I checked out my hours and activities log today, and it looks like 90% of my work revolved around the one big case and its investigation. Really, that was a huge part of my internship. I found that a much more valuable component of my understanding, however, was the criminal drug case. I saw the events as I was writing and submitting them, which reinforced the cause and effect of my writing and gave me purpose to everything I did. I was asked to return for the summer, and when I do, I'll see what happens in the motorcycle club case because the hearings are scheduled for then.
I learned the basic criminal defense procedure, as evidenced by my summary of the case. I saw the end result, which I was happy with. Most importantly, I became emotionally involved in this case. I met the defendant a couple of times when he arrived for consult, and tried to contact him over the summer when he was delirious in the hospital. I saw that he was no threat to society and it made my writing on his behalf all the more persuasive. So my final lesson was the importance of your relationship with the client, which ultimately gave my writing the edge it needed for my supervisor to edit virtually nothing and bring sentencing level down nine levels to home confinement. I can't claim too much credit for this, but I can see that what I wrote played a part, which is hugely rewarding in itself.
Sunday, January 10, 2010
Friday, January 8, 2010
Post #11
Today is my final day at McArdle Law Office--at least for a while. I may return and work on Martin Luther King, Jr. day when we don't have school, but t will depend on if I have any club/extracurricular stuff going on that day or not.
Today I am going to finish a summary of the drug case that I actually have seen from beginning to end, a criminal case that I have had a lot to do with. It is one of the first cases where I completely understand what happened and why in the legal proceedings.
Today was pretty neat. I was able to write about the direct influence our representation had on the outcome of a case. I believe justice was properly served. This man was given the opportunity to recuperate from the series of medical problems we outlined in his motion, while still paying the price for his crime.
It felt so much easier to write this document because I knew where I was going with it, but my difficulties in legal writing aren't as prominent as they were when I first began here at the office. I now look at legal writing as a series of objectives, and make a "To Do" list of sorts to cross out each point when I make it in my writing. I write the essentials don first, then add the minor details, and I feel like I've accomplished the proper techniques of legal writing: be concise, and address each aspect of the case that is central to the argument.
Today I am going to finish a summary of the drug case that I actually have seen from beginning to end, a criminal case that I have had a lot to do with. It is one of the first cases where I completely understand what happened and why in the legal proceedings.
Today was pretty neat. I was able to write about the direct influence our representation had on the outcome of a case. I believe justice was properly served. This man was given the opportunity to recuperate from the series of medical problems we outlined in his motion, while still paying the price for his crime.
It felt so much easier to write this document because I knew where I was going with it, but my difficulties in legal writing aren't as prominent as they were when I first began here at the office. I now look at legal writing as a series of objectives, and make a "To Do" list of sorts to cross out each point when I make it in my writing. I write the essentials don first, then add the minor details, and I feel like I've accomplished the proper techniques of legal writing: be concise, and address each aspect of the case that is central to the argument.
Thursday, January 7, 2010
Post #10
I am summarizing medical records and the remainder of the case for which I wrote the Motion for Downward Departure and/or Variance (the drug case). My supervisor thought this might be a good assignment that focuses more on English writing but incorporates law and how I saw the case to evolve over the past few months.
Beginning with the indictment, I outlined the charges, the situation, the pleading, and the original sentence, then added the medical summary and the family situation as factors for downward departure or variance. I didn't have a template for this assignment; it was more like writing an essay that reviewed an old case, but it pulled all of the components of the case into one single chain of events, which was very helpful to me.
The best part about this writing is that this is the first case I have been able to watch develop from the beginning to the end-- my supervisor is taking me along to the sentencing today to see how well my motion for downward departure did with the court! So after I get back I will finish this document, and I'll have a comprehensive review of everything that happened in the first case I've ever followed through from start to finish! I also get to see how well I wrote the document and if this defendant receives his downward departure/variance he desperately needs. My supervisor told me that it is possible that he could get prison time but also possible he could be on home confinement. I'm hoping my assistance with this writing results in the latter.
Our defendant received a nine level departure from his standard level of sentencing and was granted home confinement, which is apparently unheard of according to my supervisor. The document she had given me as a template had resulted in that defendant only receiving a two level departure in his case, which tells us that we did really well, and our defendant's age and fragility were considered in his sentencing by the judge. Instead of being escorted to prison, this man got to return home with his family. He has a grandchild on the way, who will happy to get to know his grandpa.
To give me a break from all of that, I was assigned a different task. I drafted a summary of medical records for a domestic case that was not particularly pleasant. We represent the plaintiff. The real issue in this case is alternate causation--if we can establish that the defendant caused the medical issues, we can probably win the case. Unfortunately, nothing that I read or summarized could definitely prove or disprove anything.
I ended up running an errand today to complete another task I was assigned because he fax machine was not working correctly today. I had to pick up some records that would alter child support payments in a divorce and draft a letter that illustrates the issues, citing the final order in the divorce and the statutes listed in the final order to make a strong persuasive base for the change in child support.
