I'm working on the motion for downward departure. I draft the remainder of the article by referring to an old one that my supervisor has done, and then I'll send a first completed draft to her for revision. She may or may not send it back to me to fix, depending on how close my writing is to what she wants. The back and forth is much like the editing process, and to to good degree, it is. I am always relieved that my supervisor reviews my drafts directly, it is such a relief to know that my attempts at legal documents won't ever make it out of the office without her approval, and when I get the document I can see what was needed and why, and also what statutes were relevant in the cases.
This document alone will probably get close to the twenty page requirement for this internship, and will demonstrate my evolving knowledge of professional, legal writing. The biggest thing I am learning in the process of writing a motion for downward departure is the purpose of the document. I had never written a motion for downward departure before, but most legal documents resemble each other in that they use the same template--you just tailor the content to fit each unique case.
In this situation however my supervisor has given me a previous motion for downward departure for a criminal case that I can model this document off of, so I know the sections, the whats and whys, and all that is left is to figure out how. The facts are different, and in the Statement of Facts I didn't have to use any specialized legal knowledge until the end of that section and the sections beyond, so I could write the way I would write a persuasive essay about literature, which was a nice break from figuring out how to compose something in a legal work.
In addition to this motion for downward departure, I am drafting a collection letter to be submitted in Small Claims Court. This is much harder because I haven't found a template for this so I'm unsure of the format. Letters in law are easier--the goal of this type of document, and really with any type of legal writing, but especially this one, is to cover your butt. Correspondence letters are proof that you have done something on behalf of your client: it details what you have done, what you may be doing in the future, your client's acknowledgment of your actions and correspondence, and what is to be expected as a result. For this client, a business, customers owe money for services and have not paid. The company hired us to write collection letters stating that we will take legal action if the customers fail to pay. That was in July, and most of the customers have since paid. Our client intends to pursue the customers who haven't paid in Small claims Court, using this office as representation. So we will file that complaint to get the ball rolling. This seems to be a more typical task for an attorney, so I like this assignment as much as the other, more unusual cases too.
Maybe this somewhat explains why my supervisor called this job a "first year legal education."
Thursday, December 31, 2009
Wednesday, December 30, 2009
Post #6
Today I finished reviewing the binder of investigation and this is the final binder in this case that I need to review.
As of 1:00 today I was temporarily done with summarizing investigation. Now I am drafting a Motion for Departure for another defendant whom I met this summer in another case. This person had no history of criminal convictions, and his medical conditions make sentencing him pretty difficult. He is convicted of a drug related crime, which he plead to and helped the officers arrest other people who were involved in the drug situation with him. as it is, he won't receive the full length of his sentence or pleading guilty and cooperating with law enforcement, but we think that his health, age and his family should be taken into consideration in his his final sentencing. We wish he would get home confinement, but as his case is drug related, he is facing as long of a sentence as the defendant whose case I was just reading and summarizing up to this point! If this person is prosecuted to the fullest extent of the law, I don't think he will survive jail time. I really thought my English skills were applicable in this assignment, especially in the Stipulation of Facts section in which I describe his medical and family situation, as well as some background about the client. I emphasize what I think would appeal to the judge's pathos, of course, because this section of the document is the introduction and is not supposed to have any law until the end of it, in order to make a smooth transition to the remainder of the motion.
This assignment has shown me the importance of keeping templates on file. As I have no law education yet, I normally refer to previous things I wrote over the summer and items the paralegal and my supervisor have written that are similar to what I am writing in order to get a feel for how to present the relevant facts. I remember telling my supervisor about how I look forward to having the background in law that would familiarize me with these things, and she laughed. She said every day of legal work is like what I am experiencing, so having rough drafts and templates on hand are essential to writing legal documents.
I guess I will always be doing something I am not familiar with, as every case is different.
