Constitutional Law Teaser. (Posted by Gabe)

I had every intention of writing a full-blown Constitutional Law overview before now, but then life happened. I'm preparing to head out of the country for a week on a last-minute trip to the Pacific, so I thought I'd at least do a ConLaw teaser before I left.

There is one concept as you study ConLaw that is absolutely essential, and perhaps surprisingly, it isn't even found in the constitutional text! Over the years, as the Supreme Court has evaluated the myriad of issues that come up in the constitutional context, the justices have formulated three tests – strict scrutiny, intermediate scrutiny, and rational basis. These tests, and their variations, form the lifeblood of constitutional analysis.

Your job in ConLaw is to know those tests cold, and know what governmental actions trigger each one. If you can do that, you are well on your way to understanding ConLaw.

But that brings up an interesting question. These tests are highly useful tools, but they are nowhere in the constitutional text. Do you think these three tests are a valid tool of constitutional interpretation?

Resurrection (Posted by Gabe)

I have had every intention of posting over here for months, and life has taken over (if you're interested, you can see work here and life here). But as you get ready to start your Fourth Quarter, we would like to resurrect this resource and begin posting much more frequently.

You have some great classes this semester. I'm psyched to be your mentor for Constitutional Law, my all-time favorite subject, and the other courses are going to be highly practical for you as you not only prepare for the CLA exam, but also for being a practicing paralegal.

But in order for this blog to be a success, we need help from you. While I'm certain that each of us mentors can come up with things to write about, the best subject matter that we can right about is that which is in response to your needs! So here's what you can do--

• E-mail questions! Don't be shy about asking away. Our answers can form the basis of blog posts that can be a blessing to the whole class.

• Send me your URL! I would love this blog to be more than just a list of articles; it can be a way to link paralegal students and grads together. If you have a blog or website, let me know and I will put it in the blogroll.
  
  
• Leave comments and feedback! In fact, if you found a helpful idea or tip that you'd like to share with your classmates, write it up and e-mail it to me—we can post it here for everyone's edification.

Thanks to the Internet, even a distance learning program offers the chance for you to interact with your classmates. Use this blog as your chance to do just that!

Stay tuned for more to come.

A Diversion... (Posted by Gabe)

Every once in a while, in the midst of what can be tedious legal studies, a story comes out that makes it fun...

Hot Wings and a Waiver to Go

Merry Christmas! (Posted by Gabe)

Hi Friends--

I just wanted to wish you all the merriest of Christmases this year! I hope that you are able to take a break from the books and celebrate the joy of the season.

While I'll personally be on the road for the next couple of weeks, I would be more than happy to take any questions that you might have about criminal law and procedure. Fire away!

Gabe

Thoughts on Launching a Paralegal Career (Posted by Jenny)

Someone recently asked:

Do you have any advice for those of us who graduated over 10 years ago from paralegal school and have not worked as a paralegal professionally. I realize this is going to be difficult but still want to do my very best. Raising children and then returning to college to get my BA in 2005 is part of the reasons why all this time has passed. Any words of wisdom?


First of all, I would say I am impressed with your commitment and willingness to step out and consider switching careers – a daunting task for anyone at any stage in life! If being a paralegal is what you want to do, then I say go for it! You will have hard work ahead of you (and no doubt those who try and discourage you) but I believe we have been given the gift of life by God and with that the ability to work toward our dreams. Many impossible seeming things become possible with hard work, prayer, and faithfulness.

Some thoughts:

Take CLA exam or Law Course(s)

Since it has been a while since law school I would suggest either taking the CLA exam or doing some law related courses to “brush up” on your knowledge, or both of the above. I suggest this for 2 reasons: 1. although given different levels of recognition depending on what area of the U.S.A you are in, a recent CLA certification will not hurt you by any means – it will show you are up to date on test requirements. 2. Taking a couple of law related courses will refresh your memory and bring you up to date on law changes

Most importantly, you want something to get you in the door for an interview, and this will help (volunteer work helps too! – see below).

Experience, experience experience!!

You will no doubt hear the words “practical experience” many times. Like any job, the most important thing is what you can do or how quick you can learn. There ARE attorneys & paralegals who will teach you how to practice law practically. If you find one of these great people follow them around and soak up everything!!

I don’t know the feasibility of this in regards to your financial situation, but obviously, starting a new career means starting at the bottom in payment terms. I would suggest looking for a volunteer position first (if you can) in a District Attorney office or law firm. I volunteered part time in my local D.A. office for 6 months, and it was time well spent. It also opened doors interview - wise. Experience is experience, whether volunteer or paid.

The ideal situation (if it presents itself and you can afford it) is a part time or full time entry level position with a firm. No matter how clerical the work is, you will learn a great deal by being there. And then be able to take on more responsibility in that firm or use what you’ve learned in the next one you work in.

Interview the Interviewers!

