advance legal research and writing john burris lecture series merritt college oakland, ca april 25,...
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ADVANCE LEGAL RESEARCH AND WRITING
JOHN BURRIS LECTURE SERIES
MERRITT COLLEGEOAKLAND, CA
April 25, 2013
INTRODUCTION
Civil Rights Litigation Former Prosecutor – Chicago (Cook
County) Alameda County Blue v. Black High profile law practice and litigation
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MY PRACTICE
Paralegals, Law Clerks, Attorneys Changes in practice over the years Depends on skill level and experience Most important skills are writing and
grammar. Grammar is important in writing and
speaking. Ninety percent of the tasks at my office
involve interacting with the public.
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PARALEGALS CLERKS Overall preparation of a case for an
attorney Intake Pitch the case to an attorney Research Write the claim and/or initial lawsuit Discovery and Motion Attorneys determine the strategy
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TECHNOLOGY Changes: Typewriters, Computers, Cell Phones,
Tablets Physical Files, Electronic Storage on CD and
Cloud Technology replaces the physical files stored off-
site Cases can be electronically filed Litigation requests completed electronically Communications with clients and staff: Smart
phone, Skype I had a dog bite case where I communicated with
the client on Skype in FranceCopyright Law Offices of John Burris
INTAKE Understand what you are looking for Balance needs of the client v the Business of Law
Need for Justice Evaluate the client as a possible witness See the client in person to determine whether
they are lying Test the client’s commitment Determine whether the client is reliable
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PITCH THE CASE TO AN ATTORNEY
Think elevator pitch. You have 11 floors to provide highlights and answer questions no matter the circumstances.
First give the highlights in one or 2 sentences Second give the critical details: witness, drugs,
guns, anything relevant Third, tell the attorney what information you do
know or need to find Fourth, explain the possibility of novel legal
issues raised. Fifth, Conclude! Give a decisive reason as to
why we should or should not take the case.Copyright Law Offices of John Burris
RESEARCH Tools Research if necessary – Google, Findlaw,
Westlaw, Lexis The key issue Tip: Google a news article, then Google cases,
then use Westlaw, Lexis for details Get the full spectrum of your issues Then condense the research to a summary in
less than half a page
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WRITING Generally the most important aspect of any lawsuit is the statement of
facts Your audience Third Person active narrative Short succinct declarative sentences. Subordinate conjunctions: because, unless, although, even though,
until Conjunctions: and, but, for, or, nor, yet, so Beginning the sentence with AND or BUT: A sentence beginning with
and or but will tend to draw attention to itself and its transitional function. An initial And is a useful aid to writers as the narrative continues.
That an d Which Then and Than (implied comparison) Quotations and Exclamations Commas and semicolons
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CASE WORKFLOW IN MY OFFICE
A potential client inquiry arrives via Email, Phone, or other source. If the case is no good some type of rejection should be sent. Create an electronic client file by scanning intake documents and placing them in a
unique folder on google docs under the Johnburrislaw repository. Schedule the STATUTE OF LIMITATIONS alert in Google calendar alerts under
Johnburrislaw (i.e. 6 months claim, 2 years lawsuit). Include the assigned attorney. Schedule FOLLOW UP alerts in Google calendar alerts under Johnburrislaw (1, month,
3, months, 6 months, 1 year) Include the assigned attorney. Create a physical file and give it to Maxine or Arlene for placement on the calendar Write the statement of facts and enter the info into the ON-LINE CLIENT INFO FORM. Complete the Claim, Complaint, Request for medical records, Notification of counsel,
and Request for Admission, and Request for Production. Complete the first Draft of the Elements Chart/Jury Instructions Begin Discovery Settlement Conference Trial Post-Trial
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LEGAL ISSUES RAISED Fourth, Fifth, Sixth, and Fourteenth
Amendments Excessive Force Statutes: 42 USC 1983,
CA 52.1 and Torts: Assault, Battery, False
Imprisonment, Negligence, Wrongful Death CA Attorney Client Privilege ABA and CA Rules of Professional
Responsibility
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QUESTIONS
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LAW OFFICES OF JOHN BURRIS
Law Offices of John L. Burris. 7677 Oakport Street, Oakland CA
94621 (510)839-5200 www.johnburrislaw.com
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