LEGAL PRACTICE SKILLS PROGRAM - Suffolk University
LEGAL PRACTICE SKILLS PROGRAMStudent Handbook2018-20195/24/2018
Kathleen Elliott Vinson, Esq.Professor of Legal WritingDirector of Legal Writing, Research, and Written Advocacytel 617.573.8210 fax 617.305.3081kvinson@suffolk.eduDear Student:Welcome to Suffolk University Law School and the Legal Practice Skills (“LPS”)Program, a nationally ranked program. Your LPS course will focus on legal writing, research,and analysis. These skills serve as the foundation for your courses in law school and thesuccessful practice of law.Overall, your LPS professor will teach you skills necessary to analyze a client’s problem,communicate your analysis in writing and orally, and edit your writing to serve the interests of aclient. Specifically, you will learn how to read cases critically, research legal issues, write officememoranda, draft correspondence, and write legal memoranda in support of or in opposition totrial motions. You will also learn the basics of oral advocacy and present an oral argument.Finally, you will learn how to write under time pressure to help prepare you for the bar exam andlegal practice.A unique aspect of your LPS course is the extensive, individual instruction andnumerous assessments you will receive. For example, your LPS professor will provide you withfeedback on your assignments, both on an individual basis and in class. Also, each semester,your LPS professor will hold a conference with you to provide individual guidance.This handbook contains information and rules for your LPS course. The rules andpolicies are based upon expectations and responsibilities in the legal profession. You mustread these rules carefully. If you have any questions regarding the LPS course, you may directthem to me or to your individual LPS professor.Best wishes to you as you begin your study of the law.Sincerely,Kathleen Elliott VinsonProfessor of Legal WritingDirector of Legal Writing, Research,and Written Advocacy
Legal Practice Skills Program Student Handbook2018-2019TABLE OF CONTENTSI.Directory . 1II.LPS Assessments . 1A. Course Objectives, Learning Outcomes, and Assessments . 1B. Assignments . 4C. Anonymous Grading . 4III.Professional Lawyering . 5A. Attendance . 5B. Professional Courtesy . 6C. Work Quality . 7D. Certificate of Compliance . 7IV.Academic Integrity/Plagiarism . 7A. Rules and Regulations on Academic Integrity . 7B. LPS Rules on Academic Integrity . 81. Citation to Authority . 82. Student Collaboration. 113. Assistance from Others . 114. Computer Assisted Legal Research. 12V.Late Assignment Policy . 12A. General Policy . 12B. Exceptions . 13VI.Assignment Completion Requirements . 13VII. Written Work Requirements . 13A. Format . 13B. Page Limits. 13VIII. Other Resources . 14A. Podcasts. 14B. Twitter. 14C. Blog . 14IX.Withdrawal Policy . 14X.Health Services . 14XI.Diversity Statement . 15XII. Accommodations . 15i
Legal Practice Skills Program Student HandbookI.2018-2019DirectoryThe Legal Practice Skills Professor Directory can be found on the Suffolk Law,Academics, Legal Practice Skills webpage.II.LPS AssessmentsA.Course Objectives, Learning Outcomes, andAssessmentsIn accordance with ABA Standard 302(B), the successful SuffolkUniversity Law School graduate should be able to perform legal analysisand legal research, problem solve, and communicate effectively in thelegal context. The LPS goals and learning objectives are designed toaddress these law school learning outcomes.COURSE OBJECTIVESLEARNING OUTCOMESASSESSMENTSUpon successful completionof this course, students willknow/understand:Upon successful completionof this course, students will beable to:How students will beassessed on these learningobjectives include:Basic tenets of professionalismIdentify attributes of professionaletiquetteTimeliness and quality ofassignmentsApply attributes of professionaletiquetteCompliance with course rules onprofessionalism and policies inLPS HandbookParticipate in collaborative workUnderstand role of collaborationin legal practiceClass discussions and exercisesIndividual conferencesCommunication with professorPartner briefingStatus conferenceThe U.S. Court system, types ofauthority, and weight of authorityRecognize difference betweenfederal law and state lawRecognize difference betweenbinding and persuasive authorityRecognize difference betweenprimary and secondary authorityExplain how a case progresses1Research logsResearch assessmentsIn-class exercisesObjective Memorandum 1Objective Memorandum 2
Legal Practice Skills Program Student Handbook2018-2019COURSE OBJECTIVESLEARNING OUTCOMESASSESSMENTSUpon successful completionof this course, students willknow/understand:Upon successful completionof this course, students will beable to:How students will beassessed on these learningobjectives include:through the state and federalcourt systemsPersuasive MemorandumPartner BriefingOral ArgumentHow to perform legal researchDraft a research planResearch logsLocate applicable lawResearch assessmentsMaintain a research logResearch trainingsRead and comprehendapplicable lawIn-class exercisesUpdate applicable lawWhat plagiarism is, when to cite,and the steps needed to cite toauthorities using correctstandards and formattingBecome familiar with usingALWD Guide to locate andfollow rules on citing sourcesProperly attribute sources toprevent plagiarismObjective Memorandum 1Objective Memorandum 2Persuasive MemorandumCite assessmentsResearch assessmentsResearch logsResearch trainingIn-class exercisesThe steps needed to prepare acomplete objective andpersuasive legal analysis usingCREAC or a similar paradigmIdentify legal issues in a client’sproblemIdentify critical facts in a client’slegal problemExtract critical facts, holding, andreasoning from case lawIn-class exercisesRule exerciseObjective Memorandum 1Objective Memorandum 2Persuasive MemorandumSynthesize a ruleOutlinesExplain and synthesize the lawIndividual conferencesApply the law, includinganalogizing and distinguishingcases, both objectively andpersuasivelyClient interviewIdentify counter-argumentsOrganize by legal issueOutline a memo in CREAC2Core Grammar for LawyersCapstone