When you interview at firms, scrutinize away! What are the attitudes of the staff that you see? Do they seem stressed / unhappy / enjoying their jobs? What is the attorney that is interviewing you like? How does he appear – kind, stern, laid back, etc.? I am not saying you should be very picky and hard to please about your work environment. There are no perfect work environments, and unless one is just terrible / intolerable, I am not one to condone leaving or job hopping.

What I am saying is: you can tell a great deal about people at a first meeting (by verbal and nonverbal clues) if it looks like something is “fishy” & not above board, or things seem weird (I am speaking of a woman’s intuition here since I am a woman) they probably are.

Just be discerning and don’t feel like you HAVE to take the first offer you get if things don’t seem right. I interviewed at several firms that literally gave me the creeps. And when I walked in the door of the firm I am working for now, I felt like I had come home. Everything that the attorney said confirmed that initial good impression. Things have not been perfect, but I have never regretted coming to work for my 2 attorneys!

OK, a lot of the above sounds a bit like touchy feely stuff, which is NOT how I meant it to sound. Ideally, you will work for a firm where you enjoy (most if not all) your supervising attorneys and fellow staff. But if you find yourself working at a firm with difficult people, hang in there. All experience is valuable.

I hope the above has been helpful. Feel free to contact me by e-mail, fairlady@truevine.net, if you would like to do so. I wish you the best in your pursuit of a paralegal career! Please let me know if there is anything else I can do to help.

Fellow mentors: please weigh in with any comments / advice.

Intro to Criminal Law and Procedure. (Posted by Gabe)

Hi Friends--

I apologize for the long delay here! But I am now back in the country and immersing myself completely in studies for the California Bar, which I'll be taking in February.

But all that aside, let's take a look at some basics ideas to help you study these subjects. (And yes, I do mean the plural; though you study Criminal Law along with Criminal Procedure in this course, they really are very different, so it may help you to think of them as two separate courses.)

Criminal Law - All About the Elements

The key to criminal law is to think elements. Every crime consists of these sub-parts that must be proven by the prosecutor before the jury will return a guilty verdict. They're really building blocks--and without any one of them, the whole crime will fall.

So know your elements. If you know them cold, you have a roadmap through each crime and a checklist of all the issues that you can be tested on in that crime. So memorize the definitions; they have all of the elements.

Criminal Law - Pitfalls to Avoid

Mens Rea

There are also a couple potential pitfalls that I want to warn you about. The first is mens rea. You already know that different crimes have different required mental states, but be sure you know the exact mental state required for each crime.

Sometimes that is easy. For instance, you know that burglary is a specific intent crime, and what that means is easy. You have to have a specific intent to commit a felony in the structure you broke into. Now, if you argue that a "general intent to break and enter" is enough for burglary, you will hurt your grades badly, but with a little study you should certainly not have that problem!

But sometimes it is a little more tough, because sometimes the same mens rea can mean different things. Take "malice." Malice is the mens rea for murder, mayhem, and arson, along with a couple of others, and it means something different for each of these. The Felony Murder Rule, for example, can give you malice for murder, but there is no such thing as the "felony arson rule." So every time you see a malice crime, make sure you know exactly what malice means.

Defenses

Don't get yourself in the rut of just thinking like a prosecutor when you see a criminal law fact pattern! That can be easy, as you study the elements of each crime, but remember, there's another side. So don't forget to think about defenses every time you look at a criminal law hypo.

Criminal Procedure - Going to the Source

Criminal procedure is really little more than an extension of Constitutional Law, focusing on the specific procedural rights given to accused persons in the Bill of Rights. There are lots of them, and many of them are familiar to even the non-legally trained in this nation. We've all heard of the prohibition on cruel and unusual punishment, for instance, and we all know the "You have the right to remain silent..." spiel used by both real and actor police officers every day.

But do not let that familiarity fool you! The layman's knowledge of criminal procedure is often inaccurate and always incomplete. Unless you go to the source, and know how the Supreme Court has treated that source in real-life situations, you will not have the knowledge that you need.

It is on that basis that I would advise you to memorize the 4th, 5th, 6th, and 8th amendments to the Constitution. That's the source, and the better you know that source the better you can apply it to fact patterns.

Sometimes, though, the source can get confused. For instance, while we've all heard the Miranda warnings: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." But do you know where they come from? If you read the Constitution, you can't find that list anywhere. The Court used a (the 5th Amendment privilege against self-incrimination, the 6th Amendment right to a lawyer) to come to this conclusion. And while Miranda has been criticized heavily, it is still good law!

One other source question is in the right to counsel. It only appears once in the Constitution, in the 6th Amendment. BUT BE CAREFUL. The Supreme Court has also recognized a 5th Amendment (substantive due process) right to counsel--and it is different in many ways than the 6th Amendment right to counsel! So be sure you study that one carefully.

Criminal Procedure - Breaking it Down

The nice thing about CrimPro is that it can only come up in very limited circumstances, and those circumstances have factual "triggers" that you should use to alert you to the particular right that is being tested.

