sork.com:  Lawyering Skills


MEMORANDUM

TO:     Students enrolled in Lawyering Skills II, Spring 2000 (Section B)
FROM:     Professor David E. Sorkin
DATE:     January 10, 2000
SUBJECT:     Course requirements for Lawyering Skills II

The second course in the Lawyering Skills curriculum presents an introduction to advocacy writing and oral argument. It is designed to teach fundamental advocacy skills.

REQUIRED READING: The required texts for Lawyering Skills II are:

1.       L. Sirico, Jr. and Nancy L. Schultz, Persuasive Writing for Lawyers and the Legal Profession (1995) ("Persuasive Writing").
 
2.       H. Shapo, M. Walter and E. Fajans, Writing and Analysis in the Law (4th ed. 1999).
 
3.       A Uniform System of Citation (16th ed. 1996).
 
4.       C. Kunz, D. Schmedemann, M. Downs, A. Bateson, The Process of Legal Research (4th ed. 1996).
 
5.       Maria L. Ciampi, et al., The Citation Workbook (2d ed. 1997).
 
6.       The Litigation Process, in bookstore (no charge).
 
7.       Practice Simulations, in bookstore (no charge).

LIBRARY LAB: The Library Lab component of Lawyering Skills II is designed to give students training in computer-assisted legal research. In the lab students will learn how to use LEXIS and WESTLAW, two computerized legal database services. Students will also learn to access legal materials via the Internet. The lab is a required part of the Lawyering Skills II course.

In addition to your Lawyering Skills professor, the following people can also help you with questions about using LEXIS and WESTLAW:

Students will receive printed materials and a permanent personal account number that will enable them to access LEXIS and WESTLAW throughout the school year. Both companies also can provide students with software to access the systems from a personal computer at home; for further information on home access software, contact the companies' representatives.

GRADED ASSIGNMENTS: Each student is required to take a performance test, write two advocacy memoranda and one appellate brief. In addition, one of the advocacy memoranda must be rewritten. The professor for each section will decide which memorandum each student will rewrite. The performance test will be worth 1/4 of the grade for the first advocacy memorandum. The first advocacy memorandum will be worth 25% of the final grade. The second advocacy memorandum will be worth 35% of the final grade. The rewrite of the designated advocacy memorandum will be worth 10% of the final grade. The appellate brief will be worth 30% of the final grade.

UNGRADED ASSIGNMENTS:

1.     Oral Argument: After completing the appellate brief, each student must present an oral argument based on the brief.
 
2.     Research Problems: Each student must also complete research problems covering the material in Chapters seven, eight, nine and ten of The Process of Legal Research (4th edition).
 
3.     Students must also complete citation exercises from The Citation Workbook.

FAILURE TO COMPLETE ASSIGNMENTS:

1.     Failure to complete any of the ungraded assignments to the professor's satisfaction will result in failing the course. Moreover, at the professor's discretion, turning in an ungraded assignment late may result in a lowered grade.
 
2.     If a student fails to complete a graded assignment, the student cannot pass the course.

LATE PAPERS: If a professor accepts a paper after the time it is due, the professor must assess an appropriate penalty by lowering the grade of that paper. The degree of the penalty is within the discretion of the professor. Late papers will not be accepted after graded papers on that assignment have been returned to the students. If this happens, you will have to re-take LS II. (See late policy for more information.)

FORMAT OF PAPERS: All papers must be typed, double-spaced, stapled, page-numbered, and printed on eight-and-one-half by eleven inch paper. Professors will assess penalties for errors in format, grammar, punctuation, and spelling, as well as for errors in substance and logic.


WEEK BY WEEK LISTING OF TOPICS AND ASSIGNMENTS

WEEK #1 - WEEK OF JANUARY 10, 2000

Read Handout on Litigation Process, Chapter 10 (Rules Governing Practice and Procedure) and Chapter 6 pp. 160-170 (Computer-Assisted Legal Research) in The Process of Legal Research.
Professors will review basic research tools utilized in Lawyering Skills I and assign research exercises covering court rules.
Professors will assign citation exercises. The Citation Workbook, pp. xiii-3 and Exercise #1.
In lab, professors will distribute LEXIS and WESTLAW accounts and will discuss signing on to the two systems.

WEEK #2 - WEEK OF JANUARY 17, 2000

Pick up packet from bookstore on practice simulations. Read all materials; do practice exercise.
Read Shapo, Chapters 4, 5 and 6 and review memo-writing process.
Hand in research assignment on Chapter 10.
Hand in citation exercises.
Performance Exercise--This is a practice simulation in which students will write an objective office memorandum in class with a limited universe of authority. It will be graded.
Distribute the first advocacy memorandum problem and at least one sample advocacy memorandum in a format acceptable to the instructor.
In lab, professors will distribute LEXIS and WESTLAW accounts and will discuss signing on to the two systems, if not done the previous week. Professors also will discuss locating and verifying cases on LEXIS and WESTLAW.

