Throughout this semester, I have been on the Defendant's side--the one receiving a Complaint from the Plaintiff and must now go to Court. The lawyer I worked with is mainly a Defense Attorney, but he does work the other side too.
Recently I have become the Plaintiff in a case. I won't go into detail about exactly what it is since I have not had my hearing yet, but I will give an overview of what is going on and what I have had to do.
Being the Plaintiff means that you are the one who filled out a Complaint for something against the Defendant. The Plaintiff is the one who takes the other side to Court to resolve an issue. The first step is filling out a Complaint form. In this form, you write your name, address and phone number under the Plaintiff, and you write the person's information who you are taking to Court under the title of Defendant.
Then, you write exactly why you are taking the Defendant to Court. You must be specific in this part because if you are not and you go to Court and lose, then you won't get what you wanted. For example, if you are taking someone to Court for a replacement of a security deposit, you must specifically write that in the Complaint. Once you go to Court, if you lose and you realize that you went to Court for the wrong thing, you have to start all over again.
Once you have filled out the Complaint or "Civil Summons," as it is also known as, you have the option of filling out a form to waive all fees. You can do this if you don't have enough money to pay for Court costs or anything else. I did this because I'm a student and have no source of income; therefore, I filled out a form to waive all fees. So, now going to Court won't cost me anything whether I win or lose.
Now that I have done this, I wait for a hearing date to be scheduled. All conversation or new information about my case is first sent to my lawyer. Even if someone wants to talk to me about the case, they must talk to my lawyer first. I've gathered all the information I need in order to win this case. This means anything related to my case--i.e. documents, video recordings, photos etc.--I have kept to bring to Court so that I have evidence that can back up my side of the story and, hopefully win the case.
It's frusterating not knowing exactly what is going on with my case, since I am not working with my lawyer anymore. You only know what you know until your lawyer contacts you with new information. Until then you must wait.
Thursday, April 29, 2010
Monday, April 26, 2010
Writing an Order
Orders are the documents written after a hearing ends and a conclusion has been made. At the end of a hearing, the Judge or Jury will decide what the outcome should be. When they have made their decision they will tell the Court what they have decided will happen. When they have said the conclusion, the Judge appoints one of the sides (usually the winner) to write the Order.
It's important that both lawyers take notes throughout the hearing so that they know what to write on the Order if they are assigned to do it. At the end the Judge will say, "this is what's going to happen...your client will be charged with A and C, but not B...therefore, your client needs to do X, Y, and Z." When the Judge says this, both lawyers write done the outcome. The Judge will then say for example, "Counsel for the Defendant, you'll write the Order." That lawyer will then have to type up the Order.
An Order first starts with a title. So, for example this is what one may look like:
It's important that both lawyers take notes throughout the hearing so that they know what to write on the Order if they are assigned to do it. At the end the Judge will say, "this is what's going to happen...your client will be charged with A and C, but not B...therefore, your client needs to do X, Y, and Z." When the Judge says this, both lawyers write done the outcome. The Judge will then say for example, "Counsel for the Defendant, you'll write the Order." That lawyer will then have to type up the Order.
An Order first starts with a title. So, for example this is what one may look like:
WEST VIRGINIA MARION COUNTY CIRCUIT COURT
DIVISION II
STATE OF WEST VIRGINIA,
PLAINTIFF,
VS. CASE NO. XX-X-XXX
JOHN SMITH,
DEFENDANT.
FINAL HEARING ORDER
Once the title is completed, we must then write everyone who was present during this hearing. We must write that the Defendant was present, represented by their lawyer, John Smith. The Plaintiff was present, represented by their lawyer, Jane Smith. We must also state everyone else who present during the hearing.
Then we go on to write what happend prior to the conclusions that were made. For example, we may write that the Court told the Defendant what they were being charged with and the Defendant understood their rights and what was going on.
When we are finished writing what happened prior to the conclusion, we then state that the Court accepted A, B, and C and now ORDERS that X, Y, and Z must occur. For example, if someone had a DUI and the Court accepted to expunge this charge within a year, but only if the Defendant went to class and did six months probation and community service, this is what the Court may ORDER:
The Court ACCEPTS the DUI of the Defendant, John Smith, and further ORDERS the following. It is ORDERED that the Defendant must remain on six months probation. It is further
ORDERED that the Defendant must attend Alcoholics Anonymous and show reports for these meetings. It is further
ORDERED that the Defendant complete one hundred hours of community service and report it to his probation officer. It is further
ORDERED that a true copy of this Order shall be sent to the Defendant, the Prosecutor, and the Judge to be filed into the Court system.
