The purpose of this report is to present research findings on the nature and type of writing that occurs in composing legal business contracts.

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "The purpose of this report is to present research findings on the nature and type of writing that occurs in composing legal business contracts."

Transcription

1 To: Dr. Michael DePalma From: Kelsey Jarzombek Subject: Investigative Report on Business Contract Law: Writing for the Common Man Date: October 26, 2011 The purpose of this report is to present research findings on the nature and type of writing that occurs in composing legal business contracts. Introduction and Objectives This report examines and analyzes research gathered on writing business contracts within the professional legal field. Such contracts are composed by business attorneys and feature a unique rhetorical situation and clearly-defined textual patterns. The aim of my research is to evaluate these aspects of legal contracts and gain a general sense of both the discourse community of business contract writing and the considerations and preparations attorneys must make in drafting them. This report details the kind of work done by legal business professionals on a daily basis and exemplifies significant characteristics of their writing unknown to most outside of the field. My research will prove beneficial to those contemplating law school, specifically those interested in the business facet of legal studies, by furnishing insight about the expected writing process involved. It will shed light on contextual considerations that must be made and highlight the logic behind construction of legal contracts. Research Methods A variety of methods were employed to garner information on writing legal business contracts. To begin, I did secondary research online and found three informative articles pertaining to different aspects of the genre. I undertook such research in order to gain a foundation for understanding the basics of creating a contract. I sought articles that did a thorough job of clearly articulating the essential steps of writing and signing a contract, as well as clarifying what tasks each party is expected to perform, without inundating the reader with a barrage of overwhelming legal jargon. I also specifically searched for information that focused on ways for the attorney composing the document to intentionally cater it to the rhetorical situation in which it will be used. After having established fundamental knowledge about legal business contracts, I conducted an interview with James K. Lowry, a corporate business attorney who is a shareholder in Langley & Banack, a prominent San-Antonio-based law firm. He earned his Juris Doctorate from Columbia University, graduating with honors in He represents a wide variety of clientele, including

2 private corporations and public school districts, in his general practice areas of business services, corporate law, mergers and acquisitions, real estate, transactional, and school law. I talked with Mr. Lowry for two hours by phone, and he gave me a detailed description of each component of the business contracts he constructs. I took notes on his explanation of his everyday duties, legal definitions that must be understood to create a contract, and the general structure of the documents. He also provided me a thorough description of the rhetorical situation for contract law and gave examples of what results could arise if such situation is not properly addressed. Finally, we discussed his experience attending Columbia at length. (See interview guide for further information.) From Mr. Lowry, I was able to obtain three legal contracts for primary research analysis. The first sample was an employment agreement for a Texas company written by Mr. Lowry. The second sample was a hardware-software purchase agreement between a school district an outside public vendor, also written by Mr. Lowry. Finally, he referred me to a professional legal website to access an example of an international product purchase agreement. I directly analyzed these primary resources to gain an extensive understanding of the way contracts are commonly structured and the writing style that is regularly implemented. However, there were limitations to my research. Because I have not attended law school, there were some concepts related to composing a business contract that I was unable to thoroughly grasp, such as all types of possible mediation that must be integrated into contracts to forestall litigation. Also, confidentiality concerns prevented me from reproducing these documents and attaching them to my report. The inherent need for privacy in certain agreements between companies aligns with the legal nature of these texts and can be determined through specific context on a situation-by-situation basis. Discussion of Findings/Results The most significant insight I gained from my research was an in-depth analysis of the audience and purpose legal business contracts are intended to serve, which in turn affects the attorney s writing style and composition. Unlike legal appellant briefs, which are written using highly technical jargon intended to be read by a judge or court justices, business contracts are designed to plainly articulate the specificities of what each party is expected to give and receive from the agreement. They are meant to be read and signed by professionals outside of the legal field, thus attorneys must write them as clearly and directly as possible so no ambiguities that could later be disputed are present. Mr. Lowry explained that he writes contracts in a way so the common man can clearly understand them. This is not only due to the fact that his primary audience is not composed of legal professionals, but also because of a potential secondary audience; if a dispute between the signing parties does later arise, the drafting attorney would be forced to present and defend his contract before a twelve-person jury in a state court. Thus, writing with clarity and in plain English is critical to ensure understanding so a jury with no legal background can decide an

