9780133786170

Legal Writing for Legal Professionals

by ;
  • ISBN13:

    9780133786170

  • ISBN10:

    013378617X

  • Edition: 1st
  • Format: Paperback
  • Copyright: 1/21/2016
  • Publisher: Pearson

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Supplemental Materials

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Summary

For courses in Introduction to Paralegal Studies.
 
All the materials needed for “on-the-job experience” writing legal documents.
Legal Writing for Legal Professionals places readers right in the law office environment, exposing them to a variety of cases from beginning to end – from client intake to disposition. The text applies laws from various states to fact patterns and includes ethical situations encountered in legal practice such as medical malpractice, motor vehicle accidents, real estate transactions, divorce and custody, and driving under the influence. This text also offers an abundance of examples and exercises to reinforce what readers have learned and guide them as they draft the legal documents they will be writing during their paralegal career. 

While the text follows the clients and their legal dilemmas sequentially, the chapters can easily stand alone or be read out of order to fit your needs. To help readers build and refine their writing skills, an extensive Grammar Handbook is available online–an indispensable tool for those who may not have  learned this material earlier or those who want a refresher. This book is such an essential resource, even practicing paralegals will want to keep it in their top desk drawer.

Author Biography

Terry Bingham has been a paralegal for nine years, with extensive experience in the private practice law office setting.  She holds a Bachelor of Science degree in Postsecondary Technical Education with a specialty in curriculum development and instructional training from the University of Akron, as well as a Paralegal Studies Post-degree Professional Certificate from an ABA approved program.  Bingham co-developed a first-run, college-level Introduction to Legal Writing course for paralegals for an ABA accredited paralegal program, incorporating her background in curriculum development to construct the course and her paralegal degree and experience for the subject matter. 

 

Susan Majka has been an attorney in the state of Ohio since 1995.  She has worked in private practice, as well as for the Cleveland Municipal Housing Court, the Common Pleas Court, and the Court of Appeals.  She is currently an attorney for the Federal Government and co-developer of the Legal Writing for Paralegals course for Cuyahoga Community College, where she taught the course for many years. Prior to becoming an attorney, Majka worked as a nurse/paralegal/law clerk at a medical malpractice firm while in law school.  Also while in law school, Majka worked in the operating room as a Registered Nurse. 

Table of Contents

Chapter 1

Outlining 3

Legal Outlining 3

Content of the Outline 4

Sequencing 14

Informal and Formal Outlining 17

Formatting Outlines 21

General Format 22

Parallelism in Outlining 24

Summary 27

Assignments 27

 

Chapter 2

Paragraphs and Functions 31

Paragraphs 31

Functions 31

Patterns 32

Unity 37

Coherence 41

Summary 47

Assignments 48

 

Chapter 3

Organization of Material 51

Steps to Writing 51

Prewriting and Organization of the Material 51

Writing the Rough Draft 52

Post Writing and Proofreading for a Finished Document 52

Writing Checklist 54

Upside-Down Outlining 56

Final Document Writing 61

 

Chapter 4

Letters to Clients 67

Correspondence 67

Letters 67

Electronic Communications 68

Determine the Purpose 68

Identify the Audience 84

Maintain Professional Tone 89

Summary 90

Assignments 91

 

Chapter 5

Persuasive Writing 95

Formal Writing Guidance 95

Persuasive Writing 95

Spoken Language Versus Written Language 105

No Contractions 105

Colloquial and Slang Words 107

Confusing/Misused Word Pairs 111

Correct Form of Numbers 118

Acronyms 119

Ethical and Accurate Writing 119

Plagiarism 119

Spell and Grammar Check 120

Summary 125

Assignments 126

Chapter 6

Citations 129

Case Law Citations 131

Public Domain Format 135

Statutory Citations 136

Summary 136

Assignments 137

 