Once the lawyer has written the Order, they must send a copy of it to the Judge, the Prosecutor, and their client. The Judge and Prosecutor have five days from the time they receive the Order to either accept it or reject it. If they accept it, then they must sign their name at the bottom. If they don't accept it, then they must call the lawyer who wrote it and tell them why. The lawyer will then re-write the Order and send it again. However, if neither the Judge nor the Prosecutor say anything about the Order after five days of receiving it, the Judge may automatically enter it into the Court system.
Coming up with questions for a case
When I wrote about going to court, I mentioned that I had to come up with questions to ask the client as well as the opposing side. I will use my own case to describe the processes I went through when coming up with questions.
In my case with my apartment, I was being taken to court for a security deposit. The apartment's claim was that because I had taken in an abandoned kitten, I had to forfeit my security deposit. To my knowledge, they wanted my deposit because of possible damage that the kitten could have made to the apartment. My lawyer asked me to come up with questions to ask me and to ask the opposing side when we were in court.
I didn't know where to start or what kind of questions I should ask. When I asked Harry, he told me that I wanted to ask questions that would benifit my side. He said since the apartment is saying that they want the security deposit for possible damages that occur, I should ask questions of where the damage was.
For example, these are some of the questions I came up with to ask the apartment:
Was there damage done to the apartment?
Was the carpet damaged in the living room, the three bedrooms, and the hallway?
Was there damage done to the tile in the kitchen and the bathroom?
Was there damage done to the walls in the apartment?
Who came to check the damage?
Is there any evidence of the "damage" (i.e. pictures, video, etc.)?
Are there any scratch marks done to the walls or the carpet or the tile in any of the rooms?
Are there any urine stains on the carpet?
These questions may seem a bit repetitive, but it is done so for a reason. We wanted to prove that the apartment had no such damage done to it and if there was damage, there was no hard evidence of it. There were no photos or video taken, and the only person who came by to check was a maintenance guy who said he couldn't tell there was any animal in the apartment.
These questions are used so that the apartment has to answer them honestly and after they answer "no," then the Court would see that a forfeited security deposit was not necessary.
When coming up with questions to ask me, they were questions that would show the Court that I am a responsible tenant who was trying to do the right thing.
For example, these are some of the questions I came up with to ask me:
Do you live at this (insert address) apartment?
How long have you lived there?
Have you paid all your rent and bills on time?
Why did you take in this abandoned kitten?
Were you planning on keeping it as a pet?
Did you do everything you could to find it a home?
How long did you have it before you found a home for it?
Was there any damage done to the apartment because of it?
Did anyone come by to check the apartment?
These kinds of questions would help the Court see that I was in fact a good tenant and that I had only taken in the kitten because I was trying to save it. By showing that I had no intention of ever keeping it, the Court sees that I was not trying to go against the landlord, but instead help a kitten that had nowhere to go.
When coming up with these questions, it's important to remember that you always want to ask questions that will benefit your client. You want questions that will force the opposing side to admit their wrong-doings and prove that the client was right in their decisions and that they should not have to comply to the opposing side.
In my case with my apartment, I was being taken to court for a security deposit. The apartment's claim was that because I had taken in an abandoned kitten, I had to forfeit my security deposit. To my knowledge, they wanted my deposit because of possible damage that the kitten could have made to the apartment. My lawyer asked me to come up with questions to ask me and to ask the opposing side when we were in court.
I didn't know where to start or what kind of questions I should ask. When I asked Harry, he told me that I wanted to ask questions that would benifit my side. He said since the apartment is saying that they want the security deposit for possible damages that occur, I should ask questions of where the damage was.
For example, these are some of the questions I came up with to ask the apartment:
Was there damage done to the apartment?
Was the carpet damaged in the living room, the three bedrooms, and the hallway?
Was there damage done to the tile in the kitchen and the bathroom?
Was there damage done to the walls in the apartment?
Who came to check the damage?
Is there any evidence of the "damage" (i.e. pictures, video, etc.)?
Are there any scratch marks done to the walls or the carpet or the tile in any of the rooms?
Are there any urine stains on the carpet?
These questions may seem a bit repetitive, but it is done so for a reason. We wanted to prove that the apartment had no such damage done to it and if there was damage, there was no hard evidence of it. There were no photos or video taken, and the only person who came by to check was a maintenance guy who said he couldn't tell there was any animal in the apartment.
These questions are used so that the apartment has to answer them honestly and after they answer "no," then the Court would see that a forfeited security deposit was not necessary.
When coming up with questions to ask me, they were questions that would show the Court that I am a responsible tenant who was trying to do the right thing.