If you see homes or automobiles, for instance, look for 4th Amendment issues.

If you see arrests, interrogations, and confessions, think 5th Amendment and Miranda (and don't forget both types of the right to counsel).

If you see trials, pleas, or post-conviction actions, make sure you think about the 6th and 8th Amendments.

A Conclusion

Be sure to study carefully, and your questions are most welcome. Feel free to e-mail me!

Welcome to the 2nd Quarter! (Posted by Jenny)

Hello everyone! I hope you had a great break and spent it doing lots of fun things unrelated to law school!:) I also hope you are ready to hit the books again for the 2nd quarter.:)

Just wanted to drop you a quick note and let you know who the mentors will be for the 2nd quarter courses:

Gabe Waddell - Criminal Law & Procedure
Steven Sanderson - Real Estate Transactions
Alex Mansfield - Legal Philosophy & Reasoning
Jenny Harris - Basic Principles of Counseling

Have a wonderful Thanksgiving and we look forward to hearing from you!

Contract Drafting Assignment (Posted by Gabe)

Hello Friends!

I hope that your studies are coming along well. I apologize that I have not updated this blog lately; having just finished up my JD studies, I'm hoping to change that. Please feel free to e-mail any questions that you may have!

In the meantime, a classmate asked the following question about the contracts drafting assignment:

My question involves the drafting assignment for this week's lesson. The assignment itself I understand, however, there are not enough details given to create a whole contract. So my question is, am I supposed to make up the necessary details that have not been given (such as addresses, state in which the transaction takes place, specific details about the vehicle in question - such as year, miles,etc. for description of consideration, whether or not there are any warranties involved, etc.)? Or do I just write a contract that leaves all those details out?

Great question, and the most "correct" answer is that either way should work just fine. The Professor knows that you don't have those details, and isn't expecting you to "know" them, so if you draft the contract with those details left out you should be fine.

I would recommend, though, that you take the time to make the contract look the best it can, which may involve pretending to have certain facts. I'd recommend that you go ahead and add "facts" that would add to the reality of the assignment without changing the facts. If you add your state of residence as the place where the transaction occurs, and put in fictitious addresses, I think that would add to the reality of the assignment.

But don't add facts that would change the terms of the contract itself. For instance, adding warranties that aren't in your facts could change the terms of the contract--don't do that.

As a final blog note, send me your website URL if you would like to be listed in the OBCL paralegal blogroll on the right.

More to come soon. Fire your questions away if we can help with finals prep!

Mentor Course Assignment Corrections (Posted by Jenny)

Hello everyone!

Well, the mentors became aware recently that the courses in the 1st quarter have been changed somewhat. If Prof. G. and the college was testing us to see if we were on our toes, I think we flunked.:) This should be a lesson to all of you to never assume that just because something has been a certain way for several years, doesn't mean it can't change suddenly!:) Here is a corrected breakdown for this quarter:
Gabe - contracts
Steven - torts
Jenny - family law
Alex - common law jurisprudence

That said, I hope your 7th week of coursework is off to a great start and I am looking forward to working with you during the last weeks of this quarter and throughout the rest of the year. I hope you will not hesitate to contact me at any time. My phone line and e-mail are always available to you. I am NOT here just to answer questions about the particular course I am assigned to help with - you are welcome to use me for general encouragement, to pray for you, - in short, support you in whatever way I can during your time in Oak Brook.

To tell you a little about me, I live in the great state of Texas in the Dallas / Fort Worth area. I work for a law firm that specializes in civil and criminal law. I currently work primarily for the criminal defense attorney and it is, needless to say, never boring.:) No matter whether a person is guilty or not, the law of our land guarantees them a fair trial / their day in court. If you were accused of doing something, you would want someone like my supervising attorney, Mr. Brent Bowen, to be there to represent you. He is a wonderful attorney & a great man. May his tribe increase!

I also currently serve on the Alumni Association Board as Paralegal Representative. You will begin receiving the e-mails I send out to the paralegals (even though you aren't alumni yet) so you can stay informed on what is happening, give me your feedback, and take advantage of as much as you can while you are still a student. I'll explain more about all that later.

I am planning on giving each of you a call sometime in the next couple of weeks (before finals prep hits and you don't answer the phone:) to say hello & introduce myself, answer questions, explain my job as paralegal rep and how that relates to you, etc. I look forward to speaking with each of you for a few minutes. If I miss you for some reason, please call me back!

Happy studying & talk to you soon!

Welcome, P07B! (Posted by Gabe)

Welcome to the OBCL Paralegal Program! Whether you are here because you want to practice as a paralegal, want to use this as a stepping stone to something else, or just want to increase your legal knowledge, I hope that you are excited about what the next year will hold.

This blog and the people behind it are here to help you be as successful as possible through this course. All four of us have graduated the paralegal program and applied its knowledge in our own respective careers. Even though we have all used the paralegal program as a foundation, our different paths reflect the amazing possibilities that this course can open up for you--in law and elsewhere.

