TOP 20 THINGS EVERY LAW GRADUATE NEEDS TO KNOW…

HOW TO DO

John AmmannDirector of SLU Law Clinic

Tricia HarrisonAssistant Clinical Professor

The Evolving Art of Practice ReadyWhere did this come from?How did the question “evolve?”ABA Task Force on Law Schools

and the Profession: Narrowing the Gap◦requirement of practical skills

coursesMcCrate ReportCarnegie ReportChanging legal marketplace-

crash of 2008

What do students need to knowMcCrate Report

◦Very specific areas◦Specific knowledge◦Understanding◦Awareness◦appreciation

Example of McCrate Report Fundamental SkillCounseling

◦“understanding of the various ethical rules and professional vales that shape the nature and bounds of a counseling relationship between layer and client”

◦This is knowledge

Another exampleAppellate

◦An understanding of the processes for taking an appeal including The types of factors that should be

considered in deciding whether to take an appeal

Once that decision is made, the analytical processes for identifying the range of issues and selecting those to be raised

Various skills, concepts and processes required for effective written communication

Where is the skill?How do you find, fill out and file a

Notice of Appeal?What do the local rules say is

required in the actual brief?Record on appeal?How to read a transcript and

create a statement of facts from the record?

How do you e-file?

Example of McCrateCommunication:

◦Presenting one’s ideas or views with precision, clarity, logic, and economy;

◦Choosing appropriate terms, phrases, and images

◦Applying the mechanics of language (grammar, syntax, punctuation) in an effective manner,

◦Attending to detail (proof reading)

How do you do this?ExamplesObservationDiscussionSkillsPracticeReal live experienceThis can be done in every class

not just clinics!

Top 10 Skills our alums think every graduate should know HOW to doSurvey of 100 alums

◦Limitations Litigation heavy Civil practice Small firms Less than 10 years in practice Most had taken clinic during law school All stayed in St. Louis or Missouri metro

area

Top 10: Number 1

Communication“The ability to communicate with clients

cannot be stressed enough.” (comment from responder)◦How to effectively and appropriate

communicate in both written and oral form with: Judges Opposing counsel Partners Staff (including paralegals and how to use them

effectively) clerks

Comments from recent gradsClient letters

◦ plain English◦ Purpose of communication◦ When court is and the importance of being there◦ List of things to do◦ Deadlines, etc

Letters to opposing counsel & other professionals◦ Oral communication with opposing counsel

“how to deal with the obnoxious, bellicose, a**hole on the other side”

Biz lettersEmail communicationPunctuation, grammar and spelling, clarity

Comments regarding communication continued

How to find resources ◦“good language” from other

attorneys work◦Forms prepared by local bar/practice

manualsAsking for helpHelping students know their

strengths and weaknesses in communication

Practice, practice, practice

Top 10: Number 2

Knowing the Rules of Procedure, how to find them and apply them◦Including the local rules of different

jurisdictions The skill of drafting documents related to

those rules Complaint Petition Answer Discovery requests Bill of particulars

Top 10: Number 3

Negotiations skills◦How to resolve conflicts (with clients

and opposing parties)◦How to settle a case

Including drafting a settlement agreement

◦How to draft “attempt to resolve” letters

◦Mediation statements◦Doesn’t have to be a separate class,

should be discussed throughout

Top 10: Number 4

Interviewing and Counseling skills◦Clients

“From first phone call/meeting to signing the fee agreement”

How to gather information How to analyze the information How to provide options How to deal with difficult clients

◦Witnesses How to gather information How to take notes Affidavits Preparation for depos/court

Comments from recent grads“Client counseling needs to

include the ethical dilemmas that arise and how to apply the ethical rules”

How to manage client expectations◦“all clients want to know 1). how

much, 2). how long and 3). what are the next steps. We must teach how to anticipate these questions and answer them before it comes up.”

Top 10: Number 5

Depositions◦Plan it◦Organize for◦Prepare witnesses for◦Defend

Top 10: Number 6

Oral skills◦Overall presentation skills

How to present to different groups Clients Courts juries marketing

◦Opportunities to present information is important

◦Motion argument◦Argue to trial judge◦Appellate court◦ Jury trials

Top 10: Number 7

Direct and Cross Examination of a witness◦The actual skill◦How to organize it◦What questions to ask◦How to ask it◦When to not ask a question◦When to stop

Top 10: Number 8

Drafting documents◦Complaints◦Motions◦Settlements

Including “attempt to resolve letters”

◦Transactional documents Contracts Real estate agreements Business deals

Comments“Each course should contain a ‘how to’ section.

Such as, draft a contract in Contract Law. In Civil Procedure, view and complete normal forms in a civil case. Have the students use Missouri Practice to find and create forms needed everyday in the real world.”

“The number of lawyers who graduate law school without ever having drafted a law suit should rightly leave the public bewildered and asking: ‘How can you graduate from law school if you've never drafted a law suit?’, or, alternatively, ‘If they didn't teach you how to draft a law suit in law school, what DID they teach you?’"

Comments“One of my first assignments was

to draft an amendment to a sale contract. I had no idea how to do this. I was also assigned to work on a closing checklist. I had no idea how to do this and had never even seen a closing checklist before. I had very little transactional drafting instruction in law school.”

Top 10: Number 9Organization, Work Ethic, time

management◦Soft skills◦Not fixing the problem for them

when they are stuck◦Accountability◦Problem solving◦Setting high expectations ◦How do you juggle it all

Top 10: Number 10Thoroughness of research

◦Where to start◦When to end◦Appropriate cases to use◦Practice, practice, practice

You cannot just teach this first year in LRW

Must have them continue to practice the skills throughout their three years

Comments “Versatility in different research formats is highly

important and not focused on enough in law school. Many new attorneys start out on their own or join small practices where they do not have access to Lexis Nexis or Westlaw, and they have to utilize other avenues of research, so it would be helpful to know how to find and navigate these free or less expensive programs.”

Knowing how to do complete research without breaking the clients' budget.

How to use Missouri Practice set.

how to access non-traditional research.

USING SKILLS TO TEACH THE LAW AND SOCIAL JUSTICE:

“Show and Tell”, not “Tell and Show”

LitigationEntry of Appearance

◦ Traffic CaseElectronic Filing/Filing New Cases

◦ Learning JurisdictionDraft a complaint

◦ Demand letter first?◦ Divorce

Discovery ---- electronic◦ Toxic torts

Draft a Motion ◦ For Change of Judge◦ To Suppress

Draft a Judgment◦ Medicaid lawsuit

TransactionsDraft an Agreement

◦Representation Agreement◦Settlement Agreement in a class action for the

homelessDraft a Power of Attorney

◦For a member of the militaryDraft a Will

◦For a person with AIDSDraft a business formation document

◦For a minority owned business

CUSTOMIZING YOUR SKILLSState Bar Exam TopicsState Bar CLE GoalsNeeds of EmployersNeeds of ClientsNeeds of SocietyInterests of Students

Comments from alum“In my first time in court after I graduated, I

could not find a job, and a friend of mine asked me to help him with a speeding ticket. I told him to come to Court dressed in a suit, and I would take care of it. When the prosecuting attorney asked me ‘Have you filed your entry?’, I looked at him like he was speaking Mandarin Chinese. How could my law school have failed to teach me about the existence of something SO BASIC? What an embarrassment. Kids should not have to learn of such a basic legal document in Court and be ‘schooled’ in front of a client by the opposing attorney”

There’s Plenty of Time3 years84 weeks1,260 hours

Show and TellAnd Show Again