For example, these are some of the questions I came up with to ask me:
Do you live at this (insert address) apartment?
How long have you lived there?
Have you paid all your rent and bills on time?
Why did you take in this abandoned kitten?
Were you planning on keeping it as a pet?
Did you do everything you could to find it a home?
How long did you have it before you found a home for it?
Was there any damage done to the apartment because of it?
Did anyone come by to check the apartment?
These kinds of questions would help the Court see that I was in fact a good tenant and that I had only taken in the kitten because I was trying to save it. By showing that I had no intention of ever keeping it, the Court sees that I was not trying to go against the landlord, but instead help a kitten that had nowhere to go.
When coming up with these questions, it's important to remember that you always want to ask questions that will benefit your client. You want questions that will force the opposing side to admit their wrong-doings and prove that the client was right in their decisions and that they should not have to comply to the opposing side.
Wednesday, April 21, 2010
Going to Court
Today I was able to go to court to see an outcome of a murder case my lawyer has been working on. This case has been going on for about two years now. When it first began it was in the summer of 2008. The parents of a child were arrested for the murder of an infant. Once they were arrested, the process of finding them either innocent or guilty began. My lawyer was appointed this case when he replaced the previous defense attorney and represented the father as his defense lawyer.
Since I have been working on this case, it had been almost two years since it began. I researched the case to become familiar with it. I reviewed all the witnesses' files in order to put the whole story together. I had a basic understanding of what happened, but after going through these files and trying to put all the pieces together, I found it to be more difficult than I originally thought. People had different stories which didn't match up, but while going through files you could tell who was lying and who was telling the truth. I could tell that some people lied because their stories would change along the course of the case. One month they would say one thing, and the next month something in their story changed.
When I got into court today, it wasn't to see if the client was innocent or guilty. This hearing was done on April 12th. However, the court failed to tell the defendant what his rights were after the conviction. He was found guilty during the original hearing. So even though I wasn't able to attend that hearing, I was able to attend this one. When we arrived at the court house, we waited outside the court room until the client arrived and until the hearing began.
Once the defendant came, he was escorted by two police officers and had his hands and feet shackled together. It was a different feeling seeing the defendant face-to-face instead of just in a photograph. This person had no emotion and had a blank stare. It was as if it wasn't a person, but just a body walking into the court room. When we went into the court room, I sat in the back, while the defendant and my lawyer and his co-counsel went to sit on the left side of the court. The prosecutor sat on the right. The two police officers stood behind the defendant. There were a few other people in the room (the person who records everything that is said during the hearing, the bailiff, and a few other people sitting where I was).
When the judge came in, we were advised to stand and then to be seated. When it began, the judge introduced who was present and why they were having this hearing. He apologized for the court not telling the defendant what his rights were after the conviction. Prior to the judge coming in, my lawyer told the defendant what his rights were and made sure he understood. The judge retold the defendant what his rights were and that if he had any questions he could ask his lawyers. All this only took about fifteen minutes and then they were done.
Once the hearing was over, the defendant was escorted back to his holding cell. He had something to give to his lawyer, so we followed him and his escorting officers back to the holding cell. As we walked, we had to go outside to go to the next building over. When we went out, the sides were lined up with officers standing by just in case something were to happen. It surprised me how much security there was for one man, but at the same time it made sense. We didn't actually go into his cell because what he wanted to give us was at the entrance of the jail. After we grabbed that, we left.
I've been to court to witness domestic violence cases, and I've also been to court for myself, but going to court for a murder case with a convicted criminal is completely different. The court house was much bigger. The defendant was escorted by police officers. When the judge came into the room, it was more formal, where we had to stand before he told us we could sit. There was someone who recorded everything that was said. It was a good experience to be able to go see a hearing in that kind of a court room with a murder case, but it would have been interesting to see the actual hearing that decided if the defendant was either innocent or guilty.
Thursday, April 8, 2010
Writing a Complaint
I had to write a complaint during work one time. My lawyer was representing a young woman who was filing a complaint to her landlord. In this case, she was the Plaintiff. Her landlord was the Defendant.
The first thing we had to do is file a complaint. A complaint plainly states why the Plaintiff is filing a "Civil Summons." The complaint includes the parties involved with their addresses.
Then, it states where the issue took place and under what law or rule it goes against in that state. After this section, the general allegations are listed. These are what the Plaintiff is charging the Defendant for.
After the allegations, the course of action that had to be taken because of them are listed. The last part of the complaint is the prayer relief, where the Plaintiff states what they want the outcome to be of this complaint.
It's a simple document that is filed by the court which states what the Plaintiff is charging for, what actions they had to take because of what they're charging for, and what they think the outcomes should be. It has to be extremely detailed because you need to be precise about what you are charging the Defendant for.
