1. Legal Writing Techniques for Case Workers National Tribal Child Support Association 12 th Annual Training Conference Tuesday, July 24, 2012 10:45 AM – 12:00 PM Paul Stenzel Stenzel Law Office PO Box 11696 Shorewood, WI 53211 414-963-9923 paul@paulstenzel.com www.paulstenzel.com

2. Legal Writing for Case Workers OVERVIEW 1.Your interests / questions 2.Legal writing basics Vocabulary Parts of legal documents Language 3.Review different kinds of orders 4.Writing your own

3. Legal Writing for Case Workers As a case worker, you can learn to create and file some legal documents such as simple motions and orders. What you should be cautious about is making legal arguments or addressing complex legal issues.

4. Legal Writing 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 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 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

7. Legal Writing 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.

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

9. Legal Writing for Case Workers Vocabulary Nunc pro tunc = “Now for then” = retroactive to 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.

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

11. Legal Writing for Case Workers A word about language and why precision is important. One unpopular thing that lawyers do is bend and stretch words. Therefore, important to be precise

12. Legal writing for Case Workers For example. Graffiti: 1.Spray paint on the side of a car 2.Finger paint on the side of a house 3.Side walk chalk drawing arrows to a child’s lemonade stand

13. Legal Writing for Case Workers “Visit the child one day per week” 1. 9 am to 5 pm 2. 9 am to 9 am 3. a few hours until the child gets tired 4. Others?

14. Legal Writing for Case Workers “Mother and father will share the costs” 1. share equally 2. Mom pays 60% dad pays 40% 3. Dad pays 75%, mom pays 25%

15. Legal Writing for Case Workers “Parent will make a reasonable effort to find a job.” Where are the soft spots?

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

17. Legal Writing 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

18. Legal Writing for Case Workers Basic structure can be used for letters, memoranda, other pleadings: Introduction Background / History Legal Authority – rule, statute, regulation, etc. Discussion / Analysis Conclusion / Request

19. Legal Writing for Case Workers [Review Motion for Postponement]

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

21. Legal Writing for Case Workers Challenge: Figuring out precisely what your points are – and then stating them concisely, with adequate reasoning and support. Communicate your ideas swiftly to your reader.

22. Legal Writing for Case Workers Review orders from other jurisdictions.

23. Legal Writing for Case Workers Developing your own form order with check boxes and fill in the blanks.

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

25. 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.