Lawyering Skills and Strategies I Professor Lauren Simpson Sections E-1 & E-2 ● Mon. & Thurs., 7:30-9:00 p.m. Fall 2016 Syllabus (DRAFT) Lecture Class 1 Monday, Aug. 22 Topic New Lawyer Boot Camp I: Sources of Legal Authority Class Preparation • Coughlin: Please read pp. 1531. Assignment(s) Due • Introduction to LSS I • Introduction to the U.S. Legal System • Introduction to Legal Authority Class 2 Thursday, August 25 Classes 3 and 4 Monday, Aug. 29 7:30-9:30 p.m.1 • Coughlin: Please read pp. 33New Lawyer Boot Camp II: 34, 43-56, 57-66, 89-97. Analyzing and Understanding Judicial Opinions and Rules of Law • Please review, but do not yet work on, the “Armed • Understanding Judicial Robbery” synthesis exercise Opinions in the TWEN, Class 2 folder. • Understanding and Deriving Statutory and Case-Law Rules Thinking Like a Lawyer: Legal Analysis • Coughlin: please read pp. 3543, 67-79, 181-96. • Introduction to Legal Analysis • Please review, but do not yet work on, the State v. Glass issue-spotting exercise in the TWEN, combined Class 3 & 4 folder. • Legal Analysis: Statutory • Legal Analysis: Case Law • Thinking Like a Lawyer: Legal Analysis (Wrap-up) Class 5 Thursday, Sept. 1 7:30-9:30 p.m. 1 • Overview of Litigation • Informing the Client on the Case: Drafting an Informal Client-Advice Letter • Bridges & Schiess: please read • Please bring to class pp. 51-64. your completed answers to any homework • Please bring to class the assigned in Classes 1 or Ungraded Client Advice 2. Letter assignment posted under the relevant TWEN Assignment & Quiz Drop Box. Due to Labor Day (Monday, Sept. 5), I will cover the material from Classes 3, 4, and 5 on two days: Monday, August 29, and Thursday, September 1, adding an extra 40 minutes to each class. Accordingly, LSS class on August 29 and September 1 will run from 7:30-9:30 p.m., and there will be no class on Monday, September 5. 1 • How to Cite Authority in Your Legal Writing: 1. Introduction to the Bluebook (in-class presentation) 2. Citing to Cases (self-study) • Finding the Law for Your Legal Analysis: Legal Research (begin) (in part by “flipped” lectures) • Please listen to the three “flipped” legal-research lectures (with accompanying PowerPoints) before Class 6. • Please briefly review, and bring with you to class, the Ungraded Law Firm Memo. [discussion section] assignment posted under the relevant TWEN Assignment & Quiz Drop Box. • Additional: Please bring your laptop and WL, Lexis, and BL passwords to class: Classes 611. Class 6 Thursday, Sept. 8 • Before doing your ICW exercises (not before Class 6), please skim briefly the topics within the Bluebook’s “bluepages” (pp. 3-56), Bluebook Rule 10, and ICW Chs. 1-4 (introductory text only, not exercises). Class 7 Monday, Sept. 12 Class 8 Thursday, Sept. 15 • Finding the Law for Your Legal Analysis: Legal Research (cont’d) • Please bring the ungraded law-firm memo. [discussion section] problem + your notes on it to class, for in-class work. • Finding the Law for Your Legal Analysis: Legal Research (cont’d) • Please bring ungraded lawfirm memo. [discussion section] problem + your notes on it to class, for in-class work. • More on How to Cite Authority in Your Legal Writing (selfstudy by flipped lecture) • Before doing ICW Exercises 5-8 (not before Class 6), please review the two citation self-study PowerPoints in the TWEN, Class 8 folder, skim briefly Bluebook Rules 11-12, and 2 • ICW Exs. 1 & 2 skim briefly ICW Chs. 5-8 (intro. text only). Class 9 Monday, Sept. 19 • Finding the Law for Your Legal Analysis: Legal Research (cont’d) • Please bring ungraded lawfirm memo. [discussion section] problem + your notes on it to class, for in-class work. • Ungraded client-advice letter due at 6:00 p.m. (please submit via TWEN) • Finding the Law for Your Legal Analysis: Legal Research (finish) • Please bring ungraded lawfirm memo. [discussion section] problem + your notes on it to class, for in-class work. • Note: you should be researching the law for the ungraded law-firm memo. [discussion section] no later than the weekend of Sept. 24. If you do not, then you will not have time to complete the ungraded exercise before the graded one is distributed. It will take you much longer than you think! You will also benefit from the Sept. 26 class most fully if you’ve researched beforehand. • Putting it all together: Analyzing the Law and Issues in our InClass Case Study • Please bring ungraded lawfirm memo. [discussion section] problem + your notes on it to class, for in-class work. Class 10 Thursday, Sept. 22 Class 11 Monday, Sept. 26 • Conveying Your Legal Analysis of a Single Issue: CR[e]AC (begin) • Conveying Your Legal Analysis of a Single Issue: CR[e]AC (cont’d) Class 12 Thursday, Sept. 29 • Coughlin: please read pp. 97120 (suggest also briefly reviewing pp. 89-96), 167-72. • Coughlin: please read pp. 129- • Note: you should start 65, 173-80. writing your ungraded law-firm memo. [discussion section] no later than the weekend of Oct.1. If you do not, you will likely not complete it before the graded assignment is distributed. It will take you much longer than you think! 