Legal Practice Skills Program Student Handbook2018-2019COURSE OBJECTIVESLEARNING OUTCOMESASSESSMENTSUpon successful completionof this course, students willknow/understand:Upon successful completionof this course, students will beable to:How students will beassessed on these learningobjectives include:format or similar paradigmDraft thesis sentencesDraft thesis paragraphDraft point headingsDevelop a theory of a case for apersuasive memoDraft objective and persuasivefactsDraft an objective legal analysisDraft a complete persuasivememorandumIdentify audience and purposefor a piece of legal writingUse appropriate tone fordocument’s intended purposeand audienceComply with formattingrequirementsFollow basic grammar andpunctuation rulesRevise, edit, and proofreadIncorporate feedback on draftsinto rewriteEffective communication with anattorney and with a clientOrally present facts, holding,reasoning and relevance of acase to an attorneyOrally present application of lawto facts to an attorneyIn-class exercisesIndividual conferencesEmails with professorPartner briefingDraft professional emailsClient interviewInterview a clientClient correspondenceExplain viability of case to clientorally and in writingClient meetingUse tone that is appropriate forintended audienceThe process of preparing for andDevelop a roadmap and theory3Oral Argument
Legal Practice Skills Program Student Handbook2018-2019COURSE OBJECTIVESLEARNING OUTCOMESASSESSMENTSUpon successful completionof this course, students willknow/understand:Upon successful completionof this course, students will beable to:How students will beassessed on these learningobjectives include:presenting an oral argumentof the caseIn-class exercisesOrally present a roadmap andtheory of the caseStatus ConferenceArticulate reasons that courtshould find in favor of your clientAnticipate questions from thebenchThink on one’s feetRespond directly to questionaskedUse appropriate deference whenaddressing judgeUse a persuasive toneB.AssignmentsStudents will be evaluated in numerous areas. See the syllabus for adescription of the assignments and assignment weights.Select assignments in this course might be used by Suffolk University foraccreditation and institutional assessment purposes and will be handledconfidentially.Professors are available to discuss comments and suggestions made onan assignment. Pursuant to Suffolk University Law School policy,professors will not change a grade.C.Anonymous GradingLPS uses anonymous grading on all written graded assessments.Instead of your name, in the header of your memo on every page, putyour LPS exam number, LPS section number, LPS Professor’s name,and name of the LPS assignment.4
Legal Practice Skills Program Student HandbookIII.2018-2019Professional LawyeringThe Professional Lawyering component of the final LPS grade recognizes that astudent’s legal career begins when he or she begins law school. Think ofyourself not as a student, but as a new lawyer. This component of the LPSgrade includes, but is not limited to, quality of homework assignments andcompletion of in-class exercises; engagement in class discussions and clickerquestions (if applicable); class and conference preparation; proper use of e-mailcommunication with professors, classmates, and staff; proper use (if permitted)of cell phones and computers during class; compliance with LPS course rulesand memorandum formatting and submission requirements; respectfuldiscussion with professors, staff, and classmates; familiarity with readingassignments; and the quantity and overall quality of a student’s contributions tothe LPS course.A.AttendanceEach student is expected to perform all class assignments and to attendclass meetings regularly and in a punctual manner. Failure to do so mayresult in a grade of No Credit, F, probation, suspension, or dismissal. TheLaw School’s student Attendance Policy is set forth in Section II.B of theRules and Regulations.1.Pursuant to Suffolk University Law School, Student-Life, Policies,& Rules on attendance, the following table outlines the absencelimitations per semester by course credits. Each semester of acourse shall have its own applicable absence limitation. Studentsmay not “carry-over” unused absences to increase the applicableabsence limitation in the second semester. Sanctions for failing toattend class include requiring the student to withdraw from thecourse or excluding the student from the course and awarding thestudent a failing grade.Credit Hours/Semester Applicable Absence Limitation/Semester2-credit course, meetsonce a week220 minutes of class, or up to two classmeetings2-credit course, meetstwice a week220 minutes of class, or up to four classmeetings3-credit course, meetsonce a week330 minutes of class, or up to two classmeetings3-credit course, meetstwice a week330 minutes of class, or up to four classmeetings5