3 accurate verdict. A detached style and active verbs should be implemented so that the facts are easy to identify. For example, there is a section in the employee contract that discusses requirements to receive commission. It states: No commission shall be earned on any sale unless Employee properly enters the sale into Company s Keystroke computer system with the correct salesman number. For this purpose, Employee shall use a user number assigned by Company for each Arts and Craft Customer sale, and Employee shall use a different user number assigned by Company for each Butterfly Customer sale. While Mr. Lowry could have constructed this process in a wordy manner, he used simple sentence structure, active verbs, and plain word choice to make it readily apparent to anyone reviewing the document what must be done to earn commission. Furthermore, the three sample documents were all structured around definitions. The software agreement contract between a public school district and outside vendor begins by presenting a brief background of the two parties and their relationship, and follows with a section of terms that states each defined term capitalized below has the meaning ascribed to that term in this Section 1 when used throughout this Agreement. Including this section is uniquely critical to understanding the entire document, as the attorney must ensure readers potentially unfamiliar with certain terms will have a place a reference with which to dismantle any potential confusion. After the critically important definitions section, contracts are then generally followed by a clear statement of who the parties are and what considerations each is given from the other. A remedies portion comes next, which describes what remedies the buyer will have if the seller doesn t perform agreed upon duties, and vice-versa. Indemnification provisions align with the remedies section, and lead into warranties and representation declarations, which detail the time period in which the seller has to respond to a software problem. A termination section states how long the agreement will be legally-binding in court, and contracts conclude with an assertion of which state law will govern and which venue will be used if litigation eventually arises. There is also a statement of the final basis of bargain. In the software agreement, this section offers a sense of finality in reading: You acknowledge that we have set our fees and entered into this agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth in this agreement, and that the same form an essential basis of the bargain between the parties. This section embodies a straightforward way of summarizing the nature and purpose of the document. Although employment contracts differ slightly in that they contain less sections dealing with dispute resolution and no mention of product agreement, they reflect the same writing style as all contracts in general. Because attorneys want to avoid going to court over what the wording in the contracts mean, detailed attention to grammar is necessary. If complex language is introduced, simple definitions should accompany it. Shorter sentences that allow the reader to continuously confirm thoughts and provisions should be implemented, as should simple word choice.

4 Furthermore, business contracts are not a type of writing that invites a use of pathos. Appeals to ethos and logos appropriately reflect the purpose of the genre: to construct a logical agreement that fairly satisfies the needs of both parties. It is also imperative that content is restricted to only the necessities of the agreement; any superfluity or personal voice would simply serve to cloud the defined provisions. During my conversation with Mr. Lowry, and throughout my general research, I learned writing is a huge component of an attorney s job, regardless of his or her specialization. It is also important to recognize that strict adherence to the rhetorical situation must outweigh both personal preferences in style and tone and the tendency to implement elevated legal language. The attorney is acting as an unbiased representative and must maintain a professional demeanor throughout the document. Conclusions Paradoxically, attorneys must have great legal knowledge to effectively represent their clients in constructing successful contracts, but they must write them in a way so that one with no legal background can adequately grasp the basic terms of agreement. It is also important to dispel the misconception that attorneys spend most of their time arguing in court. In reality, the majority of attorneys (other than criminal attorneys) spend a great deal of their time carefully wording documents for the purpose of avoiding going to court at all. They instead want to construct efficient agreements to satisfy both parties so that no litigation is necessary. As a result of my professional development research, my intended focus area within the field of legal studies has changed. While I was originally more interested in pursuing constitutional law, I ve come to realize that business law would be a highly-profitable career better suited to my strengths in writing and ability to reason logically. I plan to study for the LSAT and take practice exams, as well as continue to analyze and research contracts.. Furthermore, having a long conversation with Mr. Lowry helped reassure me that attending law school and working for a respectable firm are not as intimidating as they can sometimes seem. I intend to follow up on my conversation with Mr. Lowry; he will be a knowledgeable resource to answer any legal questions that arise I continue to study business contract law. His encouragement, coupled with the realization that I could understand the process that goes into writing what I had originally viewed as quite complicated legal contracts, motivated me to more vigorously explore this possible future career path. References "Contracts 101: Making a Legally Valid Contract." NOLO Law for All. NOLO, Web. 29 Sep < valid html>. "Drafting Legal Documents: Principles of Clear Writing." National Archives. The U.S. National Archives and Records Administration, Web. 29 Sep <

5 Guilford, Andrew. "Legal writing: A contract between the reader and writer." California Bar Journal. (2010). Web. 29 Sep < November2010/TopHeadlines/TH4.aspx>. Lowry, James K. Telephone interview by Kelsey Jarzombek. 28 Sep Appendix Interview Guide

How to Write an Intelligence Product in the Bottom Line Up Front (BLUF) Format

How to Write an Intelligence Product in the Bottom Line Up Front (BLUF) Format How to Write an Intelligence Product in the Bottom Line Up Front (BLUF) Format This exercise will demonstrate how to write an intelligence product in the BLUF format, using an intelligence assessment produced

More information

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing

More information

LIMITED SCOPE REPRESENTATION

LIMITED SCOPE REPRESENTATION LIMITED SCOPE REPRESENTATION Section _.1 What is Limit Scope Representation Section _.2 Scope of Representation Rule 4-1.2(c) Section _.3 Communication Rule 4-1.2(e) Section _.4 Appearance and Withdrawal

More information

WRITING A CRITICAL ARTICLE REVIEW

WRITING A CRITICAL ARTICLE REVIEW WRITING A CRITICAL ARTICLE REVIEW A critical article review briefly describes the content of an article and, more importantly, provides an in-depth analysis and evaluation of its ideas and purpose. The

More information

Frequently Asked Questions: Pre-Law Study Through The Legal Studies Program

Frequently Asked Questions: Pre-Law Study Through The Legal Studies Program Frequently Asked Questions: Pre-Law Study Through The Legal Studies Program 1. Why was the Legal Studies degree program created? The pre-law program was created to provide students with an opportunity