As of 1:00 today I was temporarily done with summarizing investigation. Now I am drafting a Motion for Departure for another defendant whom I met this summer in another case. This person had no history of criminal convictions, and his medical conditions make sentencing him pretty difficult. He is convicted of a drug related crime, which he plead to and helped the officers arrest other people who were involved in the drug situation with him. as it is, he won't receive the full length of his sentence or pleading guilty and cooperating with law enforcement, but we think that his health, age and his family should be taken into consideration in his his final sentencing. We wish he would get home confinement, but as his case is drug related, he is facing as long of a sentence as the defendant whose case I was just reading and summarizing up to this point! If this person is prosecuted to the fullest extent of the law, I don't think he will survive jail time. I really thought my English skills were applicable in this assignment, especially in the Stipulation of Facts section in which I describe his medical and family situation, as well as some background about the client. I emphasize what I think would appeal to the judge's pathos, of course, because this section of the document is the introduction and is not supposed to have any law until the end of it, in order to make a smooth transition to the remainder of the motion.
This assignment has shown me the importance of keeping templates on file. As I have no law education yet, I normally refer to previous things I wrote over the summer and items the paralegal and my supervisor have written that are similar to what I am writing in order to get a feel for how to present the relevant facts. I remember telling my supervisor about how I look forward to having the background in law that would familiarize me with these things, and she laughed. She said every day of legal work is like what I am experiencing, so having rough drafts and templates on hand are essential to writing legal documents.
I guess I will always be doing something I am not familiar with, as every case is different.
Tuesday, December 29, 2009
Post #5
I'm continuing my review of the investigation into the most recent binder of findings. Something I've noticed as I have read is facts can be presented very well in a case, but may not be as accurate as they should be, especially when it concerns allegations of a criminal nature against someone. In other cases, I've noticed this as well. This job has become somewhat of an editing internship so far--I double check the investigation and related material, such as Grand Jury proceedings, for inaccuracies and to see if the facts match up. Before this internship began, I thought in the legal system that people would be much more thorough, but, as my work so far has proven, this is not always the case.
Which is a pretty scary thing to say. Literally, I am reading slapped together testimony and evidence that prosecution has put together that hardly applies to this defendant. I realize that there is a lot of it, but--ever hear the saying quality over quantity? Now this evidence could convict half of the West Virginia defendants fairly easily, but our defendant was a full state away and isn't even mentioned in the majority of this material. I've narrowed it down from binders full of paper four inches thick to a few pages so far. I'm getting the impression that some of these charges should never have the defendant's name on them. Some of them are arguable.
I see the point of all of this. This is how this office whittles away at the charges, because those mistakes could cost the prosecution. An investigation needs to be airtight, and the actions of the other defendants in this case can impact the person we represent. It's just a shame that no one originally was careful enough to realize that this person may not qualify for some of the charges. In the end, his reputation and his wallet suffer.
Which is a pretty scary thing to say. Literally, I am reading slapped together testimony and evidence that prosecution has put together that hardly applies to this defendant. I realize that there is a lot of it, but--ever hear the saying quality over quantity? Now this evidence could convict half of the West Virginia defendants fairly easily, but our defendant was a full state away and isn't even mentioned in the majority of this material. I've narrowed it down from binders full of paper four inches thick to a few pages so far. I'm getting the impression that some of these charges should never have the defendant's name on them. Some of them are arguable.
I see the point of all of this. This is how this office whittles away at the charges, because those mistakes could cost the prosecution. An investigation needs to be airtight, and the actions of the other defendants in this case can impact the person we represent. It's just a shame that no one originally was careful enough to realize that this person may not qualify for some of the charges. In the end, his reputation and his wallet suffer.
Monday, December 28, 2009
Post #4: Internship At Midway Point
My 80 hours of internship and the projects I've done are focused mainly on the largest case McArdle Law Office has right now. I've thus far reviewed roughly three years worth of investigation, summarizing our defendant's conduct and actions relevant to one of the counts of the indictment (one of his charges). I've also compiled an Excel spreadsheet on all of the defendants in this case who have plead to certain charges, and what those charges are (stipulation of facts) and when each defendant plead to their charges. Today I'm working on composing a calendar that defines when our defendant was doing certain things to match up with his actions claimed in the investigation, and I'm going to add in the conditions of bond to the Excel spreadsheet on all of the defendants who have plead. On top of that, I'm probably going to be reviewing the case and doing a couple o extra things for other open cases.
