Lecture 15 LR

Introduction

  • Mary Anne, a practicing lawyer since 1993, will discuss professional letter writing for lawyers.

  • She also works with the Community Legal Centre Scales in collaboration with Murdoch University.

  • Acknowledgement of Country.

Video Analysis: Better Call Saul

  • The video features a lawyer named Jimmy who discovers overcharging at an assisted living facility and tries to help the residents.

  • Jimmy compares himself to the nephew to show that he is there to assist the confused seniors.

  • He uses simple language, such as "getting your money back," and focuses on fairness rather than legal jargon like "compensation" or "restitution."

  • Jimmy explains a breach of contract in a way that is easy to understand.

  • Dodgy behavior included setting the whole thing up and talking to one person in front of everyone, which is not confidential conversation.

  • Jimmy is exploiting vulnerable people.

  • The video is a good example of communicating issues in different ways, avoiding complex legal terms.

Letter Writing for Lawyers

  • Letter writing also encompasses emails, as much communication is now electronic.

Purpose of the Letter

  • Inform: Providing advice to clients, updating them on case progress, and advising them of outcomes.

  • Document Issues: Recording communications with clients, other parties, or government departments.

  • Conciliatory vs. Non-Conciliatory:

    • Conciliatory: Attempting to resolve an issue through negotiation.

    • Non-Conciliatory: Taking immediate legal action.

    • Example: Dealing with a tenant in breach of a tenancy agreement.

  • Making a Demand: Requesting action from another party.

  • Persuading: Arguing for a particular outcome, e.g., visa approval.

  • Requests: Seeking expert reports or information from courts/tribunals.

Audience

  • Adapt language, tone, and style depending on the recipient.

  • Consider what the recipient needs to understand.

  • Step into the shoes of the recipient to ensure clarity.

Letters vs. Emails

  • Both are written records and must be professionally written.

  • Maintain a professional persona in all communications.

Professional Expertise

  • Demonstrate knowledge, research, and effective communication.

Plain and Precise Language

  • Use plain English to ensure clarity and simplicity.

  • Oscar Wilde quote: "Excuse the long letter, I didn't have time to write a short one."

  • Be aware of client literacy levels; not all clients can read or understand English.

  • Call clients to explain the letter contents if unsure of their literacy.

Ethics

  • Adhere to legal professional obligations.

Uniform Legal Practice Rules

  • Provide clear and timely advice.

  • Follow client's lawful, proper, and competent instructions.

  • Confirm advice in writing to ensure clients make informed choices, especially vulnerable clients.

  • Document client instructions and information to protect yourself and ensure accuracy.

  • Advise clients on all options, including less costly alternatives.

  • Address client questions about time, cost, and outcome.

Obligations to the Court

  • Do not mislead the court knowingly or recklessly.

Communications with Opponents

  • Do not make misleading statements.

  • Do not mislead or exaggerate client's claims.

  • Do not threaten criminal or disciplinary complaints.

Accuracy

  • Document client requests and information accurately.

  • Seek further information if needed.

  • Accurately explain the law.

Techniques for Effective Letter Writing

  • Use plain English, correct grammar, and spelling.

  • Explain technical terminology simply.

  • Define terms, even seemingly simple ones, to ensure mutual understanding (e.g., "partner" in a visa application).

  • Avoid unnecessary words and legalese.

  • Use the active voice.

  • Avoid clichés, slang, colloquial terms, and metaphors.

  • Explain abbreviations.

  • Limit each paragraph to one theme or point.

  • Use short sentences.

  • Avoid being pompous.

Example of Poorly Written Communication

  • The example sentence was overly complex and difficult to understand, contained incorrect terminology.

  • It was re-written in plain language to be more easily readable. (see transcript for example).

Basics of Letter Writing

  • Communicate professionally, considering the purpose, audience, and potential readers.

  • Clarify who the correspondence is intended for to maintain confidentiality.

  • Consider the tone of the letter and ensure each point is necessary.

Steps to Writing a Letter

  • Write down key points.

  • Order chronologically or logically.

  • Review other letters for guidance.

  • Structure the letter with a subject heading, opening line, and clear organization.

  • Include important dates and deadlines.

  • Outline options and desired actions.

  • Re-read and double-check the letter.

  • Include attachments and copies as needed.

Overview of Steps

  • Identify purpose.

  • Consider the audience.

  • Conduct legal research.

  • Plan content.

  • Draft, review, refine, and edit.

Clinic and Internship Opportunities at Murdoch University

  • The director is Anna Copeland of the clinics.

  • They provide advice to those in need.

  • Clinical units offer hands-on experience with real clients under the supervision of a lawyer.

  • Clinics:

    • General Law Clinic.

    • Family Law Clinic.

    • Indigenous Law Clinic.

    • Human Rights Clinic.

    • Law Reform and Policy Clinic.

Work Integrated Learning Unit: Internships

  • Offer placements in community legal centers, law firms, government departments, etc.

  • Provide opportunities to gain practical experience and potentially secure employment.

  • Contact Mary Anne for further information or questions.