More information

AAS Paralegal Program Student Survey

AAS Paralegal Program Student Survey AAS Paralegal Program Student Survey The purpose of this survey is to assess your familiarity and comfort level with the courses taken and skills developed throughout the Paralegal Program. Please answer

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES Amended and Effective October 1, 2013 SIGNIFICANT CHANGES: 1. Mediation R-9. Mediation: Mediation is increasingly relied upon and is an accepted part of

More information

Potential legal opinion liability for Ohio business lawyers

Potential legal opinion liability for Ohio business lawyers Potential legal opinion liability for Ohio business lawyers by Phillip M. Callesen and James W. May Lawyers know that one of the biggest risks of practicing law is that a client may sue the lawyer for

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

More information

PRE-GRADUATION JUDICIAL INTERNSHIPS

PRE-GRADUATION JUDICIAL INTERNSHIPS PRE-GRADUATION JUDICIAL INTERNSHIPS and Internships at the United States Attorney s Office, the Federal Public Defender s Office, and the Bexar County District Attorney s Office PROFESSOR VINCENT R. JOHNSON

More information

THE ALI S PRINCIPLES OF SOFTWARE CONTRACTING: SOME. Maureen A. O Rourke. Cite as 12 J. HIGH T ECH. L. 159 (2011) I. INTRODUCTION

THE ALI S PRINCIPLES OF SOFTWARE CONTRACTING: SOME. Maureen A. O Rourke. Cite as 12 J. HIGH T ECH. L. 159 (2011) I. INTRODUCTION THE ALI S PRINCIPLES OF SOFTWARE CONTRACTING: SOME COMMENTS & CLARIFICATIONS Maureen A. O Rourke Cite as 12 J. HIGH T ECH. L. 159 (2011) I. INTRODUCTION When I joined Boston University School of Law s

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

CAP 115/123 Linked Project: Visual Rhetorical Analysis

CAP 115/123 Linked Project: Visual Rhetorical Analysis CAP 115/123 Linked Project: Visual Rhetorical Analysis Spring 09 The study of representation that one thing stands for something else prevails across disciplines and cultures and assumes one underlying

More information

Can an automotive dealership void your warranty?

Can an automotive dealership void your warranty? Can an automotive dealership void your warranty? Understanding the Magnuson-Moss Warranty Act of 1975. Nearly everyone has heard about someone who has taken a vehicle that has been modified with aftermarket

More information

Lesson: Editing Guidelines and Response Writing: Essay Exam (Part 1)

Lesson: Editing Guidelines and Response Writing: Essay Exam (Part 1) Put That In Writing - Level Two 113 UNIT 9 Lesson: Editing Guidelines and Response Writing: Essay Exam (Part 1) 9.1 Learning Objectives A. To know the guidelines for editing an essay. B. To edit and improve

More information

PRE-GRADUATION JUDICIAL INTERNSHIPS

PRE-GRADUATION JUDICIAL INTERNSHIPS PRE-GRADUATION JUDICIAL INTERNSHIPS and Internships at the United States Attorney s Office, the Federal Public Defender s Office, and the Bexar County District Attorney s Office PROFESSOR VINCENT R. JOHNSON

More information

A different approach. to business law.

A different approach. to business law. A different approach to business law. At Hopper Blackwell, 2 Most established law firms are capable and do a good job. But being capable is not enough for us. At Hopper Blackwell, we address the everchanging

More information

APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP)

APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP) APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP) 1. Read the enclosed summary of Program Description, Trial Requirements, Rules, Application, Agreement and Authorization and Release

More information

A Practical Guide to. Hiring a LAWYER

A Practical Guide to. Hiring a LAWYER A Practical Guide to Hiring a LAWYER A PRACTIAL GUIDE TO HIRING A LAWYER I. Introduction 3 II. When do you Need a Lawyer? 3 III. How to Find a Lawyer 4 A. Referrals 4 B. Lawyer Referral Service 5 C. Unauthorized

More information

Referral Agency and Packaging Agency Agreement

Referral Agency and Packaging Agency Agreement Referral Agency and Packaging Agency Agreement Please read this agreement carefully. In signing this agreement, you acknowledge that you have read, understood and agree to be bound by each and every provision

More information

Ohio. New Online. at www.lexis.com. LexisNexis TM continues to be your best resource for Ohio with these additions: APRIL 2003

Ohio. New Online. at www.lexis.com. LexisNexis TM continues to be your best resource for Ohio with these additions: APRIL 2003 Ohio New Online at www.lexis.com APRIL 2003 LexisNexis TM continues to be your best resource for Ohio with these additions: 26 exclusive sources from Anderson Publishing The Register of Ohio New Criminal

More information

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD In appropriate circumstances, a provider may offer pro se litigants assistance or limited representation at various stages of proceedings. COMMENTARY

More information

No. 2--07--1205 Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

No. 2--07--1205 Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Filed: 12-19-08 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT WESTPORT INSURANCE Appeal from the Circuit Court CORPORATION, of McHenry County. Plaintiff and Counterdefendant-Appellee, v. No. 04--MR--53

