to our client. 2. If provided with the appropriate guidelines, a paralegal is allowed to conduct a settlement conference.
(NOTE: The above are only examples. They may or may not be accurate. You need to decide that for yourself after reading the provided authorities!)
Provide your conclusion in the template above.
RECOMMENDATION
The RECOMMENDATION is pretty easy. Simply suggest the next steps that should be taken. It is the one place where the paralegal can use the words "I" or "my." For instance:
"After reviewing the authorities provided, I do not feel it would be appropriate for a paralegal to conduct a settlement conference. However, the information I provided in the interview did not violate any ethical standards."
Again, use your own words and thoughts.
Now, create your Recommendation.
When you are finished, you will need to COPY AND PASTE the text from the above template into a new Microsoft Word document. (You won't be able to save it as is. You must COPY AND PASTE the text.)
eLectures...
Introduction
Caption
Assignment
The Facts
The Issues
The Analysis: IRAC
The Conclusion
The Recommendation
Copy and Paste
SUMMONS
THE CAPTION
(Note that a caption is often referred to as the "style" of the document. Thus, if an attorney tells you to change the "style," he or she is saying to change the caption.)
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE
Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES
You will chang the names of the Plaintiff and the Defendant. The names should be in all capital letters. A note about ROES AND DOES: These are ficticious names that attorneys sometimes use to protect their right to sue someone whose identity is not currently known. You are not required to use them, but if you want to try, all you have to do is provide the following for the Defendant:
JOHN SMITH, Defendant,
and
ROE DEFENDANTS 1 - 10 and DOE CORPORATIONS 1 - 10, Defendants.
DESIGNATION OF TITLE
The title of the document can be as simple as SUMMONS.
This should not be too hard. Go ahead and get started! Modify the caption in the Template.
CONTENTS
Very often, your attorney may have a prefabricated summons that the court prints out. However, it is just as permissible to use a form-based summons such as the one provided here. After all the purpose of the summons is to provide the defendant in a legal matter with "notice" as to the pending litigation, as required by the defendant's due process rights.
You will change very little of the substance of the summons. In fact, there is nothing specific to your client's legal matter except for the names of the parties in the caption and the attorney's subscription at the end. So just make those changes. You will also want to place the name of the Clerk of Court at the end of the summons. (If you do not know the clerk's name either make a name up or call a local trial court for the name of the Clerk of Court.)
Preparing this document should take you all of about 30 minutes!
SUBSCRIPTION
The subscription is basically the "SIGNATURE BLOCK" at the end of the document. The signature block usually includes the following:
Following is an example of a subscription:
DOE, STEVENS, AND COMISKI
___________________________
DAVID R. DOE
#94-0397
584 Smith Rd.
Durham, NC 20910
(919)549-2930
CERTIFICATE OF MAILING
The Certificate of Mailing is very important. It assures the court that the other side has been sent the document, and when the document has been sent. Just modify the COM in the template, making sure the wording is accurate for the document being sent.
eLectures...
Introduction
Caption
Content
Subscription
Copy and Paste
COMPLAINT
THE CAPTION
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE
Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES
You will change the names of the Plaintiff and the Defendant. The names should be in all capital letters. A note about ROES AND DOES: These are fictitious names that attorneys sometimes use to protect their right to sue someone whose identity is not currently known. You are not required to use them, but if you want to try, all you have to do is provide the following for the Defendant:
JOHN SMITH, Defendant,
and
ROE DEFENDANTS 1 - 10 and DOE CORPORATIONS 1 - 10, Defendants.
DESIGNATION OF TITLE
The title of the document can be as simple as COMPLAINT, or you can state the general legal matter, such as COMPLAINT FOR NEGLIGENCE or COMPLAINT FOR
BREACH OF CONTRACT.
This should not be too hard. Go ahead and get started! Modify the caption in the above Template.
COMES NOW PARAGRAPH
Technically, this paragraph is not a required element of a Complaint. However, I have never seen one without it.
