The Ten Commandments of a Legal Newsletter
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Friday, April 17, 2009
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)
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)
Thursday, April 16, 2009
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!
Friday, April 10, 2009
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.
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.
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.
Wednesday, April 8, 2009
Attorney to Attorney Communication
Being a lawyer, more often than not your dealing with other attorneys who are representing the opposing party in a matter you are involved in. With that being said, it is necessary to communicate with that lawyer formally, professionally, but also effectively. When discussing issues of a case with another attorney via formal correspondence, it is important that the point you are trying to make is clear and concise. Organize the facts you want to include in the letter clearly before writing your letter.
Once the facts are determined, formally address the letter to the other attorney and include a formal greeting, demonstrating your professionalism. Then proceed with the letter illustrating the points and facts you organized beforehand, thoroughly in the letter. Upon completeion of stating th facts, be sure to include a formal closing to the letter, such as asking the other attorney to respond to the letter, and it letting the other attorney know they can contact you personally as well. Emails are an informal way for attorneys to discuss the matter as well. They still include the facts but they are not as formal and articulate as a letter would be.
You want to come off stern in your letter, but also welcoming and cooperative with the other attorney. This will ensure the case will run smoother as long as you maintain a professional, yet friendly relationship with the other attorney.
http://esl.about.com/cs/onthejobenglish/a/a_basbletter.htm
http://www.letterwritingguide.com/businessletterformat.htm
Once the facts are determined, formally address the letter to the other attorney and include a formal greeting, demonstrating your professionalism. Then proceed with the letter illustrating the points and facts you organized beforehand, thoroughly in the letter. Upon completeion of stating th facts, be sure to include a formal closing to the letter, such as asking the other attorney to respond to the letter, and it letting the other attorney know they can contact you personally as well. Emails are an informal way for attorneys to discuss the matter as well. They still include the facts but they are not as formal and articulate as a letter would be.
You want to come off stern in your letter, but also welcoming and cooperative with the other attorney. This will ensure the case will run smoother as long as you maintain a professional, yet friendly relationship with the other attorney.
http://esl.about.com/cs/onthejobenglish/a/a_basbletter.htm
http://www.letterwritingguide.com/businessletterformat.htm
Friday, April 3, 2009
Preparing to Conduct a Good Deposition
Depositions are crucial to the discovery phase and the outcome of litigation cases. If you are a new attorney and need advice on how to proceed or an old pro that needs a refresher, hopefully this blog will be of assistance.
Taking a deposition is easy, but taking a good deposition requires methodical preparation. First, figure out what your purposes are in taking the deposition. Next, find out who you are going to depose and what information you need from that witness. With that information, you can, begin to prepare questions that need to be answered during the deposition. The best way to do this is with an outline. Outlines allow you to be more flexible during the questioning in case new topics come up during the questioning. You will need to be able to listen to the witness and respond with a new question based on his/her answer. Here are some suggestions on developing a good outline:
-Start with a heading for "Background". Here is where you will ask the witness some questions about his personal and educational background. If the witness is an expert witness, and especially if his or her qualifications are an issue, you will want to go into detail about the educational background.
-Write out elements of the various claims. These are the ones that are at issue in the lawsuit and see if the witness's testimony bears on any of those elements.
-Proceed chronologically. Start at a point early in time and move to more recent events. Proceeding in this way makes it easier for the witness to remember things.
-Think in paragraphs .Identify a topic, ask a general question, then ask who, what, where, when, why and how, then use a closing question -- "Anything else you can think of?"
-Follow the "funnel" sequence suggested in interviewing. Ask broad questions first, followed by directed questions, followed by narrow questions to nail down specific facts.
Remember that deposition testimony can have a powerful effect on a case’s outcome. By preparing a good outline and some key questions, you can successfully navigate the deposition and be on the way to a successful outcome in your lawsuit.
Sources: “Taking a Deposition” by James Alexander Tanford, found at http://www.law.indiana.edu/instruction/tanford/web/archive/Depositions.html
“Deposition Tips for Young Lawyers” found at http://radio.weblogs.com/0104634/Litigation/Deposition%20Tips.htm
Thursday, April 2, 2009
Witnesses & Attorneys: Same Page
One of the most important things between a witness and an attorney is to make sure they are both on the same page with the testimony. By carefully reviewing and preparing, the witness can help provide clear and convincing answers that have the information needed for the case. By practicing with their witness, lawyers and attorneys can understand the case more fully and potentially strengthen their positions.
By making sure the witness is well prepared, it helps the attorney out even more because they can obtain favorable information. With both partiesbeing more comfortable, it will help the witness relax when they are going through their testimonies, direct and closed examinations. Working together will bring out the best in both the attorney and the witness, which can even result in a better trial.
By making sure the witness is well prepared, it helps the attorney out even more because they can obtain favorable information. With both partiesbeing more comfortable, it will help the witness relax when they are going through their testimonies, direct and closed examinations. Working together will bring out the best in both the attorney and the witness, which can even result in a better trial.
Preparing A Witness For Their Deposition
One of the most important factors in helping a lawyer to negotiate a settlement or prepare for trial is how their client completed their deposition. A client that gives a great deposition and clearly explains the facts of the case can sometimes force the other side into negotiating a settlement to avoid a trial. There are several key pieces of information every attorney should discuss with their client before a deposition.