The first thing we had to do is file a complaint. A complaint plainly states why the Plaintiff is filing a "Civil Summons." The complaint includes the parties involved with their addresses.
Then, it states where the issue took place and under what law or rule it goes against in that state. After this section, the general allegations are listed. These are what the Plaintiff is charging the Defendant for.
After the allegations, the course of action that had to be taken because of them are listed. The last part of the complaint is the prayer relief, where the Plaintiff states what they want the outcome to be of this complaint.
It's a simple document that is filed by the court which states what the Plaintiff is charging for, what actions they had to take because of what they're charging for, and what they think the outcomes should be. It has to be extremely detailed because you need to be precise about what you are charging the Defendant for.
Being the Client
During my internship I was able to be on both sides--the lawyer and the client. I had to go to court this semester for something and I was on the side of the client. My supervisor decided he would represent me. During this time I was able to see what the lawyer needs to go through, as well as what the client needs to do.
The first thing that happens is that the client receives a "Civil Summons." This is the court informing the client that someone is taking you to court. In this document, the Plaintiff (the one taking the Defendant to court), states the complaint. Once the client receives this, they can file and "Answer."
In my case, my lawyer filed an "Answer" to the court and to the Plaintiff. In this document are the reasons why the Defendant is innocent and should not be charged. I had a total of nineteen defenses as to why I was not in the wrong.
Once this is sent in, the court sends out a hearing date to both the Plaintiff and the Defendant. Once the date is set, both parties wait until the hearing. If either side has a conflict with the date and time given, they may ask for a continuance--also known as a "Motion to Continue."
Since neither party filed a "Motion to Continue," we waited until the hearing. A few days before the hearing, my lawyer had me come up with questions he could ask both sides. The questions asked for the Plaintiff are direct, simple and to the point. The questions for the Defendant, his client, are ones that show that they are a good person and did not do anything wrong.
The day of the hearing, we went over what the game plan was and what the outcomes could be. We arrived fifteen minutes before the hearing was supposed to start. Thirty minutes after the hearing was supposed to start, the Plaintiff never appeared. Because of this, the case was dismissed by the Judge.
Once this is decided, a week later, the client, the attorney, and the other party receive an Order stating the outcome of the hearing. In this Order, it states "After considerin evidence and authorities, the court jury finds, and the court enters a judgment as follows:
PLAINTIFF FAILED TO APPEAR; DISMISSED"
He then signs the paper and sends it to be filed in the Court Clerk's Office. He also sends it to the parties who were involved.
Once the Order has been sent out and filed, the case is over. In my case, I won and didn't have to pay any of the charges.
The first thing that happens is that the client receives a "Civil Summons." This is the court informing the client that someone is taking you to court. In this document, the Plaintiff (the one taking the Defendant to court), states the complaint. Once the client receives this, they can file and "Answer."
In my case, my lawyer filed an "Answer" to the court and to the Plaintiff. In this document are the reasons why the Defendant is innocent and should not be charged. I had a total of nineteen defenses as to why I was not in the wrong.
Once this is sent in, the court sends out a hearing date to both the Plaintiff and the Defendant. Once the date is set, both parties wait until the hearing. If either side has a conflict with the date and time given, they may ask for a continuance--also known as a "Motion to Continue."
Since neither party filed a "Motion to Continue," we waited until the hearing. A few days before the hearing, my lawyer had me come up with questions he could ask both sides. The questions asked for the Plaintiff are direct, simple and to the point. The questions for the Defendant, his client, are ones that show that they are a good person and did not do anything wrong.
The day of the hearing, we went over what the game plan was and what the outcomes could be. We arrived fifteen minutes before the hearing was supposed to start. Thirty minutes after the hearing was supposed to start, the Plaintiff never appeared. Because of this, the case was dismissed by the Judge.
Once this is decided, a week later, the client, the attorney, and the other party receive an Order stating the outcome of the hearing. In this Order, it states "After considerin evidence and authorities, the court jury finds, and the court enters a judgment as follows:
PLAINTIFF FAILED TO APPEAR; DISMISSED"
He then signs the paper and sends it to be filed in the Court Clerk's Office. He also sends it to the parties who were involved.
Once the Order has been sent out and filed, the case is over. In my case, I won and didn't have to pay any of the charges.
Sunday, March 7, 2010
Steps Being Taken for a Long-Term Project
I have been working on a long-term project to create a basic layout of what to expect when defending someone in a domestic violence case. This "what to expect" information is geared towards probono lawyers who, domestic violence may not be their strong point. Because of the lack of understanding of domestic violence cases, I understand that I must cover a wide variety of information to include, without it being overwhelming.