The COMES NOW PARAGRAPH just tells the court who is filing what document. You can probably just modify the paragraph in the above Template, or use something like this:
"COMES NOW the Plaintiff, by and through her attorney Phillip Dean, and hereby files her Complaint against Defendants, and alleges and avers the following:"
Not tough at all, is it? Go ahead, make the changes in your Template above.
JURISDICTION
The statement of JURISDICTION is easy, but critical. Establishing jurisdiction is usually accomplished by two or three paragraphs stating the location of the parties or the location of the event that is being litigated. Even though it is only required that one party fall within the jurisdiction of the Court, it is common to provide the locations for all parties.
The above Template provides the wording you will need. Simply alter the names and locations to match your matter.
ROES AND DOES:
If your Template provides a ROE AND DOE paragraph, you can pretty much leave it as is, or if you choose not to use ROES AND DOES, you may simply delete that paragraph. (Don't forget to renumber any subsequent paragraphs!)
OK, you are ready to establish Jurisdiction in your Template. I'll give you five minutes.
I'll just wait here till you're finished!
GENERAL ALLEGATIONS
The GENERAL ALLEGATIONS are where you tell the story of what happened. Break the story into paragraphs, numbering each. A good way to get started is:
"On or about June 3, 2004, the Plaintiff was walking down the street..."
It is your job here to relate the relevant facts that resulted in the damage occurring. Be thorough, but don't feel like you are going to win your case here. Don't argue or try to prove anything. That will come at trial. Just state the facts. Tell your client's story. The last paragraph will probably be something like this:
"As a result of the above acts of the Defendant, Plaintiff has been forced to hire the services of an attorney."
This gives your client the ability to ask for attorney's fees.
By the way, the better job you do in laying out the General Allegations, the easier the Causes of Action are going to be!
All right, tell your client's story in the GENERAL ALLEGATIONS above.
FIRST CAUSE OF ACTION
A CAUSE OF ACTION may also be called a CLAIM FOR RELIEF. It is the reason the Plaintiff is suing. You may have only one CAUSE OF ACTION, or you may have several.
But always start with what you, or your attorney, think the strongest claim is.
First of all, title the claim. It should look something like this:
FIRST CAUSE OF ACTION Negligence
It will be centered on the page.
The THREE STEP CAUSE OF ACTION makes the process very structured. The first step is to INCORPORATE all previous paragraphs in the complaint. For example:
9. Plaintiff hereby incorporates Paragraphs 1 through 8 as though each paragraph was fully set forth at length herein.
Yes, it is legalese, but get used to it.
Second, you want tie-in the CAUSE OF ACTION. For instance:
10. Defendant's conduct in failing to remove snow and ice from his sidewalk constitutes negligence.
Connect the Defendant's act, or failure to act, to the claim being made. Don't explain. Don't argue. Just claim it!
Third, you need to ALLEGE DAMAGES as a result of the Cause of Action being claimed. For example:
11. As a result of the failure of the Defendant to properly maintain his sidewalk, the Plaintiff slipped and fell, suffering damages, including but not limited to suffering a broken hip.
Guess what. That's it! If you have done a thorough job in laying out the General Allegations, this 3-Step Cause of Action becomes a very structured, and powerful, method of laying out the claims in a lawsuit.
Give it a try!
SECOND CAUSE OF ACTION
See FIRST CAUSE OF ACTION!
That's right! The steps for the Second Cause of Action are exactly the same as the First Cause of Action. The only difference is that the title of the Cause is different, and you have to change the paragraph numbers being included in the INCORPORATION PARAGRAPH. For example, the First Cause may have Incorporated paragraphs 1 through 8. The Second Cause will Incorporate ALL the previous paragraphs, including the First Cause. (i.e. "...paragraphs 1 through 11...")
No matter how many Causes (also called Claims) you may have, use the 3-Step Cause of Action for each.
It is a very empowering technique, and will stay with you throughout your career if you work at it now!
