THE CATHOLIC UNIVERSITY OF AMERICA
COLUMBUS SCHOOL OF LAW
SYLLABUS FOR
LAW 735
Legal Drafting Seminar
(General Drafting)
Spring Semester 2013
Christopher Hitchens, Esquire
e-mail:
phone: (301) 379-5350
office hours: By appointment; ( you can call or send email at any time)
class meetings: Monday and Wednesday, 6:20-7:35 p.m. in Room 318-LAB
Course Content and Format of Classes
This section of the Legal Drafting Seminar will focus on introducing you to some of the many different documents that attorneys are called upon to draft for clients beyond traditional pleadings and memoranda. You will have opportunities to review many types of documents, to work on specific writing skills through exercises, and to practice your writing skills by drafting documents yourselves.
Examples of the documents that we may explore include:
· Settlement agreements and Releases
· Zoning decisions and applications
· Condominium governing documents: Covenants and By-laws
· Contracts
· Various types of letters to clients
· Various types of leases
· Various real property documents: deeds, easements, financing documents
· Legislation and regulations
· Pleadings
· Summaries of cases and legislation
· Family law documents: separation agreements; surrogate mother agreement; pre-nuptial agreements
Generally, in one class each week we will review an example of a document, and also discuss one or more specific writing skills, which will have been introduced through a reading assignment. For the next class, your assignment may be to draft a version of a document we have reviewed and/or to complete an exercise on a specific writing skill. In the second class, we’ll review what you’ve done and move on to the next topic.
The seminar class sessions will include some lecture, some discussion, and some in-class exercises. I hope to have several guests who can describe their experiences with different types of documents, and answer questions you may have. To accommodate the guest speakers’ schedules, adjustments may need to be made to the sequence of class topics as set forth below.
The Legal Drafting Seminar satisfies one of the law school’s writing requirements, and includes production of three substantial documents, referred to below as “project documents.” The focus of these projects is on writing rather than research, and will simulate how you will develop a document that addresses a client’s needs when you are practicing. You will be provided with or gather materials yourself, to include facts, relevant law, a sample of the type of document that you are seeking to draft, and other documents that you will need to draft a document that addresses a client’s request. Of the three project documents, I will assign two (the topics will be the same for everyone). For the third, you have the option of choosing the topic yourself and proposing it to me, or having a third one assigned. You will have about four weeks to complete each of these project documents, and you will need to factor in submission of a draft for my review. Here are two examples of project documents: (1) review a concern raised by your client that is not addressed in Maryland law, review several other states’ legislation on that topic, and draft proposed legislation for Maryland on that topic; (2) review a contract and allegations of facts raised by a client alleging damages from breach of contract; draft letter to client explaining issues, accompanied by a demand letter and a proposed settlement agreement.
Grading
Each of the three project documents will be 25% of your final grade. The qualities that will be evaluated include logical organization, particularly the statement of client’s concerns and your conclusions, relevant and accurate statements of facts and laws, clear legal analysis, responses to comments from reviews of drafts, use of the writing principles we study, thorough inclusion of any statutory or substantive requirements for the document, and grammar. The weekly brief documents and exercises and class participation will be 25% of your final grade.
Books and Handouts
1. Legal Drafting: Litigation Documents, Contracts, Legislation, and Wills
Authors: Temple Smith & Cupples (abbreviated below as “Cupples”)
2. Legal Writing in Plain English
Author: Bryan A. Garner (abbreviated below as “Garner”)
3. There will be some handouts that will be provided to you in my mailbox, through Room 404, by email, or the TWEN service.
Lap-tops in class/audio recording of seminar sessions
The seminar format is designed to provide an opportunity to gain new knowledge and skills by interacting with the other students and the instructor. You may use lap-tops but remember to engage with the group. As the Legal Drafting Seminar is not primarily a lecture class and there is no exam, you should not feel compelled to document each class session with extensive verbatim notes, but do what is best for you. Keep in mind as well that from the readings and handouts, you will have good records of the skills and topics we discuss.
If you cannot attend a class and want to have it recorded, contact me and I will consider your request, in light of the circumstances that require you to miss the class, the Law School’s attendance policies, and whether I need to obtain a guest speaker’s consent as well.
TWEN
I will set up a TWEN site.
CLASS CALENDAR
Wednesday January 9 (Homeowners Association Documents)
Due: Before the first class, I will send you a survey regarding your previous writing experiences and instruction. Please bring your completed survey.
In class: Review content and format of the class; view and discuss The Big Orange Splot ; Review handouts: sample architectural covenant; sample notice of violation
Draft For
Next Class: Draft a Notice of Architectural Violations to Mr. Plumbean
Read for
Next Class: Garner: Cupples: Chapter 15
Monday January 14 (Homeowners Association Documents)
Due: Notice of Architectural Violations (Architectural Covenants)
In class: Review some notices you have drafted; Review handouts: sample association bylaws; sample amendment; Md. Condo Act provisions regarding by-laws; statement describing a needed amendment.