The first step I took to tackle this project was to talk with both my boss and the woman who I am doing this for. Both told me basic things that should be included: frequently asked questions, what to expect before, during, and after court, questions to ask the defendant, etc.
Second, I began to brainstorm ideas of what should be included. I looked at it from a couple of different perspectives: someone who has no idea about domestic violence laws, someone who has worked with these cases a time or two, and those who are very familiar with domestic violence. I had to include a broad range of information so that it was not overwhelming, but gave a lot of information.
Third, I had to get a basic knowledge of the subject before I could really know what I wanted to look for. I received a couple brochures and handouts from RDVIC (Rape and Domestic Violence Information Center), and I also talked to my boss about where he goes to find information on subjects he's not sure of. He directed me to the West Virignia Benchbook website where I could find all the laws on domestic violence for West Virginia, which was a huge help.
I researched the West Virginia Benchbook for a couple of days to get all the information I could on the laws about domestic violence. After I had gathered all the information I thought was most important, I sorted through it all and grabbed what the most important and relevant information was. I decided what to pull from the conversations I have had with my boss and what he thought was helpful when he started doing probono work for domestic violence cases.
I decided to pull the most basic but relevant information for these cases. I pulled what the exact definition of domestic violence was and what circumstances it has. I also pulled the information on the difference between domestic violence and battery. I decided to include information about what to do after a hearing (i.e. getting an appeal).
After I pulled what I thought was most important to include, I emailed the woman I am working with to give her an idea of what direction I am going in and what she thought about it. While waiting for a response, I have begun creating different possible layouts that could be used to portray the information. Up until this point, I have done what I can until I receive some feedback. Once I have more direction, I will be able to complete this project successfully.
The first step I took to tackle this project was to talk with both my boss and the woman who I am doing this for. Both told me basic things that should be included: frequently asked questions, what to expect before, during, and after court, questions to ask the defendant, etc.
Second, I began to brainstorm ideas of what should be included. I looked at it from a couple of different perspectives: someone who has no idea about domestic violence laws, someone who has worked with these cases a time or two, and those who are very familiar with domestic violence. I had to include a broad range of information so that it was not overwhelming, but gave a lot of information.
Third, I had to get a basic knowledge of the subject before I could really know what I wanted to look for. I received a couple brochures and handouts from RDVIC (Rape and Domestic Violence Information Center), and I also talked to my boss about where he goes to find information on subjects he's not sure of. He directed me to the West Virignia Benchbook website where I could find all the laws on domestic violence for West Virginia, which was a huge help.
I researched the West Virginia Benchbook for a couple of days to get all the information I could on the laws about domestic violence. After I had gathered all the information I thought was most important, I sorted through it all and grabbed what the most important and relevant information was. I decided what to pull from the conversations I have had with my boss and what he thought was helpful when he started doing probono work for domestic violence cases.
I decided to pull the most basic but relevant information for these cases. I pulled what the exact definition of domestic violence was and what circumstances it has. I also pulled the information on the difference between domestic violence and battery. I decided to include information about what to do after a hearing (i.e. getting an appeal).
After I pulled what I thought was most important to include, I emailed the woman I am working with to give her an idea of what direction I am going in and what she thought about it. While waiting for a response, I have begun creating different possible layouts that could be used to portray the information. Up until this point, I have done what I can until I receive some feedback. Once I have more direction, I will be able to complete this project successfully.
How To Write a Motion
Since I am working at a law firm, the documents created in this work place are much different than documents in other fields. The one I will be talking about is a Motion. A Motion is a document asking for something from the judge. There are three essential parts to a Motion: the list of people involved in the cases that the Motion pertains to, the actual Motion itself, and a certificate of service.
Motions can vary in length from 3 pages to up to 10. The first part of a Motion is the list of people involved and their case numbers. These are the cases that are involved with the Motion. This part is set up as follows:
PETITIONER
vs. CASE NO. 1234
RESPONDENT
Once the list is finished, the Motion itself is written. What is written will vary on what is being asked. For example, a Motion of Discovery is a document asking for evidence for the case against the Respondent. It simply asks for proof of why the Petitioner should be filing a case against the Respondent. Usually, Motions have a basic template and format to them. Depending on what you are asking, there is a different basic template that you may use. The information that changes are the specifics (i.e. Respondent and Petitioner's information, exactly what documents you want that could pertain to the case, etc.).