Now, finish all of your Causes of Action, then click on WHEREFORE CLAUSE.
(Have I told you lately how well you're doing????)
WHEREFORE CAUSE
The legal jargon used in such legal writing as the WHEREFORE CLAUSE is often called 'Boilerplate." It is basically a format used over and over again by lawyers. Your attorney will have his or her own favorite boilerplate phrases, but a common one for the Wherefore Clause is:
"WHEREFORE, Plaintiff asks for damages in an amount to be determined at trial, but in excess of $10,000, for attorney fees and Court costs, and for such other and further relief as the Court deems just and proper."
You are telling the court what you are asking for. By the way, the reason some Wherefore Clauses do not ask for a specific dollar amount is that some states do not allow it, or the attorney does not want to be limited to that amount.
The WHEREFORE CLAUSE is also called the AD DAMNUM CLAUSE or the PRAYER FOR RELIEF.
Go ahead. Create your Wherefore Clause.
SUBSCRIPTION
The subscription is basically the "SIGNATURE BLOCK" at the end of the document. The signature block usually includes the following:
Following is an example of a subscription:
DOE, STEVENS, AND COMISKI
___________________________
DAVID R. DOE
#94-0397
584 Smith Rd.
Durham, NC 20910
(919)549-2930
PRIMA FACIE CASE
After you have finished drafting the Complaint, read it over. Ask yourself the following question: Are there any gaps? If the attorney proves everything claimed in the document, does the Plaintiff deserve to be awarded damages?
If there are no gaps, if your client would deserve to win based upon the facts and claims made, then you have established a Prima Facie case.
It has been a joy teaching you! We hope this has helped.
eLectures...
Introduction
Caption
Comes Now Paragraph
Jurisdiction
Claims for Relief
Ad Damnum Clause (also known as the Wherefore Clause)
Subscription
Copy and Paste
INTERROGATORIES
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES You will change the names of the Plaintiff and the Defendant. The names should be in all capital letters.
DESIGNATION OF DOCUMENT The title of the document can be as simple as INTERROGATORIES, or you can state the party to whom the document is being sent, such as INTERROGATORIES TO DEFENDANT.
This should not be too hard. Go ahead and get started! Modify the caption in the above Template.
COMES NOW PARAGRAPH
Technically, this paragraph is not a required element of a set of Interrogatories.
The COMES NOW PARAGRAPH just tells the party receiving the document who is propounding the questions. You can probably just modify the paragraph in the above Template, or use something like this:
"COMES NOW the Plaintiff, by and through her attorney Phillip Dean, and hereby propounds the attached Interrogatories to the Defendant:"
Not tough at all, is it? You can also use the example in the template above.
INSTRUCTIONS
While instructions or definitions are not required, they are usually included. You should ask your attorney for an example of a previous set of interrogatories. Then you should copy the instructions, modifying them for the current set. In this assignment, simply modify the definitions to fit your client's case.
CREATING QUESTIONS
Prior to using this section, you should have created the questions. If not, there are some options for you. In creating questions for your Interrogatories, you should try the following:
1. PRE-EXISTING DOCUMENTS Ask your attorney for a previous set of interrogatories that may have covered a similar topic. 2. FORM BANKS Check your firm's resources to see if there is a form bank in the computer system or in the firm's library. 3. LAW LIBRARY Research in the law library for forms. Check sets of books such as Am. Jur. Proof of Facts, Am. Jur. Pleading and Practice Forms, Benders Discovery Forms, West's Legal Forms, and other sets your law library may contain. 4. LEXIS OR WESTLAW Research on LexisNexis or Westlaw. On Lexis, pay particular attention to Bender's Forms. 5. THE MANUAL Use the suggestions in your manual on Techniques for Interrogatories.
