Thursday, April 21, 2016

The Pre-writing Stage


Assignment

·         make sure you understand the assigned task clearly (identify time and purpose of the assignment) If it requires preparation of a document requiring legal research and analysis, be sure to identify the legal issue to be researched.
·         Identify the type of legal writing required
·         Identify the audience (lawyer or client)

Constraints

·         Time - (deadline)
·         Length - (# of pages wanted)
·         Format - (law firms criteria - court criteria)

Organization

·         prepare an outline
·         make a rough draft

Preliminary Preparation (Format)

·         gather information, review the case facts within the file
·         conduct basic research to become familiar with the law that governs the issue
·         the law that interprets how the rule applies to the facts of the client's case

Guidelines and Suggestions for the Writing Stage

·         prepare the writing location
·         establish a time table
·         do not begin to write until you are prepared
·         write when you will do your best work
·         begin with the part of the assignment you feel most confident about
·         do not procrastinate
·         limit interruptions
·         if you become stuck, move to another part of the assignment
·         do not make the first draft the final draft

Post Writing Stage - (Revising and Editing Checklist)

·         make sure the writing is well organized
·         make sure the document is written in a manner the audience will understand
·         write clearly so the content makes sense
·         write concisely: eliminate unnecessary words
·         make sure the writing is complete and all aspects of the assignment are covered
·         cite the legal authorities correctly
·         edit the document several times
·         while editing: read aloud or have a colleague read to you
·         have a colleague edit and proof read

·         IRAC - Issue, Rule, Analysis and Conclusion

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