Chapter 7

IRAC - Issue 141

IRAC Formatting 141

Defining IRAC 141

I = Issue 142

What Are the Characteristics of the Issue? 144

Landlord-Tenant 145

Motor Vehicle Accident (MVA) 146

Real Estate 148

Medical Malpractice (Med Mal) 149

Contract Breach 151

Product Liability 152

Summary 153

Assignments 153

 

Chapter 8

IRAC - Rule 157

Define IRAC 157

Sources 158

Primary Sources 158

Secondary Sources 162

Review-Issue 162

R = Rule 162

What Are the Characteristics of the Rule? 163

Direct Quote 163

Weaving 163

Paraphrasing 163

Jurisdictional Variations in Law 164

Landlord–Tenant 164

Ohio Statutory Law 165

Florida Statutory Law 166

Motor Vehicle Accident (MVA) 172

Ohio Statutory Law 172

Ohio Case Law 174

Realtor’s Liability 175

Ohio Statutory Law 175

California Statutory Law 176

Ohio Regulatory Law 181

California Case Law 183

Medical Malpractice (Med Mal) 185

Ohio Case Law 186

Ohio Statutory Law 189

Contract Breach 190

Ohio Statutory Law 190

Virginia Statutory Law 194

Ohio Case Law 196

Virginia Case Law 200

Product Liability 204

Texas Statutory Law 205

Summary 212

Assignments 213

 

Chapter 9

IRAC - Analysis 221

Define IRAC 221

Apply-Issue 221

Apply-Rule 221

A = Analysis 222

What Are the Characteristics of the Analysis? 223

Analysis 224

The IRAC Analysis Formula 229

Landlord-Tenant 243

Ohio Statutory Law 243

Analysis of Law 244

Motor Vehicle Accident (MVA) 245

Ohio Law 245

Analysis of Law 246

Real Estate 247

Ohio Law 247

Analysis with Ohio Law 248

Analysis with California Law 250

Medical Malpractice (Med Mal) 252

Ohio Law 252

Analysis of the Law 253

Contract Breach 255

Ohio Law 255

Analysis of the Law 256

Contract Breach Continued 257

Virginia Law 257

Analysis of the Law 258

Product Liability 259

Texas Law 260

Ohio Law 260

Michigan Law 260

Analysis of the Law 261

Summary 261

Assignment 261

 

Chapter 10

IRAC - Conclusion 269

Define IRAC 269

Apply-Issue 269

Apply-Rule 269

Apply-Analysis 269

C = Conclusion 270

What Are the Characteristics of the Conclusion? 270

Landlord-Tenant 271

I = Issue 142

What Are the Characteristics of the Issue? 144

Landlord-Tenant 145

Motor Vehicle Accident (MVA) 146

Real Estate 148

Medical Malpractice (Med Mal) 149

Contract Breach 151

Product Liability 152

Summary 153

Assignments 153

 

Chapter 11

IRAC as a Whole 283

Strategies for Writing IRAC 283

The IRAC Structure 283

Steps to Writing With IRAC 285

What are the Characteristics of the IRAC Structure? 285

Benefits of IRAC 286

Traffic Violation 287

Residential Construction Contract 288

Restraint of Shoplifter 292

Landlord-Tenant 293

Food Poisoning 296

Animal Owner’s Liability 297

Negligent Entrustment 298

Summary 300

Assignments 301

 

Chapter 12

IRAC - Multiple Issues 307

Other IRAC Formats 307

Multiple Issues Format of IRAC 307

Mirroring 308

Summary 327

Assignment 327

 

Chapter 13

Components of a Document 335

Elements of a Legal Document 335

The Caption 336

The Body 338

The Signature Block 338

The Service Page 339

Boilerplate 341

Boilerplate Forms 341

Boilerplate Documents 347

Summary 350

Assignment 350

 

Chapter 14

Interoffice Memorandum 353

Why Use an Interoffice Memorandum 353

When to Use an Interoffice Memorandum 353

Where To Use an Interoffice Memorandum 353

How to Format an Interoffice Memorandum 355

Interoffice Emails 362

Summary 364

Assignment 364

 