SUBSCRIPTION
The subscription is basically the "SIGNATURE BLOCK" at the end of the document. The signature block usually includes the following:
Following is an example of a subscription:
DOE, STEVENS, AND COMISKI
___________________________
DAVID R. DOE
#94-0397
584 Smith Rd.
Durham, NC 20910
(919)549-2930
CERTIFICATE OF MAILING
The Certificate of Mailing is very important. It assures the court that the other side has been sent the document, and when the document has been sent. Just modify the COM in the template, making sure the wording is accurate for the document being sent.
eLectures...
Introduction
Caption
Comes Now Paragraph
"Instructions"
Creating Questions
Subscription
Certificate of Mailing
Copy and Paste
REQUEST FOR ADMISSIONS
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES You will change the names of the Plaintiff and the Defendant. The names should be in all capital letters.
DESIGNATION OF DOCUMENT The title of the document can be as simple as REQUEST FOR ADMISSIONS, or you can state the party to whom the document is being sent, such as REQUEST FOR ADMISSIONS TO DEFENDANT.
This should not be too hard. Go ahead and get started! Modify the caption in the above Template.
COMES NOW PARAGRAPH
Technically, this paragraph is not a required element of a set of the Request for Admissions.
The COMES NOW PARAGRAPH just tells the party receiving the document who is propounding the questions. You can probably just modify the paragraph in the above Template, or use something like this:
COMES NOW the Plaintiff, by and through her attorney Phillip Dean, and hereby propounds the attached Request for Admissions to the Defendant:
Not tough at all, is it? You can also use the example in the template above.
INSTRUCTIONS
While instructions or definitions are not required, they are usually included. You should ask your attorney for an example of a previous set of Request for Admissions.
Then you should copy the instructions, modifying them for the current set. In this assignment, simply modify the definitions to fit your client's case.
CREATING THE STATEMENTS
Prior to using this section, you should have created the questions. If not, there are some options for you. In creating questions for your Request for Admissions, you should try the following:
1. PRE-EXISTING DOCUMENTS Ask your attorney for a previous set of requests that may have covered a similar topic. 2. FORM BANKS Check your firm's resources to see if there is a form bank in the computer system or in the firm's library. 3. LAW LIBRARY Research in the law library for forms. Check sets of books such as Am. Jur. Proof of Facts, Am. Jur. Pleading and Practice Forms, Benders Discovery Forms, West's Legal Forms, and other sets your law library may contain. 4. LEXIS OR WESTLAW Research on LexisNexis or Westlaw. On Lexis, pay particular attention to Bender's Forms. 5. THE MANUAL Use the suggestions in your manual on Techniques for REQUEST FOR ADMISSIONS.
SUBSCRIPTION
The subscription is basically the "SIGNATURE BLOCK" at the end of the document. The signature block usually includes the following:
1. SIGNATURE LINE A line on which the attorney will place his or her signature. 2. ATTORNEY NAME Type the attorney's name. 3. TITLE OF LAW FIRM The firm's name should either follow the attorney's name, or be provided above the signature line. 4. BAR NUMBER Every lawyer appearing in front of a court must be a member of a bar association. That association will assign the attorney a bar number. Just ask the attorney for the bar number, or check an existing document. 5. ADDRESS AND PHONE NUMBER The firm's address and phone number (including area code) should be provided in the signature block.
Following is an example of a subscription:
DOE, STEVENS, AND COMISKI
___________________________ DAVID R. DOE #94-0397 584 Smith Rd. Durham, NC 20910 (919)549-2930
CERTIFICATE OF MAILING
The Certificate of Mailing is very important. It assures the court that the other side has been sent the document, and when the document has been sent. Just modify the COM in the template, making sure the wording is accurate for the document being sent.
eLectures...
Introduction
Caption
Comes Now Paragraph
"Instructions"
Creating Statements
Subscription
Certificate of Mailing
Copy and Paste
REQUEST FOR PRODUCTION
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES You will change the names of the Plaintiff and the Defendant. The names should be in all capital letters.
DESIGNATION OF DOCUMENT The title of the document can be as simple as REQUEST FOR PRODUCTION, or you can state the party to whom the document is being sent, such as REQUEST FOR PRODUCTION TO DEFENDANT.