This blog also has the goal of connecting paralegal students and graduates into a comprehensive network that we can use to assist each other. If you have a website, please e-mail me and I will add you to the blogroll in the sidebar.

I would encourage you to ask questions of the mentors, and leave comments here on the blog, as you plow ahead through the paralegal program. We will reply to you, and post answers to those questions here for the benefit of all the students. Don't worry; we won't put your names up here without your permission or anything like that, so ask away!

You will get to know all of us throughout the year, and I will let each mentor introduce themselves as they see fit. To let you know a little bit about me, I graduated with the P01B class (way back in the dark ages!) and am about a month from being finished with my OBCL Juris Doctor studies. I'm in my third year of serving as the Criminal Law Teaching Assistant for the OBCL JD program. I do a some legal work here in Charleston, SC, but primarily I am in the non-profit world, where I direct Remember, a ministry to the widows and orphans of martyrs worldwide. If you would like to know more about me, feel free to visit my personal blog.

Here is the mentor breakdown for the first quarter:

Jenny - Legal Philosophy and Reasoning
Alex - Basic Principles of Counseling
Steven - Torts
Gabe - Contracts

You should have contact information for us in your letter from Professor Gundlach. If you don't, leave a comment and I will make sure you know how to get your questions to the right mentor.

Looking forward to working with you!

Apology (posted by Steven)

Alrighty everyone. I need to apologize for not posting anything further. I was confused as to the schedule as they have revised the program since I took it. It was my error in not confirming the schedule with the calendar Jenny sent me. I've been extremely busy with my new job, friends, relationships, studying, and everything just blew me away. I apologize.

I trust that you all did well on the exams. Good luck on your future plans, be they academic or career. I know that the skills and mental processes you have learned this past year will serve you well for whatever you do.

If anyone has any questions or wishes to discuss anything, please do not hesitate to contact me. I stand available.


Sincerely,
Steven Sanderson

The Limits of Training. (Posted by Gabe)

Today I got a dose of the limits of training, when it comes to applying that training in real life. I posted about it over on my blog, and you can read it here.

There's certainly something to be said for practical experience--if any of you have the chance to get that experience while you are in the midst of this program, I would certainly encourage you to do so.

Thoughts from Diplomacy. (Posted by Gabe)

Friends, I'm feeling your pain. As you are getting your feet wet in the world of legal writing, I am slogging (with already wet feet) towards accomplishing the biggest legal writing project I've ever tried. My Senior Seminar Paper, in its final state, will be between 30 and 50 pages. Right now it is at a couple pages of notes, a bunch of research, and a mind full of jumbled thoughts--thus the pain.

In my research for my particular topic, though, I read a book called "Arts of Power," discussing diplomacy in general. In the section on the skills of the diplomat, I could not help but see the parallel between diplomatic skills and the skills of legal writing. I thought I'd share those similarities with you.

"Ambassadors represent their chief of state and are empowered to speak authoritatively for their chief of government."

For your lawyer, this is important. For you, as a paralegal, it is especially important. Lawyers don't speak for themselves when they engage in legal writing--they must speak for the client. The lawyer is empowered to represent the client, and to speak authoritatively for that client, so the lawyer had better know what the client wants.

The paralegal must also speak for the client to be effective. What is even more important, though, is that the paralegal's writing must speak for the lawyer, too! The effective paralegal must have a solid grasp on the client's goals, and the lawyer's means to that goal.

The lawyer is the agent of the client, and the paralegal is the agent of the lawyer. As "Arts of Power" says, "The role of the agent requires the subordination of personal interests to those of the principal being represented."

"An agent must wield language with uncommon exactitude."

Even the slightest misstatement can wreak amazing havoc. Even worse, if you are unclear and give the wrong impression, the same thing can happen. Legal writing has to be both clear and accurate.

Even though the lawyer will actually sign the papers, these are often the job of the paralegal. If you draft the paper, you must do so with a full knowledge of the facts and the legal arguments that you are making. If you edit the paper, you must do so word by word, sentence by sentence, to verify that it is saying what you are trying to say. If you don't, you run the risk of major headaches later on.

"Diplomatic dialogue consists of exchanges of assessments, estimates, apprehension, preferences, options, intentions, commitments, reassurances, and verifications."

When I read these steps, I could not believe just how much they mirrored the legal process. From start to finish--from the initial asset check to determine whether a case is worth it, to the settlement negotiations or trial. The lawyer relies on the information from the paralegal to assess the case's value, estimate values, apprehend the opponents arguments, find the client's preferences, evaluate legal options, create plans and intentions, commit to a course of action, reassure the client and the opposing parties, and finally verify how everything will conclude.

The list could go on, but these nine steps are also vital in legal writing. Even as you begin your assignments, go through these steps consciously, from start to finish, and you will be well on your way.