Once the Motion itself is written, you must also provide a certificate of service. This simply means a phrase verifying that on whatever date, you provided a copy for the involved parties. After the statement, you list exactly who you have provided a copy for. A certificate of service helps you to make sure others know that you provided everyone with copies and to whom exactly you sent copies to. And that's it.
Motions can vary in length from 3 pages to up to 10. The first part of a Motion is the list of people involved and their case numbers. These are the cases that are involved with the Motion. This part is set up as follows:
PETITIONER
vs. CASE NO. 1234
RESPONDENT
Once the list is finished, the Motion itself is written. What is written will vary on what is being asked. For example, a Motion of Discovery is a document asking for evidence for the case against the Respondent. It simply asks for proof of why the Petitioner should be filing a case against the Respondent. Usually, Motions have a basic template and format to them. Depending on what you are asking, there is a different basic template that you may use. The information that changes are the specifics (i.e. Respondent and Petitioner's information, exactly what documents you want that could pertain to the case, etc.).
Once the Motion itself is written, you must also provide a certificate of service. This simply means a phrase verifying that on whatever date, you provided a copy for the involved parties. After the statement, you list exactly who you have provided a copy for. A certificate of service helps you to make sure others know that you provided everyone with copies and to whom exactly you sent copies to. And that's it.
Thursday, March 4, 2010
Survival Skills
After reading Emily Sopensky and Laurie Modrey's, "Survival Skills for Communicators within Organizations," I began to think if I have had any occurrences with the scenarios they provide. The one scenario that most correlates with what I have been through is the first one. Working on a collaborative project, but not being able to get in contact with that person. In the scenario Sopensky and Modrey tell the story about a project involving two people who do not work in the same building. One person has begun the project, but needs more information from the second and is unable to get in contact with them. Sopensky and Modrey explain steps you should take to make the person respond to you. For example, if calling and emailing don't work, try leaving them a note on their office or on their car; get them donuts if they like donuts; ask someone who works with them to try and get in contact with them.
I thought about my situation and the only two outlets I have to reach my partner is by phone or email. We work in different businesses and across town from each other. We are working on a project together that needs to be finished at the beginning of May/end of April. I have done all I can until I get feedback from who I'm working with. I initially called her to let her know where I stood with the project and what I needed from her. I then sent her an email with attachments of the documents I have come up with and what I intend to do with them. Two weeks went by with no response. I sent her a follow-up email which got her attention. Another week is about to be over and I have not heard from her since. I know that schedules are busy and it can be difficult to cram in a project, especially if it's long-term (we can put it off for a longer period of time because we know we don't need it until the end of April). I must say, its still frusterating trying to come up with different directions this project could be taken in without the feedback of someone else.
However, even though I haven't had any feedback with this project, I continue to come up with new ideas on how we could lay out the information (i.e. in a brochure, in a two-fold, one sheet of paper, etc.), what, if any, kinds of images we would want to include, etc. Although I have been unable to get in contact with who I am doing this project for, that doesn't stop me from doing more research or coming up with new ways of explaining the information that needs to be explained, or the different kinds of layout that can be used to portray the information. It's a flexible enough project that I can do what I think is best, but having a direction to go in is always better than potentially running in circles.
I thought about my situation and the only two outlets I have to reach my partner is by phone or email. We work in different businesses and across town from each other. We are working on a project together that needs to be finished at the beginning of May/end of April. I have done all I can until I get feedback from who I'm working with. I initially called her to let her know where I stood with the project and what I needed from her. I then sent her an email with attachments of the documents I have come up with and what I intend to do with them. Two weeks went by with no response. I sent her a follow-up email which got her attention. Another week is about to be over and I have not heard from her since. I know that schedules are busy and it can be difficult to cram in a project, especially if it's long-term (we can put it off for a longer period of time because we know we don't need it until the end of April). I must say, its still frusterating trying to come up with different directions this project could be taken in without the feedback of someone else.
However, even though I haven't had any feedback with this project, I continue to come up with new ideas on how we could lay out the information (i.e. in a brochure, in a two-fold, one sheet of paper, etc.), what, if any, kinds of images we would want to include, etc. Although I have been unable to get in contact with who I am doing this project for, that doesn't stop me from doing more research or coming up with new ways of explaining the information that needs to be explained, or the different kinds of layout that can be used to portray the information. It's a flexible enough project that I can do what I think is best, but having a direction to go in is always better than potentially running in circles.
Tuesday, February 9, 2010
Long Term Project
While interning, I am working on a long term project with the Rape and Domestic Violence Information Center. I'm creating an outline for probono lawyers who deal with domestic violence cases, but may not know exactly what is involved. In this outline I'm including the basic laws of West Virginia concerning domestic violence; what kinds of questions should be asked when meeting your client; what to do if you only have five minutes with a client prior to the hearing; and what to expect during and after the hearing.
