Memorandum

TO: Dr. Lori Coffae FROM: Ilen Elias SUBJECT: Discourse Community Rhetorical Analysis Short Report DATE: June 12, 2011

The legal profession requires a lot of writing, whether one is a lawyer or a law student. The primary goal of most law school student is to become a lawyer. The process of transferring over from law student to lawyer is not an easy one. For someone to become a lawyer, they must have graduated with a Bachelors degree. Before graduation they must take the "Law School Admissions Test" and start applying to law school. Law school will take about three years. After graduation of the Juris Doctorate degree, one must pass the bar exam of their state of attendance and then gain admission into their state bar. Law schools prepare students for most of the aspects of becoming a lawyer, but a lot of well-known and talented lawyers become that way due to their practices and experiences, not just the education that they receive. As a lawyer or law student, one must write effectively and concisely. The main goal of legal writing is to inform and persuade. Some examples of legal writing are, but not limited to, legal documents such as case briefs, motions, letters to clients, leases, and testaments. Law school students may write law reviews which may be published. Two questions that come to mind are, "how do you write effectively and concisely?" and "do you learn this in law school or over time?" To answer these questions and provide other information, two lawyers were interviewed; Mr. Alarcon and Mr. Camejo. Mr. Alarcon has a general law practice; his concentrations are bankruptcy, family, traffic, criminal and real estate. He explained that this type of practice requires two types of writings: factual letter writing and preparation of legal briefs. Mr. Camejo is a trial attorney and a partner of a law firm practicing in the areas of criminal defense and civil litigation. Though civil and criminal litigation are different, his office litigates those cases are quiet similar. Legal Writing Since lawyers write the same type of documents, and one needs clarification on what makes legal documents different from any other and what legal documents entail, we asked the interviewed lawyers several questions. When asked about what briefs are, Mr. Alarcon defined them as the following: Legal briefs are narrative documents prepared with two intentions. Firstly, to set forth the facts of the case as perceived by your client. Secondly, and most importantly, they are designed to influence and compel the Judge to make a decision in your favor. These documents are designed to help, but also to sway, the Judge in making his final findings in a case. Now that one has a better understanding of that a legal brief is, what information is needed and how does one go about writing a brief?

Legal briefs are not easy and should not be taken as childs play. Mr Alarcon says, The application of law section in a brief requires a specialized skill in legal research so that the lawyer will provide the most current laws and cases applicable to his matter. It requires the lawyer to argue his reasons for the law favoring his case. This is the part of legal writing that wins admiration from judges. Lawyers that waste the courts time by writing such long documents are looked down upon with disdain by judges and opposing attorneys. Judges want it short and straight to the point. As one can see any and all legal writing, whether they be briefs or not, should be concise, effective, credible, and well written. The importance of a well written, concise, and informative legal document is clear, but what remains to be seen is how lawyers do it. Is there a specific guideline or method that one uses? Or does one just wing it? While in law school, Mr. Camejo learned how to write by using C.I.R.A.C, which is an acronym that stands for CONCLUSION, ISSUE, RULE, ANALYSIS and CONCLUSION. He goes on to explain how to use the C.I.R.A.C method. He says that In order to write a legal document effectively, you should begin by telling the reader your position on the issue at hand. By telling the reader your Conclusion at the beginning, he or she will be able to follow your argument and know where you are going. After you tell the reader your Conclusion you list out the Issue(s) in dispute. Then you explain the Rule or the law that applies to those issues. In the Analysis portion of your writing, you explain to the reader how the law applies to the facts of your case and how the law as it stands supports your position. Lastly, you tell the reader once again what your Conclusion is. This is where you reiterate your position and convince the reader to rule in your favor. This format undoubtedly helps me stay focused on the issues in dispute and makes my writing more concise and ultimately more effective. This goes to show that you do not just wing it, but that there is a method one can use to write a legal document effectively. Legal Writing Examples While analyzing the case brief for Maples vs. Thomas, one can tell that what Mr. Alarcon and Mr. Camejo said was true about briefs; they must be clear, concise, informative and well written. The case brief of the Supreme Court decision of Maples vs. Thomas can be intimidating because of its length, but it follows the guidelines given above. The Maples vs. Thomas case was a case about Maples, who was convicted of capital murder and sentenced to death for killing two people. After many state court appeals, Maples filed a petition for post-conviction relief; it was dismissed. Maples never received this deadline order because his lawyers left their firm and the court clerk did nothing when the letter with the order was returned unopened. Since Maples did not receive notice of the deadline, he did not file an appeal and his claims were dismissed. Maples sued because the state failed to notify him of an order that could result in his death. The underlying claim is that his trial counsel provided ineffective assistance. The first page is the docket which informs of the parties involved. Next is the table of content. The table of authorities, which includes the cases that will help the attorneys make their case follows the table of content. The table of authorities also includes statues and state rules that will help the case, a summary of the argument gives the position that will be taken, a continuing with the issues, a background on the case, the analysis in which one explains how the cases, laws listed on the table of authorities will support the case, and lastly the conclusion is reiterated.

