Lawyering Skills I
LAW 525-001 – Lawyering Skills I
LAW 525-001 – Lawyering Skills
Tuesday, August 29, 2017
11:32 AM
- STPV – Serious Threat of Physical Violence
- Any actual verbal communication
- Past conduct
- Seriousness of threat
- Reaction to the threat
- RIV – Reasonably Identifiable Victim
- Reaction
- Group size
- Method of communication
Client Interviews
- Two goals
- Know what information to get
- Rules
- Clients don't know what information is legally relevant, but let them tell their story and empathize.
- Clients lie.
- Client forget.
- You never know if you have all the information
- Use a funnel technique
- Start broad and then narrow your questions
- Do not prejudge the client. Keep an open mind.
- Don’t allow embarrassment, fear, or modesty to limit the questions you ask.
- Know how to get information
- Take a personal interest in the client. Be empathetic.
- Create a positive physical environment.
- Chair/table placement.
- Establish rapport.
- Assure the client of complete confidentiality your conversation.
- Closing the interview
- Solicit client's ideas on the scope of the representation/goals. (What do you want me to do for you?)
- Give no assurances.
- Establish a definite follow-up event. (meeting or phone call)
- Discuss a Contract of Representation (sets forth scope of representation and basis for fees)
- Discuss possible alternatives to litigation.
- After the Interview
- Draft a Memo to File
- Records the facts that the client just communicated to your while they are fresh in your mind.
- May also record impressions of the client. It's an internal memo.
- Becomes the factual record that you will use when drafting any future "Office Memos" evaluating the case.
- Narrative – no CREXAC
- Formal document. Full sentences. Proper grammar. Indicia of formality
- To, From, Date, Re
- (file name, number)
- Rules are exportable
- Use rules to predict outcome.
- Statute will never be the rule.
- Statute is the original rule; we need a processed rule.
CRExAC
- Conclusion
- Rule
- Rule/Thesis
- Citation
- Explanation
- Facts
- Holding
- Rationale
- Application
- Conclusion
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