Professional Writing for Lawyers Skills and Responsibilities 2nd edition by Margaret Johns, Clayton Tanaka ISBN 1594607885 978-1594607882

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