Chapter 15

The Complaint and Answer 367

Pleadings 367

The Complaint 367

The Caption 368

The Allegations/Body 369

The Prayer for Relief 370

The Jury Demand 370

The Signature Block 370

The Service Page 371

Analyzing Facts for a Complaint 375

Writing the Complaint 376

The Answer 377

Analyzing Complaint Questions to Draft an Answer 379

Writing an Answer 379

Affirmative Defenses and Counterclaims 380

Summary 382

Assignment 383

 

Chapter 16

Discovery 385

Discovery 385 Interrogatories 387

Requests for Production of Documents 391

Request for Admissions 393

Affidavits 396

Subpoenas 398

Medical Authorizations 401

Summary 402

Assignment 403

 

Chapter 17

Motions 411

Motion to Dismiss 411

Motion for Summary Judgment 422

Motion to Compel 440

Summary 445

Assignment 445

 

Chapter 18

Proofreading and Editing 451

Proofreading 451

Editing 454

Reminders and Additional Tips for Both Editing and Proofreading 458

Summary 460

Assignments 460

 

Chapter 19

Effective Writing 465

Drafting Effective Documents an Avoiding Pitfalls 465

Passive Voice 465

Grammatically Correct and Well Organized 466

Concise 466

Honest Yet Persuasive 468

Clear 469

Counterproductive or Annoying Writing Tactics 470

Irritating, or Worse, Inadvertently Amusing 470

Carefully Proofread 472

Compliant with the Rules 472

Respectful 473

Ethics 477

Summary 481

Assignments 482

 

Online chapters

Unit 1

Legal Writing Handbook Nouns, Pronouns, Adjectives, and Adverbs 3

Nouns 3

Proper Nouns 4

Compound Nouns 5

Irregular Nouns 6

Pronouns 7

Demonstrative Pronouns 10

Indefinite Pronouns 10

Interrogative Pronouns 10

Personal Pronouns 10

Possessive Pronouns 11

Reflexive Pronouns 11

Relative Pronouns 12

First Person, Second Person, Third Person Pronouns 13

Vague Pronoun References 16

Adjectives 23

Adverbs 24

Summary 25

Assignments 25

 

Unit 2

Verbs 29

Action Verbs 29

Linking Verbs 30

Helping Verbs 33

Verb Tense 37

Conditional Tense Verbs 43

Irregular Verbs 45

Transitive and Intransitive Verbs 48

Verbals 49

Verb Review 52

Summary 52

Assignments 53

 

Unit 3

Subject-Verb Agreement Articles, Prepositions, and Conjunctions 57

Subject Verb Agreement 57

Rule 1 57

Rule 2 59

Rule 3 61

Rule 4 62

The Remaining Parts of Speech 64

Articles 64

Prepositions 65

Conjunctions 69

Summary 70

Assignments 71

 

Unit 4

Phrases and Clauses 75

Phrases 75

Prepositional Phrases 75

Restrictive Phrases or Clauses 76

Nonrestrictive Phrases or Clauses 77

Appositive Phrases 78

Clauses 79

Independent Clauses 79

Dependent or Subordinate Clauses 82

Summary 84

Assignments 84

 

Unit 5

Sentence Fragments 89

Fused Sentences 92

Comma Splices 92

Run-On Sentences 94

Sentence Structures 97

Summary 98

Assignments 99

 

Unit 6

Diagramming Sentences 103

Nouns and Verbs 104

Direct Objects 106

Indirect Objects 106

Modifiers 107

Linking Verbs 112

Compound Sentences 114

Summary 116

Assignments 116

 

Unit 7

Punctuation 119

Periods 120

Question Marks 121

Exclamation Marks/Points 121

Colons 122

Semicolons 123

Commas 125

Apostrophes 134

Parentheses 137

Quotation Marks 138

Ellipses 142

Brackets 144

[sic] 148

Summary 149

Assignments 149

 

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