When analyzing a lease, which is another, different legal document, one can not analyze it or write it exactly like briefs but can use a modified version of the C.I.R.A.C method. A lease begins with an agreement between parties, that on a particular day they are entering into an agreement together about renting a business space or place of living. This can be considered the conclusion. As the lease continues, terms and restrictions can be considered the issues, particular rules that a tenant or landlord must abide by are the rules, any particular clauses that you may want to put in such as remedies on owner default, which can entail an explanation of the breach of contract or actions taken for unpaid rent can be considered the analysis as it is informing them that if they do breach the contract, one will seek legal repercussions; the end of the lease is where there can be one or two sentences in which both parties acknowledge that they agree to the terms and conditions of the agreement, again the conclusion. As one can see the C.I.R.A.C method is not used in the same way as one would use it in a brief, but the method is still valid. More About Lawyers There are more to lawyers than just good written communication skills, they also need good oral communication skills. Lawyers interpret and advise on the law and act as advocates and counselors to their clients. "They counsel their clients on some of the most important decision of their lives. Attorneys explain the law to individuals who need an advocate on their behalf. The entire practice essentially revolves around helping others during the most critical and trying times of their lives," Mr. Camejo said when asked to express his feeling about lawyers and their client relationship. Lawyers also need the ability to pay attention to detail, and the ability and knowledge perform good research and analytical skills. Attorneys are officers of the court and are therefore expected and required to dress in a professional manner. Whether lawyers are appearing before a judge in court or in the office, male attorney's usually wear a suit, dress shirt and tie. Female attorneys are also required to dress accordingly, either by wearing a pant, skirt, or dress suit and a dress shirt. Mr. Alarcon expresses his idea of what the legal profession is and how frustrated he is with those few bad apples, "The legal community defines itself with values of ethics, professionalism, honesty, trust and loyalty. However, while most lawyers like me strive to behave to the highest standards of those qualities, both in our professional and private lives, I constantly find myself in the presence of lawyers that dont abide by those standards. Unethical, unprofessional and very dishonest behavior is becoming more popular with the passage of time." Mr. Camejo expresses similar ideas with Mr.Alarcon and he too is frustrated with those lawyers who do not act accordingly, "Lawyers are commonly stereotyped by society as individuals who steal, cheat, and lie. Ironically, with the exception of a few rotten apples, nothing can be further from the truth. In fact, attorneys spend their entire careers helping people through the most trying and difficult times in those individuals' lives." Lawyers are essential to the legal system. There will always be a need for lawyers and their legal writing, whether the lawyers themselves or their secretaries write the document. Mr.

Alarcon shared this interesting fact: "I can genuinely say that one summer typing class and years of refining that skill has saved me around $450,000.00 in salaries for typists over the course of my career!" This is an interesting figure to think about. A lawyer could have paid that in salaries but instead he kept up with his skills and saved a lot. Another interesting fact was Mr. Camejo's final thought on being a lawyer: "I had many expectations coming into this profession, but I think I was met with even more surprises. Although I knew coming in that this was a very demanding profession and that attorneys worked hard, I never expected or I should say appreciated the amount of time and energy that an attorney has to put into each and every case. I was also surprised by how appreciated you are by a client that you really take the time to help them out during their time of need. It has been very gratifying to know that I have made a difference in so many people's lives in my relatively short career." Lawyers are more than just great written and oral communicators, they are professionals who advocate and advise in people's daily lives. "A career in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. At the heart of the legal professionals role is client service," expresses Mr.Camejo. What more can one ask for than a career where one helps others with their legal concerns, in an exciting and rewarding professional manner.

Works Cited

Alarcon, H. Personal Interview. 10 June 2011. Camejo, R. Personal Interview. 11 June 2011. "Maples v. Thomas | Tim Lynch and Ilya Shapiro | Cato Institute: Legal Briefs." The Cato Institute. 25 May 2011. Web. 12 June 2011. <http://www.cato.org/pub_display.php?pub_id=13140>.