More information

The Supreme Court of South Carolina

The Supreme Court of South Carolina The Supreme Court of South Carolina LAWYER MENTORING PROGRAM UNIFORM MENTORING PLAN INTRODUCTION Under the terms of Rule 425, SCACR, establishing the Lawyer Mentoring Program, the Court has set out nine

More information

The United States Specialized Bankruptcy Courts

The United States Specialized Bankruptcy Courts INSOLVENCY REFORM IN ASIA: AN ASSESSMENT OF THE RECENT DEVELOPMENTS AND THE ROLE OF JUDICIARY Bali - Indonesia, 7-8 February 2001 THE UNITED STATES SPECIALIZED BANKRUPTCY COURTS Prepared by Messrs. Timothy

More information

EVERYTHING YOU NEED TO KNOW ABOUT PARALEGALS AND LEGAL ASSISTANTS

EVERYTHING YOU NEED TO KNOW ABOUT PARALEGALS AND LEGAL ASSISTANTS EVERYTHING YOU NEED TO KNOW ABOUT PARALEGALS AND LEGAL ASSISTANTS EVERYTHING YOU NEED TO KNOW ABOUT PARALEGAL AND LEGAL ASSISTANT CAREERS 2 NATURE OF WORK Paralegals, or legal assistants as some QUICK

More information

CASE EVALUATION AND PREPARATION DEFENSE PERSPECTIVE

CASE EVALUATION AND PREPARATION DEFENSE PERSPECTIVE CASE EVALUATION AND PREPARATION DEFENSE PERSPECTIVE Solo and Small Firm Conference James R. Hobbs Wyrsch Hobbs & Mirakian, PC In assessing a criminal case, there are many factors that need to be considered

More information

Cash Advance Agreement (Case ID: )

Cash Advance Agreement (Case ID: ) Cash Advance Agreement (Case ID: ) THIS AGREEMENT is entered into on this date,, between (hereinafter Seller ), residing in and Peacock Lending (hereinafter Purchaser ). Purchaser and Seller are collectively

More information

PROFESSIONAL COUNSELSM

PROFESSIONAL COUNSELSM PROFESSIONAL COUNSELSM ADVICE AND INSIGHT INTO THE PRACTICE OF LAW Lawyers Toolkit 3.0: A Guide to Managing the Attorney-Client Relationship A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS The

More information

The Common Public License (CPL)

The Common Public License (CPL) 08_Rosen_ch08 Page 161 Thursday, June 17, 2004 10:53 AM 8 The Common Public License (CPL) CPL as a Template IBM has long participated in the open source community. Its involvement along with other major

More information

SUPREME COURT OF WISCONSIN OFFICE OF LAWYER REGULATION. Peter D. Bear is a Wisconsin-licensed attorney, whose address of record is 6516

SUPREME COURT OF WISCONSIN OFFICE OF LAWYER REGULATION. Peter D. Bear is a Wisconsin-licensed attorney, whose address of record is 6516 SUPREME COURT OF WISCONSIN OFFICE OF LAWYER REGULATION Public Reprimand with Consent Peter D. Bear 13-OLR- 1 Attorney at Law Peter D. Bear is a Wisconsin-licensed attorney, whose address of record is 6516

More information

Literacy Standards Articulated Across AQF Qualification Levels

Literacy Standards Articulated Across AQF Qualification Levels Literacy Standards Articulated Across AQF Qualification Levels Writing Standard 1. Writes routinely, over extended time frames, in order to fulfil the requirements of a range of written tasks and assessments.

More information

HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: HOUSE BILL 1067 By Jernigan AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial. BE IT ENACTED BY THE GENERAL ASSEMBLY

More information

Roger Williams University Feinstein College of Arts & Sciences Writing Program Course Guide for Expository Writing

Roger Williams University Feinstein College of Arts & Sciences Writing Program Course Guide for Expository Writing Roger Williams University Feinstein College of Arts & Sciences Writing Program Course Guide for Expository Writing Expository Writing (WTNG 102) is a 3-credit course that fulfills part of the writing requirement

More information

Hagerstown Community College OFFICIAL COURSE SYLLABUS DOCUMENT

Hagerstown Community College OFFICIAL COURSE SYLLABUS DOCUMENT Hagerstown Community College OFFICIAL COURSE SYLLABUS DOCUMENT COURSE: ENG 112 Technical Writing 3 credits INSTRUCTOR: Drumgoole SEMESTER/YEAR: CONTACT INFORMATION: COURSE DESCRIPTION: This course in the

More information

Anthony James Lenz and another man, Glenn Anderkay, burglarized and vandalized an Anchorage laundromat in May 2012. They smashed the laundromat s

Anthony James Lenz and another man, Glenn Anderkay, burglarized and vandalized an Anchorage laundromat in May 2012. They smashed the laundromat s NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk

More information

HOW TO WRITE A CRITICAL ARGUMENTATIVE ESSAY. John Hubert School of Health Sciences Dalhousie University

HOW TO WRITE A CRITICAL ARGUMENTATIVE ESSAY. John Hubert School of Health Sciences Dalhousie University HOW TO WRITE A CRITICAL ARGUMENTATIVE ESSAY John Hubert School of Health Sciences Dalhousie University This handout is a compilation of material from a wide variety of sources on the topic of writing a