America's Pastime, 1040 Style. (Posted by Gabe)

Every once in a while, friends, it can be quite a trip to step back and view old favorites through a novel lens. Take baseball, for instance. When was the last time that you thought about baseball in terms of income tax ramifications?

Ah yes, it is the stuff of final exams. And it's got the folks over at the WSJ Law Blog wondering how it will all turn out.

Tax Law Final Exam Question: Barry Bonds's Ball

Based on your studies this semester, what are your thoughts?

Ethics- Lessons 1-5 (Posted by Steven)

Alrighty. I shall attempt to break down ethics in this blog for you. Unfortunately, I did not have the foresight to obtain my textbooks out of storage this weekend (they are out of town) so I am working off the syllabus. I had forgotten exactly how little information was contained in it. However, with this course, hopefully you all should have the smarts to figure it out. It is pretty much common sense; however, the number one rule of life is "People Are Stupid." Unfortunate, yes, but due to this fact, the government was compelled to create a list of do's and do-not's to regulate attorneys and paralegals just to make your life difficult. Now, in lesson one, you learned that the government does not directly regulate paralegals. BUT, your supervising attorney (or general supervisor if you do not work in the legal industry) can and will be held responsible for your breach of conduct. This is an excellent incentive for you to do the correct and moral thing in your line of work. Most of the work in this course is contained in the textbook, under the Model RULES. These Rules are fairly straight-forward, so I suggest that you go through it and create an outline in a notebook with the main points. You all are pretty smart from what I hear, so hopefully you can take one phrase from the main points and soliloquize about them at length. I cannot stress how much this will bring together the rest of the course.

Now, about 75% of ethics can be summed up in one phrase: "Keep your stupid mouth shut." Yes, you are given permission to substitute any appropriate French adjective in place of "stupid." In any scenario, if you see someone blabbing off at the mouth, it should automatically scream "ETHICS BREACH!!!" in your mind. Plus, it helps that you will have a separate exam for this course, so you will know that you are looking for one. Do NOT discuss your cases outside the office; do NOT "share information" with a third-party regarding any case; do NOT speak with someone regarding a case, even a co-professional, without your supervisor's permission. Just keep...your...mouth...shut. If you do that, you have nothing to worry about.

In a breach of ethics, corrective action is determined, not by any paralegal oversight committe, and not by legislature, but by the state court system. Attorney's are not actually REGULATED by the ABA, but rather by the State Supreme Court. This is a common misconception in the secular world. The ABA merely provides guidelines, but actual sanctions and decisions stem from the Supreme Beings in the appropriate state. Therefore, any question about specific state-rules in an ethics situation will be found in the state Supreme Court's publications. This tid-bit of trivia knowledge will more than likely be tested on both the exam and the CLA.

As I do not have access to the textbook, I am unable to give guidelines on specific sanctions that may be placed on attorneys, but know that they are varied in both attitude and severeness. These are explained in detail in the text. I also suggest that you jot down an outline here titled "Sanctions for Breach of Conduct" and just make a list. It will be good to know them, and they will probably be tested as well.

Moving on to Unauthorized Practice of Law, commonly known as UPL. This is an interesting topic. What, exactly, constitutes the practice of law? Well, who knows? Attorneys have been around for several centuries, and they are still working that one out. But we DO know a few things. First, never, ever, EVER give a client ANY legal advice. This will unequivocally count. As a paralegal, you may be put in a unique position interacting with clients. As they get comfortable with you, they will tend to turn to you with their questions. You may answer questions about procedure- the next step the attorney is going to take, which forms are being filed, and all that stuff. But do NOT tell a client what to DO if it pertains to the legal system or to statute. You MAY suggest that they see a medical counselor, you MAY offer encouragement (however, do NOT state that they ARE going to win a case), and general hopes and suggestions along those lines. Do NOT tell them what to do with assets relating to a case, do NOT offer interpretations about the law, unless directed to do so by your supervising attorney. And if directed to do so, make absotively, posilutely sure that you remain within the strict guidelines given for that exact, particular situation by the attorney and do not stray from them.

The other areas that are well-defined about UPL are fairly clear: do not sign documents with your name, do not take depositions (your attorney will handle this and know (s)he has to anyway), and do not represent a client in court. Now, for those of you with friends representing themselves in a proceeding pro-se, they may turn to you for assistance because of your specific knowledge of the legal mysteries. This is a dangerous area to wade through. If you decide to assist them QUIETLY, you are taking too much risk, in my not-so-humble opinion. Because, if you slip, they can always blame it on you and get you for UPL. Do not let friendships stand in the way of your own professional safety.

Some states have a special certification as a Certified Legal Document Preparer. You might want to look into this. It allows for a certain amount quasi-legal work. Basically, someone comes to you and says they want to change their name or file for divorce or something. What you do is hand them the appropriate documents to fill out. Then they bring the completed docs back to you, and you file them with the court and publish any appropriate public announcement. It might be a viable supplement to look into. However, always remain on the alert to what you say. Again, NEVER GIVE ADVICE. (also, and duh, do not ever represent yourself as an attorney. Rather, always make it explicit that you are NOT one.)