Modify the caption in the above Template.
COMES NOW PARAGRAPH
Technically, this paragraph is not a required element of a set of Interrogatories.
The COMES NOW PARAGRAPH just tells the party receiving the document who is propounding the questions. You can probably just modify the paragraph in the above Template, or use something like this:
"COMES NOW the Plaintiff, by and through her attorney Phillip Dean, and hereby propounds the attached Interrogatories to the Defendant:"
You can also use the example in the template above.
INSTRUCTIONS
While instructions or definitions are not required, they are usually included. You should ask your attorney for an example of a previous set of interrogatories. Then you should copy the instructions, modifying them for the current set. In this assignment, simply modify the definitions to fit your client's case.
CREATING THE REQUESTS
Prior to using this section, you should have created the questions. If not, there are some options for you. In creating requests, you should try the following:
1. PRE-EXISTING DOCUMENTS Ask your attorney for a previous set of interrogatories that may have covered a similar topic. 2. FORM BANKS Check your firm's resources to see if there is a form bank in the computer system or in the firm's library. 3. LAW LIBRARY Research in the law library for forms. Check sets of books such as Am. Jur. Proof of Facts, Am. Jur. Pleading and Practice Forms, Benders Discovery Forms, West's Legal Forms, and other sets your law library may contain. 4. LEXIS OR WESTLAW Research on LexisNexis or Westlaw. On Lexis, pay particular attention to Bender's Forms. 5. THE MANUAL Use the suggestions in your manual on Techniques for Request for Production.
SUBSCRIPTION
The subscription is basically the "SIGNATURE BLOCK" at the end of the document. The signature block usually includes the following:
Following is an example of a subscription:
DOE, STEVENS, AND COMISKI
___________________________
DAVID R. DOE
#94-0397
584 Smith Rd.
Durham, NC 20910
(919)549-2930
CERTIFICATE OF MAILING
The Certificate of Mailing is very important. It assures the court that the other side has been sent the document, and when the document has been sent. Just modify the COM in the template, making sure the wording is accurate for the document being sent.
eLectures...
Introduction
Caption
Comes Now Paragraph
"Instructions"
Creating Requests
Subscription
Certificate of Mailing
Copy and Paste
MOTION FOR SUMMARY JUDGMENT AND NOTICE
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE
Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES
You will chang the names of the Plaintiff and the Defendant. The names should be in all capital letters. A note about ROES AND DOES: These are ficticious names that attorneys sometimes use to protect their right to sue someone whose identity is not currently known. You are not required to use them, but if you want to try, all you have to do is provide the following for the Defendant:
JOHN SMITH, Defendant,
and
ROE DEFENDANTS 1 - 10 and DOE CORPORATIONS 1 - 10, Defendants.
DESIGNATION OF TITLE
The title of the document can be as simple as COMPLAINT, or you can state the general legal matter, such as COMPLAINT FOR NEGLIGENCE or COMPLAINT FOR BREACH OF CONTRACT.
This should not be too hard. Go ahead and get started! Modify the caption in the Template.
CONTENT
Most new legal professionals are surprised by how short a motion usually is. The motion does not usually argue itself. The argument is usually saved for the Trial Brief (also called Trial Memorandum).
If the motion is based on a specific court rule, you need to reference that rule somewhere in the motion itself. For instance, a summary judgment is often based on court rule 56 (in states where the rules are unified with the federal rules). Thus, in the motion, allege that the motion is filed "pusuant to and in compliance with CRCP 56." (Of course, you need to change the abbreviation for your state's rules.)
There are other ways to include the rule, such as "Plaintiff claims that there are no material facts in dispute, and thus this motion meets the standard set by CRCP 56." Ultimately, you will want to ask your supervising attorney for an example of one of his or her previously filed motions and use the wording establishing the compliance with the rule that is found in that example.