More information

2016 Employment Questionnaire (For 2015 Graduates)

2016 Employment Questionnaire (For 2015 Graduates) 2016 Employment Questionnaire (For 2015 Graduates) DEFINITIONS & INSTRUCTIONS Copyright 2016 American Bar Association 2016 ABA EMPLOYMENT QUESTIONNAIRE DEFINITIONS AND INSTRUCTIONS Employment information

More information

Understanding the Legal Risks of Cloud Computing. Navigating the Network Security and Data Privacy Issues Associated with Cloud Services

Understanding the Legal Risks of Cloud Computing. Navigating the Network Security and Data Privacy Issues Associated with Cloud Services Understanding the Legal Risks of Cloud Computing Navigating the Network Security and Data Privacy Issues Associated with Cloud Services 2012 Thomson Reuters/Aspatore All rights reserved. Printed in the

More information

PLANNING, ORGANIZING, REVISING, AND EDITING AN ESSAY

PLANNING, ORGANIZING, REVISING, AND EDITING AN ESSAY PLANNING, ORGANIZING, REVISING, AND EDITING AN ESSAY Planning Invention The process of questioning, analyzing, and researching a topic Planning Questioning Have you ever started an essay without a concrete

More information

APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK

APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK Public interest work is done in a wide variety of practice settings. Lawyers also use different advocacy approaches. Finally, different organizations focus on

More information

The Right Choice for Call Recording Call Recording and Electronic Discovery

The Right Choice for Call Recording Call Recording and Electronic Discovery Call Recording and Electronic Discovery An OAISYS White Paper Table of Contents The Costs and Risks of Litigation...1 Call Recording, Lawsuits and Electronic Discovery...1 The Consequences of Miscommunication...2

More information

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner 91 THE AMERICAN LAW INSTITUTE Continuing Legal Education Estate Planning for the Family Business Owner Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation

More information

Leads may be resubmitted within 4 months of the leads license renewal date.

Leads may be resubmitted within 4 months of the leads license renewal date. 1. LEAD GENERATION SERVICES (a) IBP agrees to collect and provide School with Leads as further specified herein and as described in the Lead Payment Schedule as may be executed by the parties from time

More information

Los Angeles Business Litigation Lawyer

Los Angeles Business Litigation Lawyer Los Angeles Business Litigation Lawyer About Us The Law Offices of Mathew & George is a boutique law firm representing both plaintiffs and defendants in litigation matters and particularly in matters of

More information

CASE NO. 1D15-1966. The instant appeal originated with a medical malpractice complaint filed by

CASE NO. 1D15-1966. The instant appeal originated with a medical malpractice complaint filed by IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAN COLVIN AND WADE COLVIN, v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE

More information

Investment Advisory Agreement

Investment Advisory Agreement This Investment Advisory Agreement ( Agreement ) is entered into by and between ( Client ), SPC Financial (SPC) a U.S. Securities & Exchange Commission ( SEC ) Independent Registered Investment Adviser,

More information

PHOENIX NEW MEDIA LIMITED STATEMENT OF POLICIES GOVERNING MATERIAL, NON-PUBLIC INFORMATION AND THE PREVENTION OF INSIDER TRADING

PHOENIX NEW MEDIA LIMITED STATEMENT OF POLICIES GOVERNING MATERIAL, NON-PUBLIC INFORMATION AND THE PREVENTION OF INSIDER TRADING PHOENIX NEW MEDIA LIMITED STATEMENT OF POLICIES GOVERNING MATERIAL, NON-PUBLIC INFORMATION AND THE PREVENTION OF INSIDER TRADING Adopted on [ ], 2011 and effective conditional and immediately upon commencement

More information

CERTIFICATE PROGRAMS

CERTIFICATE PROGRAMS Revised 31 July 2015 CERTIFICATE PROGRAMS Oklahoma City University School of Law offers a number of certificate programs for students pursuing the JD degree. If you would like to pursue a certificate program

More information

A LEGAL GUIDE TO CLOUD COMPUTING

A LEGAL GUIDE TO CLOUD COMPUTING A LEGAL GUIDE TO CLOUD COMPUTING INTRODUCTION Many companies are considering implementation of cloud computing services to decrease IT costs while providing the flexibility to scale usage on demand. The

More information

Course Court Systems and Practices

Course Court Systems and Practices Course Court Systems and Practices Unit I Criminal Justice System Essential Question What are the history, structure, and function of the state and federal courts and criminal procedure? TEKS 130.296(c)

More information

IRS Administrative Appeals Process Procedures

IRS Administrative Appeals Process Procedures IRS Administrative Appeals Process Procedures Charles P. Rettig Avoiding litigation is often the best choice for a client. The Administrative Appeals process can make it happen. Charles P. Rettig, a partner

More information

CALIFORNIA LEMON LAW SUMMARY

CALIFORNIA LEMON LAW SUMMARY CALIFORNIA LEMON LAW SUMMARY 1. Citation Song-Beverly Consumer Warranty Act, Cal. Civil Code 1790-1795.7; Tanner Consumer Protection Act, 1793.22; Cal. Business and Professions Code 472-472.5; 16 Cal.