The spreadsheet really helped me understand what a plea bargain does for a defendant. If you plea to a charge, you can likely be granted immunity for all of the other charges against you, which means that the prosecution won't charge you for the other things that you have done wrong as long as you agree that you are guilty to some things and provide a fact sheet that can implicate other defendants. Do I agree with this? For serious crimes, not at all. I think this is great for drug related crimes, however, because in West Virginia drug sentences are petty serious--if you're going to commit a crime in West Virginia, avoid the drug stuff. A plea to a drug crime is still going to result in serious sentence, but implicating other people can bring an entire drug ring down and rid a community of a number of problems. In this case, I think co-defendants are going to be let off of the hook for the most part. I can see how pleas save the court money and time, lots of it, but immunity for some of these charges, and bail? That's ridiculous, in my opinion. if these defendants are half as guilty as their charges, they shouldn't be allowed out because they agreed to one or two of them.
In everything I do, one of the major goals is to define exactly what is relevant to our defendant, for if there is a charge that may not apply to the person we represent, we have a point to argue. In the writing process, I can better learn how allegations, no matter how well they may be backed up, are not necessarily factual, though persuasive writing may make it appear that way. At the end of this internship, I want to be able to discern fact from well written legal allegations, and have writing gain the persuasive characteristics common to legal documents while remaining concise. I think that at least my thought processes, as reflected in my writing both on the job and in my blog posts, is starting to show new understanding and my arguments are taking better shape.
The spreadsheet really helped me understand what a plea bargain does for a defendant. If you plea to a charge, you can likely be granted immunity for all of the other charges against you, which means that the prosecution won't charge you for the other things that you have done wrong as long as you agree that you are guilty to some things and provide a fact sheet that can implicate other defendants. Do I agree with this? For serious crimes, not at all. I think this is great for drug related crimes, however, because in West Virginia drug sentences are petty serious--if you're going to commit a crime in West Virginia, avoid the drug stuff. A plea to a drug crime is still going to result in serious sentence, but implicating other people can bring an entire drug ring down and rid a community of a number of problems. In this case, I think co-defendants are going to be let off of the hook for the most part. I can see how pleas save the court money and time, lots of it, but immunity for some of these charges, and bail? That's ridiculous, in my opinion. if these defendants are half as guilty as their charges, they shouldn't be allowed out because they agreed to one or two of them.
In everything I do, one of the major goals is to define exactly what is relevant to our defendant, for if there is a charge that may not apply to the person we represent, we have a point to argue. In the writing process, I can better learn how allegations, no matter how well they may be backed up, are not necessarily factual, though persuasive writing may make it appear that way. At the end of this internship, I want to be able to discern fact from well written legal allegations, and have writing gain the persuasive characteristics common to legal documents while remaining concise. I think that at least my thought processes, as reflected in my writing both on the job and in my blog posts, is starting to show new understanding and my arguments are taking better shape.
Friday, December 18, 2009
Post #3: Internship Now
Including today, I've completed 48 hours worth of my internship--92 hours to go! I've moved on from reviewing and summarizing the case to summarizing conduct relevant to one of the counts on the indictment. I wish I could go into more detail! I think I may be able to, but I don't want to find out too late that I shouldn't have put something online when I already have. I've found a lot of co-defendants that say things about our defendant, but very little concrete proof, such as a money or paper trail. To be honest, I'm starting to understand that although over five years of investigation, including recordings and testimony from undercover informants, may look convicting, the prosecution has little to go on regarding our defendant--he's not even in the same state as this activity! Furthermore, they are alleging that this club is a criminal organization, which is an unfounded generalization and we can simply say what the group's intended purpose is and it's our word against the prosecution's. What can they do from there?