You should also state that "This motion is based upon the Trial Brief attached herein." This links the motion to the brief. (Sometimes the Brief is called "Points and Authorities" if it is included as a combined motion and brief, but this is the personal preference of the attorney.)
Give it a try!
COPY AND PASTE
Now that you have finished your new document, using the above template, you will need to COPY AND PASTE the text from the template to create a new document. Use the following steps to Copy and Paste.
COPY
First, click anywhere in the Template (this is important). You are going to SELECT ALL of the text in the document to copy the contents.
Second, press the "CTRL" key and the "A" key at the same time. You will see that all the text is highlighted. This is a good thing!
Third, press the "CTRL" key and the "C" key at the same time, or click on the "Copy" icon in the Template tool bar.
PASTE
Open up Microsoft Word and create a new document. Select EDIT and PASTE from the Menu Bar. Then save your document, using a name such as "Discovery01".
And that's it. We hope this LAB has helped. If it has, you can use this template in the future for other memos you create as a paralegal!
eLectures...
Introduction
Caption
Content
Subscription
Copy and Paste
TRIAL BRIEF (IN SUPPORT OF MOTION)
FORMAT: COMBINED OR SEPARATE
MOTION, NOTICE, AND BRIEF?
COMBINED
If you are creating a combined Motion, Notice, and Brief, paste the Motion first, followed by the Notice, then continue using this lab to create the Brief. Note that if you are creating a combined document, you only need the caption at the beginning of the document. Use the examples in the Essential Skills Manual when creating the Motion and Notice part of this document.
SEPARATE
If you are creating a separate Motion and a separate Notice, just use the caption in the above template, but title the two documents as the Motion and the Notice.
CAPTION
THE CAPTION in your template will contain at least three areas that you will need to modify.
THE COURT TITLE
Change the title of the court to a trial court in your jurisdiction, or if you want, you may leave it in the jurisdiction provided in the Template.
THE PARTIES
You will change the names of the Plaintiff and the Defendant. The names should be in all capital letters.
DESIGNATION OF DOCUMENT
The title of the document can be as simple as INTERROGATORIES, or you can state the party to whom the document is being sent, such as INTERROGATORIES PROPOUNDED TO DEFENDANT.
This should not be too hard. Go ahead and get started! Modify the caption in the Template.
COMES NOW PARAGRAPH
Technically, this paragraph is not a required element of a set of Interrogatories.
The COMES NOW PARAGRAPH just tells the party receiving the document who is propounding the questions. You can probably just modify the paragraph in the above Template, or use something like this:
COMES NOW the Plaintiff, by and through her attorney Phillip Dean, and hereby propounds the attached Interrogatories to the Plaintiff:
Another common way to set the stage for the document is the standard "You are hereby requested to respond ..." statement. (You may see something like this in your template.) Ultimately, you will use the form with which the supervising attorney is most comfortable. For now, it is your choice.
THE FACTS
Provide a one or two paragraph summary of the facts of the case.
ISSUES
You should have one, or at most two, issues for this assignment. Make sure they are phrased as questions.
ARGUMENT
The ARGUMENT is basically the same thing as the ANALYSIS in an Interoffice Memorandum. Make your life easy! Use the IRAC system for each authority you cite. Here is a refresher lesson on IRAC:
Introduce the issue.
Rule.
Application.
Conclusion.
INTRODUCE THE ISSUE
This is a brief sentence that tells the reader where you are going. It is often in the form of an introductory conclusion. (Examples are provided in the Essential Skills Manual, Volume 2, Section 3.12.) An example might be:
"Courts have dealt with ethical issues involving paralegals."
Try creating the Introduction to the Issue in the template above.
RULE
Provide the facts of the rule, and quote the rule. By rule, it means law. If you are quoting a case, (which you are), give a few facts about the case, how the case got to that point, and then quote the case. For example:
In Smith v. Jones, a mother deliberately named the wrong man as father on a child's birth certificate. The father sued when the child was seven to correct the certificate. The trial court ruled that it was too late to change the certificate. The plaintiff appealed. The Court of Appeals reversed the lower court. The court held, "It is a basic human right for not only the father, but the child as well, to be able to identify with clarity one's parentage and prodigy."