Legal Practice Skills Program Student Handbook2018-20192.Students are responsible for obtaining all information andassignments given during missed classes. In the event that theUniversity cancels classes, such as for severe weather, studentsare expected to continue with readings and assignments asoriginally scheduled. Any assignments scheduled during thosemissed classes remain due unless other instructions are posted atthe course website or communicated via email.3.Suffolk University Law School adheres to the definition of “credithours” established in ABA Standard 310(b), as set forth in LawSchool Rules & Regulations I(B)(2). See the ABA Standard310(b)’s credit hour definition:(b) A “credit hour” is an amount of work that reasonablyapproximates:(1) not less than one hour of classroom or direct facultyinstruction and two hours of out-of-class student work perweek for fifteen weeks, or the equivalent amount of work overa different amount of time: or(2) at least an equivalent amount of work as required insubparagraph (1) of this definition for other academic activitiesas established by the institution, including simulation, fieldplacement, clinical, co-curricular, and other academic workleading to the award of credit hours.It is expected that the work required of students may at timesexceed the required minimum number of hours per credit perweek, as appropriate to the Law School’s standards of academicrigor.B.Professional Courtesy1.Each student must act courteously in the classroom. In theclassroom, students may not:a. instant message, text, play games, read or send email;b. have their cell phones on; orc. access the Internet, unless specifically instructed to do so.2.A student must provide advance notice to his or her LPS professorif the student will be late for a class or scheduled appointment, orif the student needs to miss a class or scheduled appointment.6
Legal Practice Skills Program Student Handbook2018-2019Exceptions may be made for compelling circumstances that hindera student’s ability to provide advance notice.C.3.Students must treat others with respect. This includes, but is notlimited to, communication with fellow students, faculty members,administrators, librarians, and support staff.4.A student must use professional email etiquette when emailing hisor her LPS professor.Work QualityStudents must produce quality work that does not contain spelling,citation, punctuation, or typographical errors.D.Certificate of ComplianceSimilar to what lawyers often do when they submit a brief to the court,LPS students must complete a Certificate of Compliance with each paperconfirming they have followed the rules on Academic Integrity andPlagiarism, format and page requirements, and that their assignmentconsists of their own work, without having given or received aid fromothers. The Certificate of Compliance is available online. First timeonline users will need to create an account. See Suffolk University LawSchool, Academics, Legal Practice Skills 1L Materials.IV.Academic Integrity/PlagiarismA.Rules and Regulations on Academic IntegritySuffolk University Law School’s Rules and Regulations on AcademicIntegrity, including plagiarism, appear in the Suffolk University LawSchool Student Handbook. See Suffolk University Law School, StudentLife, Policies, & Rules. Academic dishonesty should be reported to theDean of Students. Cheating on examinations, plagiarism, or improperacknowledgment of sources in assignments, constitute unacceptableacademic conduct. Student work may be checked by plagiarismdetection software. A student who is suspected of violating this rule willbe directed to the Dean of Students, who will arrange a hearing beforethe Law School’s Administrative/Disciplinary Committee to determine ifthe charges have merit and consider appropriate sanctions. The7
Legal Practice Skills Program Student Handbook2018-2019sanctions may include a grade of “F” in the course, suspension,withdrawal, dismissal from the Law School, or appropriate lesserpenalties if warranted by the circumstances.B.LPS Rules on Academic IntegrityIn addition to the Rules and Regulations on Academic Integrity in theSuffolk University Law School Student Handbook, LPS students are alsorequired to adhere to the following LPS rules with regard to all LPSassignments. A violation of these LPS rules may be considered aviolation of Academic Integrity and be viewed as a serious infraction ofthe Rules and Regulations of the Law School. Students are responsiblefor asking their LPS professors for guidance if they are in doubt about aparticular situation.1.Citation to Authority1To avoid allegations of plagiarism, students must provide propercitation to authority. Citations must conform to the rules set forthin the sixth edition of the ALWD Guide to Legal Citation by ColeenM. Barger.Plagiarism Explanations & Examplesplagiarism, n. Taking the literary property of another, passing itoff as one’s own without appropriate attribution, and reaping fromits use any benefit from an academic institution.To help you avoid common mistakes and learn appropriateattribution, consider the explanations and examples based on thefollowing law review excerpt:A “handicap” could be defined by listing certain traditionallyrecognized handicapping conditions, or a legislature may chooseto provide a more comprehensive list of the types of disabilitiesthat will be considered “handicapping conditions” in that state.These approaches are problematic, however, because they canlead to legislation that does not include certain groups ofhandicapped people simply because the legislature was not awareof a particular handicap. Maureen O’Connor, Student Author,Defining “Handicap” for Purposes of Employment Discrimination,30 Ariz. L. Rev. 633, 636 (1988).1Materials adapted, in part, from The Legal Writing Institute.8
Legal Practice Skills Program Student Handbooka.2018-2019Students must place words directly taken from someoneelse, whether written or spoken, in quotation marks.2 Toproperly acknowledge the direct use of someone else’swords, students must:(1)place quotation marks around the words; and(2)provide
The Legal Practice Skills Professor Directory can be found on the Suffolk Law, Academics, Legal Practice Skills webpage. II. LPS Assessments A. Course Objectives, Learning Outcomes, and Assessments In accordance with ABA Standard 302(B), the successful Suffolk University Law School graduate
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