Confidentiality: when you are interviewing a client, it is always wise to clearly state to them that any information they share with you will be kept secret between you and the office. This will break down at least a few barriers for the client and allow them to be more honest with you. Do not trust their Hollywood/Law & Order knowledge which they will bring with them. Make things clear from the beginning that what they say is confidential and will not be shared outside the office. Even if they admit that they did in fact murder someone, you still cannot broadcast that information. None at all, no matter how serious. This is known as the Attorney-Client privilege. Note it in your outline. Also, there is a Work Product privilege. This allows for all the attorney's documents to be protected against opposing counsel. Again, the rule holds: Keep Your Mouth Shut. When the client knows that you willnot AND cannot share the information they tender to you, you are ensured against obtaining inaccurate information. BUT, always hold to another premise: Whatever you are told is a lie. Always look for contradictions in clients' statements, and always attempt to verify facts independently. This will ensure that the attorney is fully informed as the facts so he doesn't look like an idiot later on. Pay attention to the chart given on page 6 of the syllabus.

People are stupid, and whatever you are told is a lie. These are the two most powerful weapons you can have in your arsenal when approaching any new situation. And your backup safety is the general consideration of Confidentiality. Keep this moral standard in your mind 24/7. Now, those of you that drink have to pay special attention to this rule. I have seen it personally more than once- a paralegal gets drunk, loses his inhibitions and doesn't know what he is doing/saying, and inadvertantly starts talking about the case weighing on his mind most at the time. You have a very special position as a paralegal with access to very special information; and this information should be very closely guarded. Decide for yourself if you can handle this risk.

On to a more practical area: Conflicts of Interest. This is a difficult one to discuss. Basically, any situation that will tear an attorney between two clients is a conflict. For instance, he cannot represent two opposing parties in the same proceeding; he cannot use knowledge obtained confidentially from his representation of a client against that client in the future; an attorney cannot be bribed (duh); cannot front funds for the client (except when working on contingency); etc. Again, without the aid of the text, this is a difficult topic to discuss. However, the text does cover this very succinctly. Take your notebook and create an outline of the nine specific conflicts brought up in the text and syllabus, and this time make a summary about them.

Solicitation and Advertising: two fairly separate and clear methods. In advertising, the attorney is allowed to put up posters, billboards, phone ads, ect. as long as he makes no specific representations to his clients. This is why all the advertising you see fluffs up the prior experience of the attorney- to give the public knowledge of who and what he is. However, he is refrained from saying things like "I win all divorce cases" and stupid things like that, and from making false statements (duh). Advertisements just must be extremely general.

Solicitations, on the other hand, are much more highly regulated. A solicitation occurs when the attorney or his agent initiate personal contact with a potential client, unilaterally. This is pretty much never allowed, it's really a form of victimization. The client must come to you, unless the person being solicited is family or a former client. These special relationships allow for direct approach of the attorney to the client. The rules governing solicitation, however, only apply to cases where the attorney will make money. If the attorney wants a case pro-bono because he has to get his hours in, he is allowed to go out and make that direct contact.

It's 2:30 am over here, so I am going to cut this off with lesson 5. Hopefully, this will allow at least a little clarification about the material. It is mostly common sense all conditioned and explained. I have attempted to give an overview, and supplement the syllabus, as opposed to breaking each lesson's individual components down. Please e-mail me your input as to this, any feedback will be appreciated as I have never done this before.

Steven

Quick Introduction (Posted by Steven)

Hello everyone! I thought that before I begin blogging (which I have never utilized this program before, so this will be a learning experience for me, so please be patient) that I would just post a short introduction about myself and background; just so you can rest assured that I'm not some wacko-nut that blows out any random orifice.

First off, I am a graduate of Oak Brook's paralegal program myself. I was actually in the same class as both Jenny and Alex. That was a privilege, let me tell you. We really learned a lot from each other and it would have been much more difficult to complete it without them.

After the paralegal program, I thought it prudent to follow through with the JD program; however, I was forced to withdraw in the middle of the second year due to other committments.

Currently, I am studying for my undergraduate degree online, as well as pursuing several professional certifications. The past three and a half years have seen me working as a personal lines insurance agent in my hometown. However, two months ago I moved on, packed my bags, and took a job right near Sacramento, CA. Presently, I am working for another independent agency primarily as a business coverage analyst while processing personal lines applications.

So that's my history. I must honestly say that without the skills I had learned at Oak Brook, I doubt that I would have this job. It entails reading contracts and forms up the wazoo, and interpreting them to ensure that our business clients have the appropriate coverages. It's not as simple as it sounds. And I'm only 22. So I feel very positive that, whatever career you may currently be in or potentially be placed, you will find at least some skills in this course are invaluable.