Beginning with the indictment, I outlined the charges, the situation, the pleading, and the original sentence, then added the medical summary and the family situation as factors for downward departure or variance. I didn't have a template for this assignment; it was more like writing an essay that reviewed an old case, but it pulled all of the components of the case into one single chain of events, which was very helpful to me.
The best part about this writing is that this is the first case I have been able to watch develop from the beginning to the end-- my supervisor is taking me along to the sentencing today to see how well my motion for downward departure did with the court! So after I get back I will finish this document, and I'll have a comprehensive review of everything that happened in the first case I've ever followed through from start to finish! I also get to see how well I wrote the document and if this defendant receives his downward departure/variance he desperately needs. My supervisor told me that it is possible that he could get prison time but also possible he could be on home confinement. I'm hoping my assistance with this writing results in the latter.
Our defendant received a nine level departure from his standard level of sentencing and was granted home confinement, which is apparently unheard of according to my supervisor. The document she had given me as a template had resulted in that defendant only receiving a two level departure in his case, which tells us that we did really well, and our defendant's age and fragility were considered in his sentencing by the judge. Instead of being escorted to prison, this man got to return home with his family. He has a grandchild on the way, who will happy to get to know his grandpa.
To give me a break from all of that, I was assigned a different task. I drafted a summary of medical records for a domestic case that was not particularly pleasant. We represent the plaintiff. The real issue in this case is alternate causation--if we can establish that the defendant caused the medical issues, we can probably win the case. Unfortunately, nothing that I read or summarized could definitely prove or disprove anything.
I ended up running an errand today to complete another task I was assigned because he fax machine was not working correctly today. I had to pick up some records that would alter child support payments in a divorce and draft a letter that illustrates the issues, citing the final order in the divorce and the statutes listed in the final order to make a strong persuasive base for the change in child support.
Wednesday, January 6, 2010
Post #9
I am continuing my work on the Motion for Summary Judgment I have been assigned. I can see that the plaintiff really has a case, but not against our defendant. The company we represent is a job searching company, who pairs people up with employment positions. They have no jurisdiction over what that employer does, because the employer doesn't work for them. So they are not liable for the damages. Everything that occurred that hurt the client in some way resulted from the situation within the customer's employment, and not the job searching company, so that eliminates causation. The job searching company did everything in it's power to help the plaintiff find suitable employment, which is all it is supposed to do, even after the plaintiff filed suit against them, so there cannot be any damages from this company. The plaintiff has no case.
It's amazing that when you strip away everything, that's the argument in a nutshell. This is always what I have learned is best for a legal argument. Make the argument as simplified as possible while addressing all of the elements, then add to it the details of the case, like situational background and examples and the applicable statutes. All of this becomes support for the argument in the submitted final document.
It's amazing that when you strip away everything, that's the argument in a nutshell. This is always what I have learned is best for a legal argument. Make the argument as simplified as possible while addressing all of the elements, then add to it the details of the case, like situational background and examples and the applicable statutes. All of this becomes support for the argument in the submitted final document.
Monday, January 4, 2010
Post #8
I'm in the final week of my internship. I have worked 112 hours and have 28 hours to go. After I finished drafting the complaint, the correspondence letter, the motion for downward departure, and additional summary of investigation, my supervisor gave me a different assignment. This time, I am writing a Motion for Summary Judgment for a civil case. A person has filed a complaint about certain business practices and misconduct, and we represent one of the businesses. The purpose of this motion is to show that neither party argues the facts of the case, and as such the court should review it and see if the company we represent is liable for the damages that were allegedly caused by the business, and since the plaintiff has not said what the business should do because of the actions of another business, we would lik to move for dismissal of this defendant. As with every assignment I have at MacArdle Law Office, I am expected to review a previous document similar to what I will write and alter it as a template in order to compose the draft. I like this assignment because I have to do a lot more thinking and formulate my own arguments, instead of following the direction the case is heading. I read over the testimony for liability, causation, and damages--I have to prove that this business is responsible for the damages, caused the damages, and figure out what exactly the damages are, which is something that even the plaintiff doesn't say. That is really my template. The most effective argument for this case, and for lots of civil cases, is to stick with those three points.If these can be found,than the plaintiff has a case. If they cannot be found, than we have an even better defense.
So the plan for today is I am going to read and become familiar with the case, as usual, and write the relevant pieces of information into the Motion for Summary Judgment.
My writing is starting to reflect how my thinking is changing. I can read for relevant facts and weed out the unnecessary details better, which of course makes my writing more direct and persuasive.
So the plan for today is I am going to read and become familiar with the case, as usual, and write the relevant pieces of information into the Motion for Summary Judgment.
My writing is starting to reflect how my thinking is changing. I can read for relevant facts and weed out the unnecessary details better, which of course makes my writing more direct and persuasive.
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