More information

Personal Injury Attorney Los Angeles CA

Personal Injury Attorney Los Angeles CA Personal Injury Attorney Los Angeles CA About Us The Law Offices of Mathew & George is a boutique law firm representing both plaintiffs and defendants in litigation matters and particularly in matters

More information

Elevate Your Customer Engagement Strategy with Cloud Services

Elevate Your Customer Engagement Strategy with Cloud Services SAP Brief SAP Services Cloud Services for Customer Relations Objectives Elevate Your Customer Engagement Strategy with Cloud Services Win over today s empowered customers Win over today s empowered customers

More information

United States v. Jones: The Government s Use of a GPS Tracking Device Constitutes a Search within the Meaning of the Fourth Amendment

United States v. Jones: The Government s Use of a GPS Tracking Device Constitutes a Search within the Meaning of the Fourth Amendment United States v. Jones: The Government s Use of a GPS Tracking Device Constitutes a Search within the Meaning of the Fourth Amendment On January 23rd, 2012, the United States Supreme Court handed down

More information

United States Small Business Administration Office of Hearings and Appeals

United States Small Business Administration Office of Hearings and Appeals Cite as: Size Appeal of Nuclear Fuel Services, Inc., SBA No. SIZ- 5324 (2012) United States Small Business Administration Office of Hearings and Appeals SIZE APPEAL OF: Nuclear Fuel Services, Inc., Appellant,

More information

CHANGES TO FEDERAL JURISDICTION AND PROCEDURE

CHANGES TO FEDERAL JURISDICTION AND PROCEDURE CHANGES TO FEDERAL JURISDICTION AND PROCEDURE Rob Moseley and Fredric Marcinak Smith Moore Leatherwood, LLP Greenville, SC www.smithmoorelaw.com 864-242-6440 The recently enacted Federal Courts Jurisdiction

More information

Appendix E. A Guide to Writing an Effective. Executive Summary. Navy and Marine Corps Public Health Center Environmental Programs

Appendix E. A Guide to Writing an Effective. Executive Summary. Navy and Marine Corps Public Health Center Environmental Programs Appendix E A Guide to Writing an Effective Executive Summary Navy and Marine Corps Public Health Center Environmental Programs MISSION Ensure Navy and Marine Corps readiness through leadership in prevention

More information

Writing Emphasis by Grade Level Based on State Standards. K 5.1 Draw pictures and write words for specific reasons.

Writing Emphasis by Grade Level Based on State Standards. K 5.1 Draw pictures and write words for specific reasons. Writing Emphasis by Grade Level Based on State Standards Grade K K 5.1 Draw pictures and write words for specific reasons. Grade 1 1.5.1 Write brief narratives describing an experience. Grade 2 2.5.2 Write

More information

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS APPLICATION FOR APPROVAL AS QUALIFIED COUNSEL IN DEATH PENALTY CASES To be filled in by Region only: Application No. - Received on: By: I,, State Bar Card

More information

Shelter Scotland response to the Scottish Government consultation on the Courts Reform (Scotland) Bill

Shelter Scotland response to the Scottish Government consultation on the Courts Reform (Scotland) Bill Shelter Scotland response to the Scottish Government consultation on the Courts Reform (Scotland) Bill Shelter Scotland is responding to this consultation in our capacity as a homelessness and housing

More information

Practice Aid 10 1. Serving as an. Expert Witness. or Consultant 10639-378

Practice Aid 10 1. Serving as an. Expert Witness. or Consultant 10639-378 Practice Aid 10 1 Serving as an Expert Witness or Consultant 10639-378 NOTICE TO READERS This publication is designed to provide illustrative information with respect to the subject matter covered. It

More information

NDNU GRADUATE LEVEL INSTITUTIONAL LEARNING OUTCOMES

NDNU GRADUATE LEVEL INSTITUTIONAL LEARNING OUTCOMES S WORKING DRAFT FOR PILOT ACROSS GRADUATE PROGRAMS Approved by GASCC; Revised by the Assessment Council, Spring 2013 April 2 nd, 2013 Notre Dame de Namur University Note: Most rubrics adapted from AAC&U

More information

TrademarkAuthority Legal Services Engagement Agreement

TrademarkAuthority Legal Services Engagement Agreement TrademarkAuthority Legal Services Engagement Agreement 1. THE PARTIES / EFFECTIVE DATE. This TrademarkAuthority Legal Services Engagement Agreement ( Agreement ) is made between ( Pearl Cohen ), the exclusive

More information

1. Define and Know (D) 2. Recognize (R) 3. Apply automatically (A) Objectives What Students Need to Know. Standards (ACT Scoring Range) Resources

1. Define and Know (D) 2. Recognize (R) 3. Apply automatically (A) Objectives What Students Need to Know. Standards (ACT Scoring Range) Resources T 1. Define and Know (D) 2. Recognize (R) 3. Apply automatically (A) ACT English Grade 10 Rhetorical Skills Organization (15%) Make decisions about order, coherence, and unity Logical connections between