That to say, a little about my discussion method. I like it short and to the point, without all this froo-froo. I am also very pragmatic; this will probably come out at some point in the future, so do not let it take you by surprise. As you approach finals, I will also point out areas in the course where you should pay particular attention. Also, never, ever, EVER let this blogring be a substitute for the syllabus. Yes, the syllabus has lots of impractical information, but it also tells you pretty much what will be on the test.

So, that's pretty much me and it. Feel free to send any questions you may have at any time to my personal e-mail at lawhopes@gmail.com. I access it several times throughout the day, so I will get it. One request, if you remember, when you send an e-mail, please mark "OBCL" in the subject line so it will go straight to my inbox and flag my attention. I *can* get over 50 e-mails in one day, so doing so will make them stand out a little more. When I see that, it will go to the top of my priority list.

Have a great night!

Another Perspective (Posted by Jenny)

Hello everyone!

Can you believe you are so close to graduating?! As you finish out the last few weeks of your courses, I have a special bonus for you. In addition to Gabe & Alex, another great alumnus has made himself available to you.

A wonderful fellow paralegal alumnus (and former classmate of mine) has offered to give you the benefit of his input during the last few weeks of your quarter. I am so grateful for Steven Sanderson’s offer as during our paralegal class, he always gave me excellent advice!! I know you will be benefited by his involvement.

Steven can be reached by e-mail at lawhopes@gmail.com and would welcome your questions! Be watching for his posts on here as well!

Happy studying!:)

Legal Writing as Communication. (Posted by Gabe)

I've done a lot of study on communication, partly because it is necessary for what I do, and partly because I love it. I love it because communication is all about connection--connecting the communicator with the audience. What works in some cases will utterly fail with others! It doesn't matter how fluent you are, or how much work you have put into your communication, or even how skillful you are; if you don't connect, you have failed to communicate. That is why knowing your audience is such a critical part of communication.

Being a student of communication, I am often fascinated by the forms that communication can take. Communication has changed a lot in a short period of time. For instance, have any of you ever read the Federalist Papers? If you have you were probably--as I was--overwhelmed by the complex arguments and language. But those were written for New York farmers as the newspaper editorials of the day! If someone tried to write papers like that today, they would ultimately have a complete failure to communicate (sorry, Cool Hand Luke).

But I am often appalled to see the swing that we have made in the other direction. People today often don't, or can't, use even the simplest rules of grammar and punctuation. For instance, this blog tries to help students learn legal writing, but routinely violates basic rules of capitalization. That may be just fine if you are sending an Instant Message to a friend, but when engaging in any "real" form of writing it just makes you look uneducated or like you don't care about what you are doing.

Legal writing is a very specific form of communication, with a very particular audience. It is very different even than other types of legal communication--for instance, trial advocacy. Trial advocacy, talking to a jury, is all about telling stories, keeping the attention of laypeople who may be otherwise totally bored. Use to many big words, and you'll lose them. But if you try to tell stories to the judge in your legal brief, you'll be laughed out of court!

The other day, a member of my volleyball team found out that I was in law school, and proceeded to launch into a rant against the big words used by lawyers, and how everything should be more simple. I considered informing him that obtaining a Juris Doctor entitled me to use obtuse vocabulary to obfuscate the salient itemization of my exorbitant pecuniary demands, but thought better of it. But what is the appropriate use of complexity in legal writing?

To answer that question, I think we need to define the goals of legal writing. Depending on the type of document you are writing, the goal is either to persuade or to inform. Either way, legal writing must first be clear. Cases come down to very specific facts, and misstating those facts, or misleading the reader (either intentionally OR accidentally!) will cause the writer to lose credibility, and maybe even the case. Clarity also requires logical flow and organization.

Second, legal writing must be accurate. Clarity would be pointless if you clearly communicated a falsehood. There are certainly ways to artfully phrase negative facts, and effective advocacy requires the lawyer to use such art from time to time, but in the final analysis, the writing must be accurate. Accuracy also requires a certain element of completeness.

Finally, legal writing should be discerning. What I mean by this is that you should choose each word carefully. Using words that are offensive or can be misinterpreted has no place in good legal writing. If you offend someone, or if you give someone the wrong impression, you have detracted from the argument that you are making, and lost the link with your reader.

I told my friend about a modern movement called "Plain English for Lawyers." The basic premise behind the "Plain English" movement is that legal writing should not look any different than any other well-written document. Legal writing has a reputation for being full of meaningless repetition ("aid and abet," for instance), terms of art, and archaic grammar. These are certainly faults, and good legal writing has no place for terms like "heretofore" or "wherewithal."

But I would caution you against taking these considerations too far! Do not forget your goals in your quest to be simple. Always keep your audience and your goals in the back of your mind, and write with the persuasive power that comes when you communicate with clarity, accuracy, and discernment.

For More Information--

What is Really Wrong with the English Language?