When I began this project, I tried to put myself in a lawyer's shoes who may not be familiar with domestic violence in West Virginia. I thought what I would want included in an outline to get an idea about what to expect and what to do. I began my research on West Virginia Benchbook's website to understand the laws on domestic violence. When I began reading the benchbook, I felt overwhelmed with the information being given to me. At first I couldn't understand what it was trying to explain since it was in "lawyer talk." I quickly realized I would have to break this down (or not), depending on what kind of language I will have to use for the kind of audience who will use this outline. After the first couple of pages, though, I began to feel more comfortable with the benchbook.
It took me a couple days to go through the whole book and write down everything I though was or could be important. Let's just say I wrote entirely too much information down (but better safe than sorry). I am now in the beginning stages of taking out the most important information from what I've collected from the benchbook and will begin creating rough drafts of different possible outlines.
While this doesn't need to be finished until the end of my internship, it is an on-going project that is going to test my ability to work freely on my own and come up with an outline that I would feel comfortable with. It's difficult not knowing exactly what is expected from this project, but it makes it a challenge that I am more than willing to take on. In the end, my research, interview, planning, and writing skills will have improved and this outline will be the proof of it.
When I began this project, I tried to put myself in a lawyer's shoes who may not be familiar with domestic violence in West Virginia. I thought what I would want included in an outline to get an idea about what to expect and what to do. I began my research on West Virginia Benchbook's website to understand the laws on domestic violence. When I began reading the benchbook, I felt overwhelmed with the information being given to me. At first I couldn't understand what it was trying to explain since it was in "lawyer talk." I quickly realized I would have to break this down (or not), depending on what kind of language I will have to use for the kind of audience who will use this outline. After the first couple of pages, though, I began to feel more comfortable with the benchbook.
It took me a couple days to go through the whole book and write down everything I though was or could be important. Let's just say I wrote entirely too much information down (but better safe than sorry). I am now in the beginning stages of taking out the most important information from what I've collected from the benchbook and will begin creating rough drafts of different possible outlines.
While this doesn't need to be finished until the end of my internship, it is an on-going project that is going to test my ability to work freely on my own and come up with an outline that I would feel comfortable with. It's difficult not knowing exactly what is expected from this project, but it makes it a challenge that I am more than willing to take on. In the end, my research, interview, planning, and writing skills will have improved and this outline will be the proof of it.
Thursday, January 28, 2010
The first Motion
As I begin my third week in this internship, I can start writing motions and discoveries. Up to this point, I've been writing mainly letters to clients and prosecutors, but now I get to begin writing documents more intense. First, let me try to explain what a motion and discovery is. A motion is a document that asks for something. For example, let's say a client couldn't make it to a court date because of some other requirement. If we want to continue the hearing until a further date, we must file a motion for continuance. In this motion we would write to ask that the hearing date be continued to a further date. We can have motions for other things, as well. Writing motions for the first time is definitely confusing. I was asked to write a motion for a discovery. (A discovery is something that was found that pertains to the case and is could potentitally have a case be won or lost.) Motions are written for prosecutors, as well as judges or different offices (i.e. parole office). The style in this is very professional and written in "lawyer talk." The client is given a copy as well, for their records.
My first time writing a motion for discovery was confusing and intimidating because I have never written one before. Luckily, I had a template I could follow, which made it easier to write. What I wrote, I'm sure, wasn't perfect, but I feel as though I did a good job on it, being that it was my first motion ever. There are different forms in which a motion can be written, but the one I wrote was straight-forward (listing everyone involved in the case, the different cases the discovery is relevant for, etc.). Though it does not take too long to write, I had to make sure I had all the right information and that what I wrote was appropriate for the audience I was writing for.
With every motion, or anything you write pertaining to a case, you must provide a copy to the prosecutor, judge, and anyone else involved with the case. Because of this, you have to write a certificate of service. This is just something that is written at the end of the motion saying that you have faxed this document to everyone else involved in the case (i.e. the prosecutor, judge). This is something simple to write. There is a template that I used where all I had to change was the date and the people to whom it was faxed.
As I begin writing more important documents, the tone and style I must use differs from the letters I have been writing. The tone is much more professional and I am required to write in "lawyer talk," which I admit is difficult since I am not all too familiar with the lingo. However, after writing a few motions, I'm beginning to feel a bit more comfortable with the writing process. As I continue this internship and continue to grow as a writer, I will be able to write more complicated documents, like briefs, maybe. Until then, I'll just stick to letters, motions, and certificates of service.