More information

One Forum, Suite 1000 8000 I.H. 10 West San Antonio, Texas 78230-3870

One Forum, Suite 1000 8000 I.H. 10 West San Antonio, Texas 78230-3870 One Forum, Suite 1000 8000 I.H. 10 West San Antonio, Texas 78230-3870 VISION We have earned a well deserved, long-standing reputation of excellence in serving our clientele. Traditional values, hard work,

More information

FORENSIC ACCOUNTANT AND EXPERT WITNESS ACCREDITATION SCHEME Guidance from the assessors

FORENSIC ACCOUNTANT AND EXPERT WITNESS ACCREDITATION SCHEME Guidance from the assessors FORENSIC ACCOUNTANT AND EXPERT WITNESS ACCREDITATION SCHEME Guidance from the assessors Preparing your submission These notes refer to, and should be read in conjunction with, Section 3 of the application

More information

Information for Law Firms On Public Relations

Information for Law Firms On Public Relations Information for Law Firms On Public Relations USING PUBLIC RELATIONS TO PROMOTE YOUR FIRM Public relations is an extremely broad heading and can be used to cover a wide range of activities undertaken by

More information

WHOLESALE PURCHASE AGREEMENT

WHOLESALE PURCHASE AGREEMENT WHOLESALE PURCHASE AGREEMENT INTERNATIONAL HOLESALE PURCHASE AGREEMENT Please complete this form, and fax back pages 2 and 6 to: Camille della Santina, Calvet Cosmetics {818} 988.1346 or email to: wholesale@silcskin.com

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL

More information

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA Parts in blue print are instructions to user, not to be included in filed document unless so noted. [Parts and references in green font, if any, refer to juvenile proceedings. See Practice Note, this web

More information

SETTLEMENT AGREEMENT. This Settlement Agreement (hereafter Agreement ) is entered into by

SETTLEMENT AGREEMENT. This Settlement Agreement (hereafter Agreement ) is entered into by SETTLEMENT AGREEMENT This Settlement Agreement (hereafter Agreement is entered into by and between the American Academy of Actuaries (the Academy and Bruce D. Schobel ( Mr. Schobel. The Academy and Mr.

More information

In Corporate Transactions will the Insurance Follow

In Corporate Transactions will the Insurance Follow In Corporate Transactions will the Insurance Follow the liabilities? b y M i c h a e l H. G i n s b e r g a n d I a n F. L u p s o n Companies buying and selling corporate assets and subsidiaries often

More information

No. 3 09 0033 THIRD DISTRICT A.D., 2009

No. 3 09 0033 THIRD DISTRICT A.D., 2009 No. 3 09 0033 Filed December 16, 2009 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2009 KEPPLE AND COMPANY, INC., ) Appeal from the Circuit Court an Illinois Corporation, ) of the 10th Judicial

More information

Standards and Requirements for Specialist Certification and Recertification

Standards and Requirements for Specialist Certification and Recertification Standards and Requirements for Specialist Certification and Recertification The following are Standards and Requirements for Certification and Recertification of lawyers as Criminal Law Specialists. The

More information

I Preliminary Comments and General Observations

I Preliminary Comments and General Observations REFUGEE LAWYERS ASSOCIATION SUBMISSION REGARDING LAO S PROPOSED PANEL STANDARDS Prepared by Raoul Boulakia, President and Maureen Silcoff Chair, Access to Justice Committee February 2, 2014 I Preliminary

More information

IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A.

IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A. CHARLES EDWARD DAVIS, Applicant-Appellant, vs. IN THE COURT OF APPEALS OF IOWA No. 14-0420 Filed May 20, 2015 STATE OF IOWA, Respondent-Appellee. Appeal from the Iowa District Court for Woodbury County,

More information

How to Create Effective Training Manuals. Mary L. Lanigan, Ph.D.

How to Create Effective Training Manuals. Mary L. Lanigan, Ph.D. How to Create Effective Training Manuals Mary L. Lanigan, Ph.D. How to Create Effective Training Manuals Mary L. Lanigan, Ph.D. Third House, Inc. Tinley Park, Illinois 60477 1 How to Create Effective Training

More information

Antonio Gastelum, Inc. INVESTMENT MANAGEMENT AND ADVISORY AGREEMENT ( Agreement )

Antonio Gastelum, Inc. INVESTMENT MANAGEMENT AND ADVISORY AGREEMENT ( Agreement ) Antonio Gastelum, Inc. INVESTMENT MANAGEMENT AND ADVISORY AGREEMENT ( Agreement ) Management and Advisory Agreement This Investment Management and Advisory Services ( Advisory Services ) Agreement dated

More information

Summary. Natalie Marshall. Graduation Date: 2014. MArCH Honor Society Career Profile for: Lawyer. Type: Professional Area: Legal Subarea: Lawyer

Summary. Natalie Marshall. Graduation Date: 2014. MArCH Honor Society Career Profile for: Lawyer. Type: Professional Area: Legal Subarea: Lawyer Natalie Marshall Graduation Date: 2014 MArCH Honor Society Career Profile for: Lawyer Type: Professional Area: Legal Subarea: Lawyer From the U.S. Bureau of Labor Statistics Occupational Outlook Handbook

