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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