Yesterday my supervisor handed me an appeal of and motion for de novo (over again) review of the magistrate's ruling to the revoke bond issued by the district of Maryland to read over so that I'll know how to write it when and if she should ask me to in the future. Did I mention that I'm learning bits and pieces of Latin?
I think a component of this case that I may not have been as aware of in other cases are ethical implications of criminal defense. When I tell people that I am interning for a law office that deals with lots of criminal defense cases, they are often skeptical. I normally hear something along the lines of, "I bet you deal with all sorts in that field," or, "Why would you want to defend criminals?" which is interesting to me. The more I deal with this and other criminal cases at the office, the more I see that the category "criminal defense" is as condemning as people's attitudes about that branch of law. Granted, there are guilty criminals, but more often than not (in my experience), the "criminal" is not as guilty as he or she seems. When people ask me, "why did (defendant) get away with such a low sentence? It's obvious that he/she did it." Well, no, it's not. Imagine how skewed our justice system would be if we allowed hearsay or incomplete evidence, or assumptions into the courtroom. Our legal system isn't perfect, but I'm beginning to see it as a justice system constantly under construction. Every case that comes before the court is a way to push for continuous improvement in the legal system. Although it is not foolproof, there should not be an exception to, "innocent until proven guilty--" however unpopular a defendant may be, our rights, thank goodness, are universal to all citizens of our country.
For some background, I looked up a video that was featured in a TV series on YouTube about the group that this case is about. Hopefully I'll be able to put that in my internship presentation at the end of this coming semester, seeing as that video is public record--anyone can see it. I'm beginning to understand that in order to ensure the accuracy and purpose of each assignment fully, I need to know what the context is, and although I have plenty of that in my reading, watching the allegations from other points of view can help me learn how the prosecutor may take this case and respond accordingly in my writing. Ultimately, I become more persuasive from learning the facts of the case background and other people's points of view.
Either way, I know that this case will still be ongoing after spring semester, so until my boss okays it, I will just have to discuss general parts of assignments. Sorry!
Yesterday my supervisor handed me an appeal of and motion for de novo (over again) review of the magistrate's ruling to the revoke bond issued by the district of Maryland to read over so that I'll know how to write it when and if she should ask me to in the future. Did I mention that I'm learning bits and pieces of Latin?
I think a component of this case that I may not have been as aware of in other cases are ethical implications of criminal defense. When I tell people that I am interning for a law office that deals with lots of criminal defense cases, they are often skeptical. I normally hear something along the lines of, "I bet you deal with all sorts in that field," or, "Why would you want to defend criminals?" which is interesting to me. The more I deal with this and other criminal cases at the office, the more I see that the category "criminal defense" is as condemning as people's attitudes about that branch of law. Granted, there are guilty criminals, but more often than not (in my experience), the "criminal" is not as guilty as he or she seems. When people ask me, "why did (defendant) get away with such a low sentence? It's obvious that he/she did it." Well, no, it's not. Imagine how skewed our justice system would be if we allowed hearsay or incomplete evidence, or assumptions into the courtroom. Our legal system isn't perfect, but I'm beginning to see it as a justice system constantly under construction. Every case that comes before the court is a way to push for continuous improvement in the legal system. Although it is not foolproof, there should not be an exception to, "innocent until proven guilty--" however unpopular a defendant may be, our rights, thank goodness, are universal to all citizens of our country.
For some background, I looked up a video that was featured in a TV series on YouTube about the group that this case is about. Hopefully I'll be able to put that in my internship presentation at the end of this coming semester, seeing as that video is public record--anyone can see it. I'm beginning to understand that in order to ensure the accuracy and purpose of each assignment fully, I need to know what the context is, and although I have plenty of that in my reading, watching the allegations from other points of view can help me learn how the prosecutor may take this case and respond accordingly in my writing. Ultimately, I become more persuasive from learning the facts of the case background and other people's points of view.
Either way, I know that this case will still be ongoing after spring semester, so until my boss okays it, I will just have to discuss general parts of assignments. Sorry!
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