Wikipedia on Legal Writing

CLA Exam Tips (Posted by Jenny)

Hello everyone!

For those of you with the CLA exam looming large on your horizon this month, I thought you might appreciate some advice from one who has sat for the boards and been there before you. For those of you who will not take the exam until December, read on and tuck this away for future reference!

I consider the CLA credential to be valuable and worth getting and maintaining. Obviously, the most important thing to an attorney is what you know and what you can do / learn, but I have found in my area (it may be different elsewhere) that the CLA credential is known and does lend some credence to your paralegal certificate. The law firms here will pay for the CLE needed to maintain certification.

Paralegals have different views on the CLA credential. Many successful paralegals do not have it and many do. But I believe it is valuable because it is nationally recognized, (and portable:) it lends credence to your paralegal studies, and since you have worked so hard to graduate with your paralegal certificate, why not take the final step and sit for the CLA exam?

1. Do not let the practice tests or mock exam scare you!

I don't know what the latest editions of the CLA study manuals are like, but the 2nd edition (the one I used to study for my 2005 exam) was very very difficult. I was almost in despair when I took the mock exam after completing all the reviews and practice tests and still got scores which I felt would not enable me to pass the actual test. However, when I asked another paralegal (who I consider much more brilliant than I will ever be) he told me that the practice exams were much harder than the actual exam and the scores I was getting were better than he had gotten pre-test. I found this to be very true - the practice tests were much harder than the actual exam.

As I said, I have not seen the 3rd edition of the review materials, but I am guessing that the same will still hold true. I have never found any test prep books that were easier than the actual exam.

So if this has been upsetting you, be encouraged!

2. The last few days before the exam

What you do the week of the exam studying - wise is very important. I know everyone's situation is different and you may have to cram because of unavoidable situations, but if it is at all possible I would advise against it.

Each of us will prep for an exam differently. I am sure you know yourself and what would be beneficial / not beneficial for you to do the last few days before a big exam. One person I know took the portions of the mock exam that she would be taking the next day the night before. Another person I know laid aside the books after taking the mock exam at the beginning of the week of the exam. What you do is up to you. Just remember: do not make yourself more stressed than you already are. Avoid cramming / over studying - they will most likely make you miserable.

I personally took the mock exam the week of the CLA exam and did not study for the rest of the week. I had not planned on doing that. I had wanted to take all the practice tests over again, but wasn't able to because of work (plus the fact that I was battling major exhaustion / mono). This turned out to be the best thing I could have done. It enabled me to relax and come in to the exam rested.

So decide what you need to do and what would be most beneficial for you. Just like an athlete, the last few days before the "big race" are very vital to success or failure.

3. Get plenty of sleep the night before the exam!!

I cannot emphasize this enough. The CLA exam has been likened to the Bar exam in regards to difficulty and stress. It is a very long and draining 2 days. You will need to be at your best. Adequate sleep plays a big role in that.

4.The first day of the exam

One of the things that I will always be grateful for is that I went out for breakfast with a friend that made me laugh and eat a good breakfast. This helped calm my nerves and fortify me for the long day ahead. Also, make sure you arrive at the testing center early so you have plenty of time to get a seat, sign in, etc.

5. During the exam

You will have adequate time during the exam. You will not have ample time, but you will have adequate time. It is very important that you budget your time well in order to complete all sections in the time allowed.

Work through the questions steadily. Don't stop and stare at one too long. If the answer doesn't immediately come to mind, either pick the most likely choice or leave it blank and go on. You can come back to it later. This is especially important in the General Law section where you will have an hour and a half to work through 5 exams. All I remember about that hour and a half of the exam was filling in answer bubbles frantically.:)

Remain focused!!

In the section where you have to write a memorandum, it is especially important to not panic or get distracted. I remember vividly laying my pencil on the table and asking the Lord to help me write the next line. I finished my memo right before the time was up. I couldn't believe I had actually written a complete memo and finished in an hour!! God is good.

6. After the exam

When you have laid your pencil down for the last time and left the testing center, do your best to leave the exam behind you. You did your best, and that is all you can do. For better or worse, it is done and in the Lord's hands. If you get the results and find out you have to take a section over, take it over. The exam admin told all of us that the only thing to be ashamed of was not coming back and re-taking sections. Even the author of the review materials had to re-take parts of the exam!

I hope all of the above is helpful. Feel free to e-mail or call me and ask any CLA questions you want. Many blessings on your exam, we'll be praying for you, and please let us know how it goes!!

Prayer Request. (Posted by Gabe)

Hi friends--

I am heading out of the country early tomorrow morning for a missions trip as a part of my work with Remember. We'll be over there for 10 days, doing medical work for the children in the Freedom House Orphanage in the Mae La Refugee Camp.

Please pray for safety, strength, and the presence of God's Spirit to go with us!

If you'd like to stay "in touch" with the trip, please feel free to follow along at Remember Ambassadors.