3 Class 13 Monday, Oct. 3 Class 14 Thursday, Oct. 6 • Conveying Your Legal Analysis of a Single Issue: CR[e]AC (wrap-up, if any) • ICW Exs. 3 & 4 • Conveying Your Legal Analysis to Your Supervising Attorney: the Predictive Memorandum I • Conveying Your Legal Analysis to Your Supervising Attorney: the Predictive Memorandum II • Coughlin: please read pp. 199215, 233-41. • Please briefly review, but do not yet work on, the in-class exercise(s) in the TWEN, Class 14 folder. • Conveying Your Legal Analysis to Your Supervising Attorney: the Predictive Memorandum III • Coughlin: please read pp. 121- • ICW Exs. 5 & 6 28, 247-71 before listening to the recorded lecture • Professionalism, Ethics, and Editing (resources) • Notes: Before you submit your Graded Law-Firm Memo. (not before Class 15), please listen to the “flipped” lecture entitled, “Class 15--plagiarism and quotations F2016 student.ppt,” located in the TWEN, Class 15 folder. There are two resource PowerPoints on editing and strengthening sentences in the TWEN, Class 15 folder. These are optional, but they may help you with your prose on the Graded Law-Firm Memo. Class 15 Monday, Oct. 10 Class 16 Thursday, Oct. 13 • Coughlin: please read pp. 313, 217-32, 243-45. • Citation Diagnostic and Practice • Please bring your Bluebook and ICW workbook to class. 4 Drafting Your Client’s Contract I • Stark: please skim briefly Ch. 1 and also read Chs. 2-4. • Introduction to Legal Drafting: Forms vs. Zero-Based Drafting Class 17 Monday, Oct. 17 • Turning the Deal into a Contract (begin) Drafting Your Client’s Contract II Class 18 Thursday, Oct. 20 • Turning the Deal into a Contract (cont’d) • Parts of a Contract—The Frame Drafting Your Client’s Contract III Class 19 Monday, Oct. 24 • Note: graded law-firm memo. (60% of grade) will be distributed via TWEN after tonight’s class. • Stark: please read Chs. 5-7, 17 (no exercises in any chapter). • Please review, but do not yet work on, the “Healthy Hearts” in-class exercise in the TWEN, Class 18 folder. • Stark: please read Chs. 8-16 (no exercises in any chapter). • Parts of a Contract—The Picture Drafting Your Client’s Contract IV Class 20 Thursday, Oct. 27 • Ungraded law-firm memo. [discussion section] due at 6:00 p.m. (please submit via TWEN). • The Drafting Process: Putting the Contract Together • Stark: please read Chs. 26-28 (no exercises in any chapter), focusing on Ch. 26, which is relevant to our in-class practice. • ICW Exs. 7 & 8 • Please review, but do not yet work on, the in-class exercise in the TWEN, Class 20 folder. Individual Conferences with Senior Partner Simpson to Discuss Oct. 31 and Graded Law-Firm Memorandum Nov. 1, 2, 3, • No LSS class on Oct. 31 or Nov. 4, & 5 3 (Classes 21 • one conference per student and 22) • schedule on TWEN “Sign-Up Sheets” page Class 23 Monday, Nov., 7 • Putting it all together: a Practical Exercise on Contract Drafting • Please bring your Stark text to class for in-class exercise. 5 • Graded law-firm memo. due at 6:00 p.m. (60% of grade; please submit via TWEN) Drafting Your Client’s Contract V Class 24 Thursday, Nov. 10 Class 25 Monday, Nov. 14 Class 26 Thursday, Nov. 17 (last class) • Clear and Unambiguous Drafting • Please briefly review, but do not yet work on, the in-class exercise in the TWEN, Class 23 folder. • Note: graded contract (40% of grade) will be distributed via TWEN after tonight’s class. • Stark: please read Stark, Chs. 18-21, 23-24 (no exercises in any chapter). • Graded law-firm memo. due at 6:00 p.m. (60% of grade; please submit via TWEN) • Please briefly review, but do not yet work on, the in-class exercise in the TWEN, Class 24 folder. • Note: graded contract (40% of grade) will be distributed via TWEN after tonight’s class. • Please briefly review, but do not yet work on, the in-class exercise in the TWEN, Class 25 folder. • More In-Class ContractDrafting Practice • Students’ Choice Class (topic to be determined by student vote) Individual Conferences with Senior Partner Simpson to Discuss Graded Contract Nov. 19, 21, • No LSS class Monday, Nov. 21 22, & 23 • One conference per student (Class 27) • Schedule on TWEN “Sign-Up Sheets” page Thursday, Nov. 24 Thanksgiving (no class) • Graded contract due at 6:00 p.m. (40% of grade; please submit via TWEN) Monday, Nov. 28 1. 2. 3. 4. The syllabus may be modified as needed to achieve course objectives. Please register for my LSS class on TWEN immediately after the first class. Please being your laptop and Westlaw, LexisNexis, and Bloomberg Law passwords to each class. Beginning with Class 9, please bring your Bluebook and ICW Workbook to each class: as time allows, we may review citation matters even on days for which citation is not noted on the syllabus. 6