1. Chap. 26: Legal Writing Advertising (RPC 7.1-5) G/R: Lawyers may advertise services through public media BUT No false or misleading statements about attorney or attorney’s practice No creation of unjustified expectations OK to indicate practice areas, but not as an “specialist” unless patent attorney WA does not recognize certifications

2. Advertising http://www.hurt911.org/getclient.php 1-800-HURT-911® Lawyer Advertising Made Easy http://www.maloneyandmaloney.co m/

3. Drafting Legal Documents Medical summaries Medical bill analyses Medical deposition summaries Medical research memos Summaries of expert opinions Medical evaluation of claims Life care plans

4. Keys to Effective Legal Writing Plain English movement: clear, concise and well-organized writing 1983 - California mandated all state documents to be written in plain language 1998 - President Clinton signed Executive Memorandum requiring plain language in all new government documents King County Plain Language Writing Guide: http://www.metrokc.gov/exec/styleguide/plai n/

5. Stages of Legal Writing Prewriting: Why necessary? Who will read it? Any constraints? Writing: What information must be communicated? How can information be communicated simply? Post writing: How can it be improved? What can be left out? Any errors?

6. Legal Writing Who is your audience? Medical experts Attorneys Clients Plaintiff Defendant Prepare documents with eye toward your reader(s)

7. Legal Writing Parallel Construction – Writing consistency Headings grammatically consistent, e.g., begin with active verb Bullet Points Check office templates/forms file Proofread and spell check document

8. Legal Writing Avoid legalese and archaic phrases Use names of the parties Avoid being cute or enthusiastic – tone should be straight-forward and professional Avoid ambiguities, e.g., replace gender- specificity with noun/name

9. Fundamentals of Writing Well Follow rules of grammar Appropriate use of commas Appropriate use of hyphens and dashes Use active voice in sentence structure Include a transition sentence between paragraphs Proofread and spell check (Yes, again!)

10. Email Correspondence to Experts or Clients Send email only if requested Capture the essence of your email in the subject line Write email as though writing on firm letterhead Signature includes firm contact info Make hard copy for file

11. Interoffice Email Guidelines G/R: No expectation of privacy Be as concise as possible Who really needs to know or be copied? Respond appropriately and timely to email affecting your work Be professional, not cute - No or lol Use “out of office” feature when appropriate Always spell check before sending

12. Chapter 27: Legal Correspondence Letters to treaters requesting medical records and bills Letters to experts sending information and requesting opinions Letters to clients requesting and supplying information Letters to 3d parties, licensing agencies, information centers

13. Legal Correspondence: Components of Letters Date Delivery options: via facsimile, Express Mail, CMRRR, Hand Delivery (include “Received by: _______” line with date & time line at bottom of letter under cc’s) Inside (recipient’s) address – drop designations and use name only Reference line (case citation/style; to client, add name of insured & file #) Salutation: Dear M__. _______: (If you don’t have a name, call for one)

14. Legal Correspondence: Components of Letters (con’t) Body of the letter Begin with topic sentence explaining purpose of letter Shorter paragraphs are better than long Complimentary closing Check for pattern closing at firm “Very truly yours” used at F&J

15. Legal Correspondence: Components of Letters Signature line Indicate status Refer to name of handling attorney End notes Typist – JR/ma; if self, use: /jr Enclosures cc – carbon copy: who else gets copy of letter bcc – blind carbon copy: copy for person you don’t want addressee or cc’s to see (e.g., partner)

16. Letter Writing Tips Tailor the letter to your addressee Personal touches should relate to the purpose of the letter or the case Be specific with requests Proof read & spell check before sending Enclose enclosures Monitor correspondence

17. Types of Legal Writing by Lawyers and Staff (pp. 472-4) Acquiring information Disclosing information ILE (initial lawsuit evaluation) Pre-trial report to client Confirming information Rendering an opinion Requesting settlement of a matter

18. Letters Written by Medical Paralegal Communication with or about the client Memorandum of client interview Medical summary in ILE Obtaining medical records (include release) Complete name, SSN, inclusive dates of treatment/hospitalization, records requested (in patient, out patient, X-ray, ER, clinic, etc.), payment for reasonable copy costs Communication with treaters & experts

19. Legal Correspondence to Expert Witness All written communications to retained expert are discoverable (includes email) Your letters to the expert will likely be introduced as an exhibit to the expert’s deposition; maybe at trial Your ability to write a competent and professional letter reflects on the firm

20. Chapter 27: Legal Correspondence to Expert Prepare the case materials and medical records Organize all documents sent to expert Nothing worse than a pile of paper Expert may bill for organizing documents Documents should be hole-punched, in dividers, and in a 3-ring binder with an index on top Medical records should be bates numbered Ensure X-ray copies are readable