WEEK #3 - WEEK OF JANUARY 24, 2000

Read Shapo, Writing and Analysis in the Law, Chapter 16.
Read Persuasive Writing, Chapters 1, 2, 3, and pages 83-88.
Read Chapter 9 (Administrative Materials) in The Process Of Legal Research.
Return performance exercise.
Assign citation exercises. The Citation Workbook, Exercises #2 & 3.
Assign administrative law research exercise.
In lab, professors will discuss libraries, files, and databases on LEXIS and WESTLAW, and will begin discussing methods of searching for cases online.

WEEK #4 - WEEK OF JANUARY 31, 2000

Read Shapo, Writing and Analysis in the Law, Chapter 17.
Read Persuasive Writing, Chapters 4, 5, and 6.
Hand in citation exercises.
Hand in the research assignment on Chapter 9.
Return the research assignment on Chapter 10.
Return the citation exercises.
Professors will continue to discuss the first advocacy memorandum problem and will review basic citation form.

WEEK #5 - WEEK OF FEBRUARY 7, 2000

Hand in the first advocacy memorandum.
Return citation exercise.
Return the research assignment on Chapter 9.
Discuss citation exercises in class.
Discuss legislative history.
Hand out the second advocacy memorandum problem and two handouts on Illinois legislative histories.
Assign Exercise 17-A or B, and 17-C, 17-D, and 17-E in Shapo, Writing and Analysis in the Law.
In lab, professors will continue discussing searching for cases on LEXIS and WESTLAW.

WEEK #6 - WEEK OF FEBRUARY 14, 2000

Read Persuasive Writing, Chapter 9.
Read Chapter 8 (Legislative History) in The Process Of Legal Research.
Hand in Shapo exercises.
Discuss the second advocacy memorandum problem and assign research exercises covering legislative history.
At the professor's option, bring computer-assisted research printouts on second memorandum to class or lab for class discussion.
In lab, professors will discuss additional online search techniques, including field and segment restrictions and key number searches.

WEEK #7 - WEEK OF FEBRUARY 21, 2000

Hand in the research assignment on Chapter 8.
Professors will return the first memorandum, discuss common problems, and arrange for tutorials.
Return Shapo exercises.
Professors will assign citation exercises. The Citation Workbook, Exercises 4 & 5.
In lab, professors will discuss methods of searching for statutes and other primary legal materials on LEXIS and WESTLAW.

WEEK #8 - WEEK OF FEBRUARY 28, 2000

Professors will return the research assignment on Chapter 8.
Read Chapter 18, pp. 298-305 and Appendix F in Writing and Analysis in The Law.
Hand in citation exercises.
Tutorials continue.
In lab, professor will discuss methods of searching for secondary sources on LEXIS and WESTLAW, including law reviews, A.L.R. annotations, and other materials.

SPRING VACATION (March 5-12)

WEEK #9 - WEEK OF MARCH 13, 2000

Read Persuasive Writing, pp. 88-91, and Chapter 15 in Writing and Analysis in The Law.
Hand in the second advocacy memorandum.
Professors will return citation exercises.
Professors will hand out the appellate brief problem.
Professors will hand out citation exercises. The Citation Workbook, Exercises #6 & 7.
Professors will continue discussing brief writing.

WEEK #10 - WEEK OF MARCH 20, 2000

Hand in citation exercises and/or discuss in class.
Hand in the first computer research assignment at the beginning of your class period.
At the professor's option, bring computer-assisted research printouts on appellate brief problem to class or lab for class discussion.
Assign citation exercises. The Citation Workbook, Exercises #8 & 9.
In lab, professors will discuss methods of checking citations on LEXIS and WESTLAW.

WEEK #11 - WEEK OF MARCH 27, 2000

Hand in citation exercise.
Return citation exercises 6 & 7.
Professors will return the second advocacy memorandum and discuss common problems.
Professors will also arrange for tutorials.
At professor's option, bring a disk containing your second advocacy memorandum or a draft of your appellate brief to the lab session.

WEEK #12 - WEEK OF APRIL 3, 2000

Professors will distribute a schedule of oral arguments and distribute handout on Oral Argument Guidelines to be read by next week. They will announce which advocacy memorandum each student will rewrite.
Professors will discuss appellate brief problem, as time permits.
Tutorials continue.

WEEK #13 - WEEK OF APRIL 10, 2000

Professors will return the first computer research exercise.
Professors will return the citation exercise.
Read Chapter 19 in Writing And Analysis In The Law. Professors will discuss oral argument and the JMLS moot court program.
In lab, professors will introduce methods of legal research on the Internet.

WEEK #14 - WEEK OF APRIL 17, 2000

Hand in three copies of the appellate brief, two copies to the professor and one copy to opposing counsel.

WEEK #15 - WEEK OF APRIL 24, 2000

Hand in rewrites of designated advocacy memorandum.
Hand in the second computer research assignment by the beginning of your class period.
Oral arguments. Oral arguments may also occur during lab time. Professors will arrange for alternate classroom space if oral arguments occur during lab time.


Professors will make advocacy memorandum rewrite and second computer research exercise available for student pickup by the time professors turn in grades.