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)

 

 

1. Rules are exportable
• Use rules to predict outcome.
2. 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