1. Legal Writing Techniques for Case Workers National Tribal Child Support Association 9 th Annual Training Conference Tuesday, July 14, 2009 3:30 – 4:45 PM Paul Stenzel Stenzel Law Office PO Box 11696 Shorewood, WI 53211 414-963-9923 paul@paulstenzel.com www.paulstenzel.com

2. Legal Writing Techniques for Case Workers OVERVIEW 1.Goals for this presentation 2.Approach to legal writing 3.Vocabulary 4.Examples 5.Practice together

3. Legal Writing Techniques for Case Workers Goals for this presentation: 1.Understand legal writing format. 2.Learn a simple approach to legal writing that can be applied to child support/paternity filings. 3.Explain commonly used legal terms and phrases.

4. Legal Writing Techniques for Case Workers Writing is a form of communication In every situation there is a story to tell –Self-contained –Who –What –When –Where –Why

5. Legal Writing Techniques for Case Workers Elements of good communication –Know your audience (Usually the judge) –Simple and clear (Read out loud) –Not a mystery novel: Tell them where you’re going (build the container) –Eliminate the unnecessary –For legal writing, be precise.

6. Legal Writing Techniques for Case Workers Importance of topic sentences: Mr. Valdez’s ex-girlfriend, Jane Smith, is the mother of the three children in this action: John, 8, Sally, 6, and Timmy, 2. Mr. Valdez, the father, lives in Arizona with his new wife and child. His health is failing. He claims his health and job will not permit him to travel to Wisconsin for the hearing next week.

7. Legal Writing Techniques for Case Workers Juan Valdez asks this Court to postpone next week’s hearing on his motion for review of child support. Mr. Valdez’s ex- girlfriend, Jane Smith, is the mother of the three children in this action: John, 8, Sally, 6, and Timmy, 2. Mr. Valdez, the father, lives in Arizona with his new wife and child. His health is failing. He claims his health and job will not permit him to travel to Wisconsin for the hearing next week.

8. Legal Writing Techniques for Case Workers Jane Smith asserts Juan Valdez has not been actively involved in his children’s lives. Jane Smith is the mother of the three children in this action: John, 8, Sally, 6, and Timmy, 2. Mr. Valdez is the father. Mr. Valdez lives in Arizona with his new wife and child. His health is failing. He claims his health and job will not permit him to travel to Wisconsin for the hearing next week.

9. Legal Writing Techniques for Case Workers Another example: Mr. Peter Jones has been adjudicated the father of Grace. Mr. Jones left the reservation last month and has not returned. He contacted the CSA once with an updated address and phone number. The mother, Jane Lane, states Mr. Jones has sent about $50 and promised more.

10. Legal Writing Techniques for Case Workers The CSA requests the Court to hold Mr. Jones in contempt for failure to pay child support. Mr. Peter Jones has been adjudicated the father of Grace. Mr. Jones left the reservation last month and has not returned. He contacted the CSA once with an updated address and phone number, however, the CSA has not been able to reach him. The mother, Jane Lane, states Mr. Jones has sent about $50 and promised more.

11. Legal Writing Techniques for Case Workers The CSA requests a postponement so it can locate Mr. Jones. Mr. Peter Jones has been adjudicated the father of Grace. Mr. Jones left the reservation last month and has not returned. He contacted the CSA once with an updated address and phone number, however the CSA has not been able to reach him. The mother, Jane Lane, states Mr. Jones has sent about $50 and promised more.

12. Legal Writing Techniques for Case Workers Why legal writing is different 1.Reliance on legal authority (know your sources) 2.Greater consequences (people’s relationships with family) 3.Legal rights and duties at issue 4.The Court relies on CSA and attorneys 5.Ambiguity = potential trouble 6.Need precision

13. Legal Writing Techniques for Case Workers Vocabulary The legal system has its own vocabulary. Carry around your Black’s Law Dictionary with you for a while when you’re learning.

14. Legal Writing Techniques for Case Workers Vocabulary Action = case Motion = Request Continuance = Postponement / re- schedule Vacate = void (empty it out) Herein = in here Putative = alleged = asserted

15. Legal Writing Techniques for Case Workers Vocabulary Nunc pro tunc = “Now for then” = retroactive Ex parte = talking to the judge w/o the other party present Party = person or entity in the case Discovery = process of parties getting information from each other.

16. Legal Writing Techniques for Case Workers Vocabulary Pleading = court filing (motion, petition, complaint, etc.)

17. Legal Writing Techniques for Case Workers Before we get to the exercises, an important caution: Know what you don’t know; if you’re not sure about an issue, consult an attorney or your Dept. Director. It may take some time before you are comfortable writing and filing motions in Court on your own. Best if you can shadow an attorney.

18. Legal Writing Techniques for Case Workers Understanding the parts of a legal document. [Review Two Crows v Lawless Petition]

19. Legal Writing Techniques for Case Workers Elements of a motion: –What you are asking for –Background –Legal authority for request –Why legal authority supports your request and why you’re asking for court to do something –How will it affect the court and/or parties if motion is not granted? –Repeat what you’re asking for

20. Legal Writing Techniques for Case Workers Basic structure can be used for letters, memoranda, other pleadings: Introduction Background / History Authority Discussion Conclusion / Request

21. Legal Writing Techniques for Case Workers [Review Motion for Telephonic Appearance]

22. Legal Writing Techniques for Case Workers Two Crows v. Lawless – Possible motions: 1.Review of child support amount. 2.Postponement due to hospitalization of a party. 3.Child is a runaway. 4.Change in placement of child between parents. 5.Child turned 18 years of age.

23. Legal Writing Techniques for Case Workers Use fewer words. Use simpler words and phrases. Use shorter sentences. Use more paragraphs. Avoid repetition. Use the active voice. Proofread. Proofread. Proofread.

24. Legal Writing Techniques for Case Workers Challenge: Figuring out, from the mass of things, you might possibly mention, precisely what your points are – and then stating them concisely, with adequate reasoning and support. Communicate your ideas swiftly to your reader.

25. Legal Writing Techniques for Case Workers Learn to detest simplifiable jargon. Re-writing exercise!

26. Legal Writing Techniques for Case Workers OTHER RESOURCES: The Elements of Style, Strunk & White, Fourth Edition ($12 paperback) Legal Writing in Plain English, Garner, ($11 paperback)

27. THANK YOU! Attorney Paul Stenzel Stenzel Law Office, LLC PO Box 11696 Shorewood, WI 53211 414-963-9923 www.paulstenzel.com This presentation will be available on my web site.