Draft For
Next Class: Draft an Amendment to Bylaws
Read for
Next Class: Garner: Cupples: Chapter 33
Wednesday January 16 (Homeowners Association Documents)
Due: Amendment to Bylaws
In class: Review some amendments you have drafted;
Draft For
Next Class:
Read for
Next Class: Garner: §§ 1 & 2 Cupples: Chapters 6,7,12
Monday January 21 Martin Luther King Jr. Day - NO CLASS
Wednesday January 23 (Basic Rhetoric techniques)
Due:
In class: Assign and Discuss Project Document #1 and handouts (draft is due on Feb. 6); guest speaker: basic rehetoric/appeals techniques
Draft For
Next Class:
Read for
Next Class: Garner: Cupples: pp. 159-160
Monday January 28 (Attorneys fees)
Due:
In class: Discuss attorneys fees and sample provisions
Draft For
Next Class:
Read for
Next Class: Garner: §4 Cupples: Chapters 19, 20
Read Exercise A pp 267-268
Wednesday January 30 (Leases)
Due:
In class: Review leases; interview me for lease that I need
Draft For
Next Class: Lease
Read for
Next Class: Garner: §45 Cupples: Chapters 9,10, 11
Handouts: County/ State requirements re residential leases
Monday February 4 (Leases)
Due: Lease
In class: Review leases
Draft For
Next Class: Draft of Project Document #1
Read for
Next Class: Garner: Cupples:
Wednesday February 6 (Employment contracts)
Due: Draft of Project Document #1
In class: Discuss employment contract issues; samples
Draft For
Next Class:
Read for
Next Class: Garner: §§ 7, 8, 9 Cupples: Chapter 10
Monday February 11 (Employment contracts)
Due:
In class: Return drafts of Project Document #1;
Draft For
Next Class:
Read for
Next Class: Garner: §§20,21 Cupples: Chapter 28
Family Law Handouts
Wednesday February 13 (Family Law Documents)
Due:
In class: Guest speaker: family law documents
Draft For
Next Class: Family law document
Read for
Next Class: Garner: §§8,9 Cupples:
Monday February 18 (Family Law Documents)
Due:
In class: Family law document
Draft For
Next Class:
Read for
Next Class: Garner: Cupples: Chapter 17
Wednesday February 20 (Legislation)
Due:
In class: Guest speaker: Legislation
Draft For
Next Class: Project Document #1 (final)
Read for
Next Class: Garner: Cupples: Chapters 14, 15, 16
Monday February 25 (Legislation)
Due: Project Document #1 (final)
In class: Assign Project Document #2 (draft due March 13); legislative drafting exercise : Cupples Assignment C p 233.
Draft For
Next Class:
Read for
Next Class: Garner: Cupples:
Handouts re regulations
Wednesday February 27 (Regulatory Documents)
In class: Questions on Project #2; discuss regulations
Draft For
Next Class: Regulation
Read for
Next Class: Garner: §§15, 17 Cupples:
Handouts re real estate documents
Monday March 4 Spring Break- NO CLASS
Wednesday March 6 Spring Break – NO CLASS
Monday March 11 (Real Estate Documents)
Due: Regulation
In class: Guest speaker: commercial real estate development documents
Draft For
Next Class: Draft of Project Document #2
Read for
Next Class: Garner: §39 Cupples:
Handouts re real estate transfer documents
Wednesday March 13 (Real Esate Documents)
Due: Drafts of Project Document #2
In class: guest speaker: Real estate transfer documents
Draft For
Next Class:
Read for
Next Class: Garner: §§24, 25, 26,27 Cupples:
Monday March 18 (Simplifying Complex Documents)
Due:
In class: Return drafts of Project Document #2; Guest speaker : simplifying complex documents
Draft For
Next Class:
Read for
Next Class: Garner: §§22,23 Cupples:
Wednesday March 20 (Client Letters/Summaries)
Due:
In class: Guest Speaker : Precis writing; summaries
Draft For
Next Class: Project Document #2 (final)
Read for
Next Class: Garner: §31 Cupples:
Handouts re settlement agreements
Monday March 25 (Settlement Agreements)
Due: Project Document #2 (final)
In class: Discuss and assign Project Document #3 (draft due April 10); review sample settlement agreements
Draft For
Next Class: Settlement agreement based on court transcript
Read for
Next Class: Garner: Cupples: Chapter 28
Settlement Agreement Transcript
Wednesday March 27 (Settlement Agreements)
Due: Settlement agreement based on transcript
In class: Guest speaker: Settlement Agreements
Draft For
Next Class:
Read for
Next Class: Garner: Cupples:
Zoning documents handouts
“Mrs. Manstey’s View” by Edith Wharton
Monday April 1 Easter break - NO CLASS
Wednesday April 3 (Zoning Documents)
In class: Discuss “Mrs. Manstey’s view”
Draft For
Next Class: Letter to neighbor on behalf of Mrs. Manstey
Read for
Next Class: Garner: Cupples:
Zoning documents handouts
Monday April 8 (Zoning Documents)
Due: Letter on behalf of Mrs. Manstey
In class: Guest speaker: Zoning documents
Draft For
Next Class: Draft of Project #3
Read for
Next Class: Garner: Cupples:
Zoning documents handouts
Wednesday April 10 (Zoning Documents)
Due: Draft of Project Document #3
In class: Zoning document exercise
Draft For
Next Class:
Read for
Next Class: Garner: Cupples: Chapter 12
Monday April 15 (Contracts)
Due:
In class: Return drafts of Project Document #3 ; contract exercise: interview
Draft For Contract based on interview
Next Class:
Read for
Next Class: Garner: Cupples:
Handouts on Contracts
Wednesday April 17 (Contracts)
Due: Contract based on April 15 interview
In class: Review contracts in class
Draft For
Next Class:
Read for
Next Class: Garner: Cupples:
Handouts for Corporate Documents
Monday April 22 (Corporate documents)
Due:
In class: Guest speaker: corporate documents
Draft For
Next Class:
Read for
Next Class: Garner: Cupples:
Handouts for Corporate Documents
Wednesday April 25 (Corporate Documents)
Due:
In class: Corporate document exercise
Draft For
Next Class: Project Document #3 (final)
Read for
Next Class: Garner: §§ 46,47,48 Cupples:
Monday April 29
Due: Project Document #3
In class: End of Class Comments, Questions, Wrap-up
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