HOW TO HANDLE AN ASSIGNMENT AT YOUR SUMMER JOB 1 By: 20042005 Senior Writing Fellows Rebecca Carr, Danielle Gonzalez, Andrew Lom, and Dan McCall At your summer job, be it at a law firm, government agency, court, nonprofit group, or some other practice setting, you may be asked to write memos, client letters or court documents, or to do other projects. The purpose, audience, and scope of these projects will vary, as may the complexity of the law and facts involved. Handing in a good finished product will require you to understand these aspects of the project and your supervisor’s expectations. The scope of a project and the assigning attorney’s expectations may not be clear at the outset, so you will need to take the initiative to get more information. Your ability to successfully handle a variety of assignments will influence how your employer evaluates your work and professionalism, and most importantly, likely will be a major factor in determining whether you receive a positive recommendation or an offer of permanent employment.
I. Taking an Assignment Your first and best opportunity to understand exactly what your supervisor wants for a particular project is in your initial meeting when the attorney assigns the project to you. The following checklist and questions should help you gather essential information so that you can develop an efficient and effective plan for each project. This list is not allinclusive—you will want to modify it depending upon the specific assignment and attorney and as you become more comfortable taking assignments. This checklist, however, will give you a good start. · Verify your understanding before leaving the meeting. o Repeat back to the lawyer a summary of your understanding of the facts, issue(s), scope, and anything else you discussed. o Ask if you can send a follow up email to confirm your understanding. o Determine the preferred method for asking followup questions. · Due date o Confirm whether it is a hard or somewhat flexible deadline. o Develop a schedule or project checklist. o Break the assignment down into manageable pieces. · Clarify the vocabulary used by the attorney. 1
We would like to thank Dean Gihan Fernando and the members of the 200405 Applied Legal Composition Seminar for their help in putting this handout together.
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o Terms of art o Acronyms o Rules of law Clarify the assignment o Legally significant facts: Verify your understanding of the legally significant facts; when in doubt, use “who, what, when, where, why, and how” as your guide. o Issue: Verify that you understand the issue that the attorney is asking you to address. o Answer: Determine whether the attorney or client desires a certain answer to the issue presented, or whether the attorney expects the issue to have a clear answer in the first place. Jurisdiction o Binding: What state’s or circuit’s law applies? o Persuasive: Are there any other jurisdictions for highly persuasive authority? o Agencies: Is there an administrative agency with responsibility for this area of law? Scope of the research o Establish the precise issue(s) to be researched. Are there people researching other related issues that should be avoided to prevent overlap? o If you encounter related issues, to what extent should you expand your analysis to include them? Research process o Is there a seminal case on this issue, an important statute, a relevant regulation, or a useful treatise? o Is there a computerized database of memoranda or other documents related to this topic? o Are there specialized online databases other than Lexis or Westlaw? o Who has expertise in this area? For example, attorneys, clerks, or librarians. o Are there other attorneys working on this or a related project who would be helpful resources? o Ask what you should do with all of your research (i.e., printed cases, statutes, etc.) when you finish the assignment—should you hold on to it, file it, give it to the attorney? Confidentiality and conflict of interest concerns o Is there anyone with whom you should not discuss the project? o Do you yourself have some reason why you should not work on the project? Purpose of the document o How will the document be used? For example, is it to be an objective document with a particular purpose or is it going to be converted into a piece of advocacy?
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o What is the client’s and/or assigning attorney’s interest in this project? For example, should you argue or defend a particular side, or is there a particular conclusion you are trying to reach? · Audience o Who is the audience? For example, is it an attorney, a client, or a judge? o How much does the audience already know? · Form of final product o Ask how the assigning attorney would like you to communicate your findings – memo, postit note, phone call, email, or just a printout of the regulation/statute/case, etc. o Are there other documents on file that could/should be used as templates? o Who should receive a copy of the final product? o If the final product is to be a written document, about how long should the document be? o The assigning attorney may simply request that you turn in a “draft.” However, keep in mind that any document you turn in may be viewed as a final product for evaluation purposes, even if the attorney calls it a “draft.” In other words, never turn in a draft. · Cost constraints (and billing) o Obtain a rough estimate of amount of time to spend on the research. o Does the client have a budget for this matter? o If the work is billable, obtain the billing code. o Are there any restrictions on using Lexis, Westlaw, or other subscriptionbased services? Are there any restrictions on types of searches to be done within these databases? o Clarify the role of support staff to avoid doing billable work that they should be doing.
II. Managing FollowUp Questions As you may have discovered in your firstyear research and writing course, the research and writing process can lead you to additional questions about an assignment as your work progresses. Because most attorneys are very busy, you should avoid disrupting the assigning attorney every time you have a question, unless absolutely necessary. The following tips will help you manage your followup questions effectively, efficiently, and professionally. · Questions about research o Consult a treatise or other secondary source to get an understanding of the relevant area of law o Review your notes from Legal Research and Writing on how to do legal research
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o Talk to a reference librarian at your employer or at GULC (note that if you talk to a reference librarian outside of your firm, you need to be conscious of matters of confidentiality) o Utilize the GULC law library’s online research guides, available at http://www.ll.georgetown.edu/research/index.cfm. o Call the Westlaw or Lexis reference hotline. o Talk to your mentor, a juniorlevel attorney, or a clerk. o Keep track of the searches you’ve done and whether they were helpful. o Be sure to update the law with KeyCite or Shepard’s. · Questions about the assignment o For questions that don’t need to be answered immediately, keep a running list of questions or issues you encounter; once you have several that you have not been able to answer on your own, then meet with the attorney. o If it is a pressing question, meaning that you cannot work on any part of the assignment further without resolving the question, then it is okay to ask the attorney. Depending upon the question and the attorney, decide whether it would be best to contact the attorney via phone, email, or in person. o If your project is just one component of a larger project, you may find it helpful to speak with another attorney who is familiar with the overall project to better understand how things will mesh together. · Questions about drafting and formatting o If it is a court document, check your jurisdiction’s format requirements. o Look for previous work product done for your attorney. o Look for templates. o Consult GULC’s Writing Center handouts, or handouts and texts from your Legal Research and Writing course.
III. Reporting Back Ultimately, you will be evaluated on the finished product you submit to your supervisor. Your finished project should be responsive to your supervisor’s expectations and is an opportunity for you to receive constructive feedback for future assignments. · Finish the assignment by the due date. If the due date is approaching and you do not think that you will be able to finish the assignment on time, ask the attorney for an extension. Note, however, that you should ask for the extension well in advance of the deadline. · Be sure to proofread your product, even if it is expected to be a draft. You may want to doublecheck that it is permissible to have a coworker review your document before submitting it. · If the attorney asked for a written product, turn the assignment into him or her in person (unless the attorney specified otherwise, such as via email).
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· Even if you submit a written product, you should be prepared to orally discuss the assignment with the attorney, either when you submit the product or at a later date. · Ask for feedback on your writing style, legal analysis, and the overall quality of your work product. Ask how your final product could have been more useful for the assigning attorney and/or the client. In other words, try to get feedback that goes beyond mere proofreading. Make it clear that you would appreciate constructive criticism, as some attorneys are uncomfortable giving constructive criticism unless you request it, but keep in mind that some attorneys may be unwilling to provide feedback. · Ask if there is anything else to be done for this assignment; if not, ask if the attorney needs help with another assignment. Remind the attorney that you would be glad to help with this or any other assignment in the future.
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