The Ten Commandments of a Legal Newsletter

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The Ten Commandments of a Legal Newsletter

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Advice Columns for Law Firms

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Advice Columns for Law Firms

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Advertising to and Soliciting for Potential New Clients

Law firms must follow strict guidelines when placing advertisements of any form. A lawyer’s advertisement may mention any former positions held by them, areas of law the practice may be limited to and any nonlegal postgraduate degrees. A communication must not be false or misleading to any potential client and may not omit information that causes it to be misleading.

If a lawyer is approached by a person who is represented by counsel, they may provide a second opinion but are not allowed to attempt to solicit the client. It is important the any advertisement clearly states that if the person making the statement is not a lawyer and simply a spokesperson.

Before distributing any solicitation or advertising materials to the public it is advisable that the attorney contacts the Bar Association for their state to determine the legality of their materials.


*Florida Bar Opinion 88-9 (Adopted April 15, 1988)

Handling High Profilers

When handling a high profile case it is important to follow a set of guidelines to ensure the rights of your client as well as the reputation of your firm. One main rule to remember when dealing with such a case is to preserve any information you know. Do not slip to the media any details about the case. Providing any information to the media about the case is ethically wrong. The media has a right to know but they can find out things their own way.

In providing them with information you are putting you the attorney, your firm, and the safety of your client in jeopardy. In many high profile cases where murder or rape is involved, the public learns about the details and becomes angry, resulting in protests and threats against the client. When things of this nature happen, it is smart to get your client out of the car into the courthouse as quick as possible. You do not want any attempts at harming your client to take place so maintaining their safety and getting them into the courthouse is vital.

Its hard to accept such cases but sticking to the rules and maintaining a good ethical standard will ensure the safety of your client. Letting the media get a hold of information pertaining to the case could really hurt your chances of winning the case as well as the future success of your firm. So when it comes to handling high profile cases, just remember to keep your mouth shut!

http://texasbar.com/Template.cfm?Section=Pro_Bono_and_Community_Service&Template=/ContentManagement/ContentDisplay.cfm&ContentID=9157

Formal Correspondences

Attorneys and lawyers will write hundeds and even thousands of letters every year.  Writing proper correspondences are crucial for any given case.  It's very important to make sure the drafts of the correspondences and letters are almost perfect.  If they aren't, they will look unprofessional and unorganized and could affect the case.  Some ways to help attorneys and lawyers write great correspondences are:

• Avoid common errors.  You should write clearly so the reader of the letter can understand it, not feel patronized, and know what needs to be done.
• Be professional.  The correspondence is supposed to be formal.
• Be temperate.  There will be times where you want to strike back in the letter, but you are only hurting yourself by stooping down to that level.
• Be understood.  Use plain language because everyone can understand and keep it simple.
• Follow up with a letter.  Everybody will forget sometimes so you may want to remind them.
• Get things done.  Make sure your purpose of the correspondence will be or is being fulfilled.

By using these tips, writing correspondences can be quick, easier, and professional.  By watching your language and following the Golden Rule, and your letter will look its best.  Having a good correspondence is a reflection between attorneys and lawyers.  You will make a lasting impression; and first impressions are very important.

http://books.google.com/books?id=UCTQB8wtt1UC&pg=PA81&lpg=PA81&dq=formal+correspondence+attorneys&source=bl&ots=56F6csQ6W_&sig=N8eOXzu35sSTFrV_iT7dNJ8eUhk&hl=en&ei=OXbfSbWjM-Grtger9qS_DA&sa=X&oi=book_result&ct=result&resnum=6#PPA93,M1

Writing a Good Brief...Briefly

Writing is a lawyer's most potent weapon. Legal briefs and memorandums will constitute a major portion of the writing that you will do. It is also the place where you can really show your stuff. Here are some suggestions on how to write a brief that will let you put your best foot forward:
Opening and Organization
-Avoid the unimaginative and uninformative opening line. The first paragraph of a brief should be as attention-getting as any other lead in a piece of writing. You want to draw the reader in by being interesting and creative. Use it to promote your argument and show that you have some style.
-Organize your presentation in terms of persuasiveness, not logic. Put your best argument first, even if it is not logical to do so. Assume that judges, law clerks and partners only read the first four pages of your brief or research memorandum.
-Spend time on the statement of facts. This section is where you often win or lose. Use chronology for the narrative and try to tell a compelling story.
-Use point headings as steps in the argument of your brief. The point heading should be a concise argumentative statement applying a specific principle to the facts of the particular case. It should not be a statement of an abstract principle of law. It should be interesting and informative and be a clear and complete statement forcefully written.
Argument
-State your side's argument affirmatively. Frame the question in a way that admits only one answer – your answer. Don't let your adversary define the legal issues.
-Deal with your adversary's anticipated counter-arguments. Of course, you may want to save something for reply or to lead your adversary into a trap.
-Think hard about your argument. Use your facts as best you can. Beyond simple analysis of case precedent, broaden your argument in terms of fairness, history, and policy considerations.
Conclusion
-Avoid a bare-bones conclusion. Most conclusions in briefs essentially say no more than "we win, they lose." Such perfunctory conclusions are missed opportunities. Use the conclusion as something more than just a tag line.
-Use the conclusion as a chance to continue your argument. Be creative. Restate your arguments and then add a few lines about the broader public policy implications of the issue or how your adversary's position is another symptom of the decline of Western Civilization.
Here is one last bit of advice. The heart of writing a good legal brief is clarity. Be sure that what you write accurately reflects what you think and what you mean to say. Unless you make yourself understood, you cannot persuade a court, jury, adversary, client or senior associate or partner to do what you want.

Source: “How to Write Right” by Daniel J. Kornstein found at http://www.law.com/special/professionals/pay/fy_2000_09_05f.shtml

Communicating With Judges and Judicial Assistants

Lawyers must follow specific, primarily unwritten, guidelines when communication with a Judge. It is important that when composing a letter to a judge that the letter is properly addressed, recognizing the judge’s standing in the community. If the judge if offended because a letter lacks their proper title or if the judge’s name is misspelled they will be less likely to quickly grant the attorneys request.

A second important piece of information to remember is that a lawyer is prohibited from having ex parte communications with the judge with very few exceptions. All counsel in a case has the right to see all correspondence that is sent to the judge on their particular case.

The judicial assistant can be a great resource to a lawyer. The judicial assistant typically has control of the judge’s calendar and will be the contact person when scheduling hearings. Judicial assistants have difficult jobs and are typically responsible for a thousand plus cases that their judge is assigned to. It is always important to clearly identify the case referenced in all correspondence and telephone calls and include both the case number and style.

When sending correspondence and documents to judges in advance of the hearing, often it is being done a rush basis. According to a judicial assistant the fastest way to have something in the judge’s hand is to send it via overnight mail. By sending the material through an overnight service the package avoids having to go through an extra level of security that hand delivered documents have to.