Now, provide for the Rule in the first issue in the template above, including the facts of the case and the quote.
APPLICATION
This is the most critical step of the analytical process. It is tempting to simply quote the authority, then conclude. This results in weak analysis. The application tells the reader why and how the authority just cited applies to the current issue.
The process is fairly simple, but requires some thought. Compare the authority cited with your client's case. Or, if you think the authority does not apply, point out the differences. For example:
"The above authority applies because, in both that case and our client's case, the primary issue is the concept of ethical representation. In the above case, the court ruled that only an attorney may make judgments regarding legal positions in a client's matter. In our client's case, for a paralegal to make judgment calls in a settlement conference would call for legal judgment."
(The above is only an example. Provide your own analysis!)
CONCLUSION
This is the result of the application, and simply answers the issue. For instance:
"Therefore, a paralegal may not conduct a settlement conference."
THAT'S IT!
Now, you must use the IRAC process for each and every authority cited. So if you analyze one case, going through the IRAC steps, and you have another case you want to analyze right after it, just start the process again for that next case. You don't restate the issue again. Just repeat the IRAC process. Whether you have a single case or 10 cases, go through the IRAC process for each and every one!
If you discipline yourself to the IRAC analytical process, it will make your job as a researcher easier, and it will make your work product stronger and more convincing!
Now, if you haven't done so already, create your analysis using the IRAC method for the first case you are citing.
Then use IRAC to analyze the second case for that same issue, if there is one. (Remember, you don't have to create a new analysis section or restate the same issue. Just start a new paragraph.)
When you have finished analyzing the first issue, restate the second issue, and go through the IRAC process for each case analyzed.
CONCLUSION
The final CONCLUSION provides answers to the issues. It may restate the conclusion at the end of the IRAC process in the analysis, or this final CONCLUSION may be even more brief.
You have one or two issues for this assignment, so you will have either one or two conclusions, numbered 1 and 2 under the caption of CONCLUSION. For example:
CONCLUSION
1. It was perfectly ethical for you, the attorney, to instruct me to provide information regarding representation to our client.
2. If provided with the appropriate guidelines, a paralegal is allowed to conduct a settlement conference.
(NOTE: The above are only examples.)
Provide your conclusion in the template above.
SUBSCRIPTION
The subscription is basically the "SIGNATURE BLOCK" at the end of the document. The signature block usually includes the following:
Following is an example of a subscription:
DOE, STEVENS, AND COMISKI
___________________________
DAVID R. DOE
#94-0397
584 Smith Rd.
Durham, NC 20910
(919)549-2930
CERTIFICATE OF MAILING
The Certificate of Mailing is very important. It assures the court that the other side has been sent the document, and when the document has been sent. Just modify the COM in the template, making sure the wording is accurate for the document being sent.
COPY AND PASTE
Now that you have finished your new document, using the above template, you will need to COPY AND PASTE the text from the template to create a new document. Use the following steps to Copy and Paste.
COPY
First, click anywhere in the Template (this is important). You are going to SELECT ALL of the text in the document to copy the contents.
Second, press the "CTRL" key and the "A" key at the same time. You will see that all the text is highlighted. This is a good thing!
Third, press the "CTRL" key and the "C" key at the same time, or click on the "Copy" icon in the Template tool bar.
PASTE
Open up Microsoft Word and create a new document. Select EDIT and PASTE from the Menu Bar. Then save your document, using a name such as "Discovery01".
And that's it. We hope this LAB has helped. If it has, you can use this template in the future for other memos you create as a paralegal!
eLectures...
Introduction
Format
Caption
Comes Now Paragraph
The Facts
The Issues
The Analysis: IRAC
The Conclusion
Subscription
Certificate of Mailing
Copy and Paste
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