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)

 

 

  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

 

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