By On Oct 11, 2018 Form Templates
When given an assignment, ask plenty of questions. Read the relevant documents and take good notes. Learn all you can about the clients situation. If you are a junior asked to write a memo or a motion but you are not told anything about the clients actual problem, ask what it is in some detail. You must be adequately briefed—and thats partly your responsibility. Theres almost no way to write a good research memo in the abstract. As you are reading cases and examining statutes, you will be in a much better position to apply your findings if you know the relevant specifics.
YFind out what the standards are for citing authority in your jurisdiction. In California, lawyers follow the California Style Manual. In New York, they should (but frequently dont) follow the New York Law Reports Style Manual. In Texas, every knowledgeable practitioner follows the Texas Rules of Form. Other states have their own guides. And, of course, The Bluebook and the ALWD Guide to Legal Citation are widely used as defaults (and sometimes required by court rules). Even if you are not inclined to care much about these things, you better learn to obsess over them. Otherwise, you will look unschooled.
The structure is important, Hill says. “In order for our logical syllogism or rule-based reasoning to work, the legal writer needs to prove or provide all of the rules and sub-rules and any exceptions, along with any case exceptions before applying the law to the facts of your case and making any comparisons to precedent.” Judges and other legal readers do not like surprises, she says. “They do not want you to include new law in the application section or any exceptions to the rule after you start applying that rule to your facts. So this form will give the reader comfort and confidence.”
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