My first time writing a motion for discovery was confusing and intimidating because I have never written one before. Luckily, I had a template I could follow, which made it easier to write. What I wrote, I'm sure, wasn't perfect, but I feel as though I did a good job on it, being that it was my first motion ever. There are different forms in which a motion can be written, but the one I wrote was straight-forward (listing everyone involved in the case, the different cases the discovery is relevant for, etc.). Though it does not take too long to write, I had to make sure I had all the right information and that what I wrote was appropriate for the audience I was writing for.
With every motion, or anything you write pertaining to a case, you must provide a copy to the prosecutor, judge, and anyone else involved with the case. Because of this, you have to write a certificate of service. This is just something that is written at the end of the motion saying that you have faxed this document to everyone else involved in the case (i.e. the prosecutor, judge). This is something simple to write. There is a template that I used where all I had to change was the date and the people to whom it was faxed.
As I begin writing more important documents, the tone and style I must use differs from the letters I have been writing. The tone is much more professional and I am required to write in "lawyer talk," which I admit is difficult since I am not all too familiar with the lingo. However, after writing a few motions, I'm beginning to feel a bit more comfortable with the writing process. As I continue this internship and continue to grow as a writer, I will be able to write more complicated documents, like briefs, maybe. Until then, I'll just stick to letters, motions, and certificates of service.
Friday, January 15, 2010
First Week Jitters
My first week of working with a lawyer is just about done. In just this one week, I have soaked up a good bit of information. I must admit, at first I was nervous about working in a lawyer's office. I didn't know what really to expect, what kind of assignments he was going to give me, and what I would be doing, in general. However, within just this first week I have already been to court, done research, and come up with projects for during the internship.
The first two or three days of work was mainly researching a case that Montoro is working on at this time. I, then, began letter-writing to clients and prosecutors. Letter-writing to clients is much different than writing to a prosecutor. For a client, one must write in a "common-man" voice. This means that I can't use law terms that even I don't understand completely. These letters need to be clear, concise, and to the point. A five-year-old should be able to read it and understand it (to a point, of course). Writing for a prosecutor, though, is different. With these letters one must write with a very professional tone and one can (and sometimes must) use law terms. For any kind of letter, there is usually a general outline that I followed. The things that change are the dates, names, and specific information, but in general, these letters followed a template.
I was able to go to court on Thursday for the first time. I was able to attend domestic violence cases and let me just say, it opened my eyes to the world we live in. Witnessing these cases and the people involved opened my eyes and made me think about what people are capable of doing and overcoming. Because so many probono lawyers who are appointed to represent the victim don't know what they are getting into, I have been asked to create an outline for a basic overview of what to expect during these hearings. This way, probono lawyers who don't usually work with domestic violence cases will know what to expect, what important questions need to be asked, and what they can do to fully prepare themselves.
This first week of my internship has given me the opportunity to really see how a lawyer works and what they go through on a daily basis. Now that I have a project lined up for this semester, I am confident that I will be successful in creating something that is truly needed in the state of West Virginia. I am confident that I will learn many things and may even become an expert in something. But, I will have to wait until I am finished with this internship to be confident in saying that I may become an expert. Until next time...
The first two or three days of work was mainly researching a case that Montoro is working on at this time. I, then, began letter-writing to clients and prosecutors. Letter-writing to clients is much different than writing to a prosecutor. For a client, one must write in a "common-man" voice. This means that I can't use law terms that even I don't understand completely. These letters need to be clear, concise, and to the point. A five-year-old should be able to read it and understand it (to a point, of course). Writing for a prosecutor, though, is different. With these letters one must write with a very professional tone and one can (and sometimes must) use law terms. For any kind of letter, there is usually a general outline that I followed. The things that change are the dates, names, and specific information, but in general, these letters followed a template.
I was able to go to court on Thursday for the first time. I was able to attend domestic violence cases and let me just say, it opened my eyes to the world we live in. Witnessing these cases and the people involved opened my eyes and made me think about what people are capable of doing and overcoming. Because so many probono lawyers who are appointed to represent the victim don't know what they are getting into, I have been asked to create an outline for a basic overview of what to expect during these hearings. This way, probono lawyers who don't usually work with domestic violence cases will know what to expect, what important questions need to be asked, and what they can do to fully prepare themselves.
This first week of my internship has given me the opportunity to really see how a lawyer works and what they go through on a daily basis. Now that I have a project lined up for this semester, I am confident that I will be successful in creating something that is truly needed in the state of West Virginia. I am confident that I will learn many things and may even become an expert in something. But, I will have to wait until I am finished with this internship to be confident in saying that I may become an expert. Until next time...
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