1. The client must be prepared for their deposition. It is the attorney’s job to make sure they are prepared by meeting and discussing the case prior to the deposition. It is recommended that this meeting takes place several days before the scheduled deposition so that it is not rushed. A client that is well prepared by a well prepared attorney will know the answer to almost all of the questions opposing counsel may ask.
2. The client must be relaxed and try to avoid becoming upset or flustered during the deposition. When a client becomes upset during a deposition they may answer incorrectly or provide extraneous information that is not relevant to the case.
3. Attorneys should tell their clients that less is more during a deposition. The client should not expand on their answers when a simple yes or no will do. The client can cause themselves more harm than good sometimes when providing unnecessary details.
http://www.newyorkinjurycasesblog.com/2009/02/articles/faqs-depositions/what-is-a-deposition-and-how-do-i-prepare-for-mine/
1. The client must be prepared for their deposition. It is the attorney’s job to make sure they are prepared by meeting and discussing the case prior to the deposition. It is recommended that this meeting takes place several days before the scheduled deposition so that it is not rushed. A client that is well prepared by a well prepared attorney will know the answer to almost all of the questions opposing counsel may ask.
2. The client must be relaxed and try to avoid becoming upset or flustered during the deposition. When a client becomes upset during a deposition they may answer incorrectly or provide extraneous information that is not relevant to the case.
3. Attorneys should tell their clients that less is more during a deposition. The client should not expand on their answers when a simple yes or no will do. The client can cause themselves more harm than good sometimes when providing unnecessary details.
http://www.newyorkinjurycasesblog.com/2009/02/articles/faqs-depositions/what-is-a-deposition-and-how-do-i-prepare-for-mine/
Prepping a Witness
Lawyers throughout their professional career will run into some major cases requiring a trial, evidence, the whole nine yards. In many of those trials a witness may be required to provide facts of that event in question. A witness is someone who testifies under oath providing firsthand evidence. Adding a witness to your case can more than likely boost the effectiveness of your side of the story, so in many situations lawyers try to bring in as many witnesses as they can (Nolo, 2009).
Determining the Facts
After determining who the witnesses for the case are, you then have to prepare them for the trial. With this, it is important they know why were chosen for the case and that they understand and remember the facts of the event they witnessed. It is important to be polite and clear with your potential witness when briefing them of the facts they remember about the event. Once it is determined that the information they possess is helpful to the case, you as the lawyer can then go on and prepare the questions you plan to ask the witness in court.
Planning the Questions
Careful planning of the questions is vital to the success of the witness. Questions should be well thought out and simple enough for the witness, as well as others in the courtroom to understand. Be sure that the questions you plan to ask are relevant to the case and that they are effective in getting the witnesses testimony across.
Practicing the Questions
Once the questions are determined, then ensuring your witness is prepared for the questions you plan to ask is the next step in this process. Make sure you practice the questions with your witness before the trial so they know what to expect and know how to answer the question you plan to ask. This will help you determine if the manner you are asking the questions, along with the wording is clear and easy enough for the witness to understand. Going over the questions beforehand will also better prepare the witness for trial and perhaps make them less nervous when the questions are asked. However, you cannot prepare them for cross-examination by the other party. That is something they have to do on their own, and hope for the best. Make sure the answers your client plans to give in court are clear, direct, and concise. Answers and the manner they are given will definitely impact the judge or jury deciding the matter.
Witness can make or break a case, and making sure they clearly understand you and everyone can clearly understand their answers is quite important in a case. Make sure the witness is well prepared and confident in answering the questions in court beforehand so they can provide vital information to you and your case. After all, you brought them into court to win you the case, not lose it for you!
http://www.nolo.com/
Determining the Facts
After determining who the witnesses for the case are, you then have to prepare them for the trial. With this, it is important they know why were chosen for the case and that they understand and remember the facts of the event they witnessed. It is important to be polite and clear with your potential witness when briefing them of the facts they remember about the event. Once it is determined that the information they possess is helpful to the case, you as the lawyer can then go on and prepare the questions you plan to ask the witness in court.
Planning the Questions
Careful planning of the questions is vital to the success of the witness. Questions should be well thought out and simple enough for the witness, as well as others in the courtroom to understand. Be sure that the questions you plan to ask are relevant to the case and that they are effective in getting the witnesses testimony across.
Practicing the Questions
Once the questions are determined, then ensuring your witness is prepared for the questions you plan to ask is the next step in this process. Make sure you practice the questions with your witness before the trial so they know what to expect and know how to answer the question you plan to ask. This will help you determine if the manner you are asking the questions, along with the wording is clear and easy enough for the witness to understand. Going over the questions beforehand will also better prepare the witness for trial and perhaps make them less nervous when the questions are asked. However, you cannot prepare them for cross-examination by the other party. That is something they have to do on their own, and hope for the best. Make sure the answers your client plans to give in court are clear, direct, and concise. Answers and the manner they are given will definitely impact the judge or jury deciding the matter.
Witness can make or break a case, and making sure they clearly understand you and everyone can clearly understand their answers is quite important in a case. Make sure the witness is well prepared and confident in answering the questions in court beforehand so they can provide vital information to you and your case. After all, you brought them into court to win you the case, not lose it for you!
http://www.nolo.com/
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