More information

ATTORNEY SPECIALIST MICHIGAN CIVIL SERVICE COMMISSION JOB SPECIFICATION

ATTORNEY SPECIALIST MICHIGAN CIVIL SERVICE COMMISSION JOB SPECIFICATION MICHIGAN CIVIL SERVICE COMMISSION JOB SPECIFICATION ATTORNEY SPECIALIST JOB DESCRIPTION Employees in this job function as attorneys in a specialized area of legal practice. The attorneys routinely and

More information

CERTIFICATE PROGRAMS

CERTIFICATE PROGRAMS Revised 01 July 2014 CERTIFICATE PROGRAMS Oklahoma City University School of Law offers a number of certificate programs for students pursuing the JD degree. If you would like to pursue a certificate program

More information

OPINION 21-12 APPLICABILITY OF RULE 49 TO DISCOVERY SERVICES COMPANIES. Issued January 12, 2012

OPINION 21-12 APPLICABILITY OF RULE 49 TO DISCOVERY SERVICES COMPANIES. Issued January 12, 2012 OPINION 21-12 APPLICABILITY OF RULE 49 TO DISCOVERY SERVICES COMPANIES Issued January 12, 2012 Pursuant to District of Columbia Court of Appeals Rule 49, and specifically its section 49(d)(3)(G), the District

More information

Outsourcing Legal Research and Writing Projects

Outsourcing Legal Research and Writing Projects Outsourcing Legal Research and Writing Projects by Lisa Solomon 6 Why Outsource Your Legal Research and Writing Projects Lawyers outsource legal research and writing projects for a variety of reasons.

More information

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; RULE 1.5 FEES [Effective July 1, 2003] (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining

More information

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules

More information

2. Five years post-graduate degree experience with child custody issues that may include evaluations, therapy, and mediation.

2. Five years post-graduate degree experience with child custody issues that may include evaluations, therapy, and mediation. I. Role of the Special Master The Special Master is a quasi-judicial role where an expert is given legal authority to make prompt recommendations in high conflict, crisis situations to the court and to

More information

PROGRAM CONCENTRATION: Public Safety and Government COURSE TITLE: Exploring Public Safety and Government Education Sixth Grade

PROGRAM CONCENTRATION: Public Safety and Government COURSE TITLE: Exploring Public Safety and Government Education Sixth Grade PROGRAM CONCENTRATION: Public Safety and Government COURSE TITLE: Exploring Public Safety and Government Education Sixth Grade COURSE DESCRIPTION: This course serves as an introduction to a variety of

More information

Invention Analysis and Claiming, A Patent Lawyer s Guide. Effective patent claim drafting attempts to balance discrete disclosure of all elements

Invention Analysis and Claiming, A Patent Lawyer s Guide. Effective patent claim drafting attempts to balance discrete disclosure of all elements Invention Analysis and Claiming, A Patent Lawyer s Guide By: Ronald D. Slusky Chicago, IL: ABA Publishing, 2007, ISBN 978-1-59031-818-8 Price $79.95, pp. 279. Reviewed by Lucas I. Silva Journal of High

More information

Family Law Dispute Resolution Options

Family Law Dispute Resolution Options Family Law Dispute Resolution Options If you are presented with a divorce or other family law matter which requires a resolution, there are a number of procedural models which may be used. The most commonly

More information

Best Practice Newsletter Volume 1, Issue 2

Best Practice Newsletter Volume 1, Issue 2 Best Practice Newsletter Volume 1, Issue 2 Page 2 The Uniform Mediation Act Do We Need It? Do We Want It? Page 3 Ten Suggestions For The Advocate Mediating The Complex Case By George Fitzsimmons Page 6

More information

Appendix: W. Item: Curriculum Course Guide - New High School Course/Honors Creative Writing Department: Instructional Services

Appendix: W. Item: Curriculum Course Guide - New High School Course/Honors Creative Writing Department: Instructional Services Appendix: W Item: Curriculum Course Guide - New High School Course/Honors Creative Writing Department: Instructional Services Background/Historical Context: Creative Writing has been offered in our school

More information

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS

More information

This project supported by a grant from:

This project supported by a grant from: Best Practices Guide International Association of Chiefs of Police Smaller Police Departments Technical Assistance Program Grant Writing by Bridget Newell, Ph.D. This project supported by a grant from:

More information

STUDENT STUDY GUIDE CHAPTER FIVE

STUDENT STUDY GUIDE CHAPTER FIVE Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER FIVE 1. Orators were able to win cases for their clients as a result of their a. knowledge of the law b. skill in speaking and debating c. familiarity

More information

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Here are 9 questions you should ask EVERY lawyer you interview to represent you in a personal

More information

Grievance Policy. 1. Policy Statement

Grievance Policy. 1. Policy Statement Grievance Policy 1. Policy Statement The University is keen to provide a positive and supportive working environment for all of its employees, and as such will take every step to resolve issues in the

More information

Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law)

Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Aida S. Montano Bill Analysis Legislative Service Commission Sub. H.B. 9 * 126th General Assembly (As Reported by H. Civil and Commercial Law) Reps. Oelslager, Flowers, Buehrer, White, Trakas BILL SUMMARY

More information