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Professor Byrnes, Suite 2008 Lawyering Skills II – Spring 2022 Syllabus

Lesa.byrnes@utoledo.edu
ASSIGNMENT DISCUSSION
Week Week beginning January 10th
1 Class:
Reading: Writing and Analysis in the Law, Shapo, Walter,  Intro to persuasive
and Fajans, West Academic Foundation Press 7th 2018 ed. writing and trial advocacy
 Intro to the Trial Brief
Ch. 15, The Trial Brief: Memorandum of Law in Support of Assignment and Fair Use
or in Opposition to a Motion: Introduction into Advocacy
Components of a Trial Brief
The Trial Brief is due in the
digital drop box (Lexis
The Trial Brief Assignment will be posted on Classroom) at 9:00 a.m. on
Blackboard Course. Please review the assignment and Monday, Jan. 31st
read the assigned case before class. Use the guided reading
questions posted on the Blackboard course to prepare for
the class discussion.

Week Week beginning January 17th


2 Class:
Shapo WAL:  Drafting an Introduction
Ch. 15, The Trial Brief: Memorandum of Law in Support of to a trial brief
or in Opposition to a Motion: Making Persuasive  Developing a theme or
Arguments and Presenting Facts Favorably theory
 Brainstorming arguments
Ch.16, Writing the Appellate Brief for the Trial Brief
V. Statement of the Case (including Facts)  Using persuasive writing
techniques in drafting the
Interactive Citation Workbook (ICW) exercises Statement of the Case
Chapter 16, Court Documents due Sun., Jan. 23rd.  Outlining the Argument
section of the Trial Brief
Thursday, Jan. 20, 12:00 – 12:50, via Webex
Copyright/Fair Use Information Session/Lecture with
Prof. Llewellyn Gibbons

Recommended work on Trial Brief Assignment:


Draft Introduction and Statement of Facts, and create a
detailed outline of argument for Trial Brief.

Week Week beginning January 24th


1
Professor Byrnes, Suite 2008 Lawyering Skills II – Spring 2022 Syllabus
Lesa.byrnes@utoledo.edu
3 Class:
 Using persuasive writing
Shapo, WAL: techniques in framing
Ch. 16, Writing the Appellate Brief rules, precedents and
Making Persuasive Arguments, Arguing Facts, and Making arguments
Persuasive Counter-Arguments  Identifying strategies for
effective rebuttal of
opposing arguments and
ICW Ch. 10, Prior & Subsequent History due Sun., Jan. authorities
30th..  Reviewing citation
formats and providing
record cites for the Trial
Recommended work on Trial Brief Assignment: Brief.
Draft argument for Trial Brief, revise Statement of Facts.

Trial Brief Assignment


due 9:00 a.m., Mon., Jan. 31st.

Week Week beginning Jan. 31st Intro to Appellate Advocacy


4
Submit your Trial Brief to the digital drop box (Lexis
classroom) by Mon., Jan. 31st at 9:00 a.m. Class:
 Intro to appellate
Shapo, WAL: advocacy and the format
Ch. 16, Writing the Appellate Brief and mechanics of an
I. Introduction appellate brief;
II. Format  Intro to the Appellate
III. Questions Presented (Issues) Brief Assignment;
 Intro to standards of
Read Appellate Brief Assignment posted on Blackboard review;
prior to class.  Drafting the Statement of
Jurisdiction
Mandatory Lexis and Westlaw research trainings for the  Drafting a persuasive
appellate brief: Statement of the Issues
For sections meeting on Fridays: Fri., Feb.4, 11:45 – (if time).
1:15 p.m
For sections meeting on Mondays or Wednesdays: Wed.,
Feb. 2, 5:00 – 6:00 p.m.

Week Week beginning February 7th


5 No class this week
2
Professor Byrnes, Suite 2008 Lawyering Skills II – Spring 2022 Syllabus
Lesa.byrnes@utoledo.edu

ICW: Ch. 12, Parentheticals due Sun., Feb. 13th. Judge/Practitioner Brief
Writing Panel
Recommended Work on Appellate Brief: –Date and format TBD
Complete reading and organization of research.
Begin outlining the Argument section.
Draft Statement of Jurisdiction.

Week Week beginning February 14th


6
Reading: Class:
Shapo, WAL:  Drafting a persuasive
Ch. 16, Writing the Appellate Brief Statement of the Issues
IV, Point Headings  Drafting Point Headings
VII, The Argument, A-E  Outlining the Argument
section.
ICW: Ch. 13, Signals due Sun., Feb. 20th .

Recommended work on Appellate Brief:


Review your research and fill in any gaps in your research.
Draft detailed outline of Argument.
Begin drafting Point Headings.

Optional Lexis Research Workshop: Friday, Feb. 18,


12:00 noon
Optional Westlaw Office Hours: Wednesday, Feb. 16,
5:00 – 6:00 p.m.

Week Week beginning February 21st Argument Outlines due on


7 Mon., Feb. 21st in digital drop
Shapo, WAL: box (Lexis Classroom) by 9:00
Ch. 16, Writing the Appellate Brief a.m.
VI, The Summary of the Argument
VII, The Argument, F Class:
VIII, The Conclusion  Drafting the Summary of
the Argument and
Conclusion
ICW Ch. 11, Secondary Sources due Sun., Feb. 27th.  Using explanatory
parentheticals and signals
Recommended work on Appellate Brief:  Integrating analogies into
Revise Point Headings and write first draft of Argument. arguments
Fill in gaps in your research.  Revising and editing
Draft Statement of the Issues.

Week Week of February 28th


8 Conference times offered all
3
Professor Byrnes, Suite 2008 Lawyering Skills II – Spring 2022 Syllabus
Lesa.byrnes@utoledo.edu
No Class this week. week.

Recommended work on Appellate Brief:


Review, revise, rewrite.
Work on paragraph level editing and sentence-level editing.
Draft Summary of Argument if you have not done so
already.

Week of March 7th SPRING BREAK Enjoy!

Week Week of March 14th


9
Class:
Read document design articles on web. Links to the  Review citation formats
articles are on the web course (under External Links). for the appellate brief;
 Prepare the Table of
Authorities and Table of
Recommended work on Appellate Brief: Contents;
Finalize the Appellate Brief.  Intro to document design
Prepare Table of Contents, Table of Authorities and Cover principles to make your
Page. Complete all citations, checking for placement, brief more reader-friendly
accuracy and correct form. and professional.
Check format and style for compliance with the instructions
and rules and for readability and professional appearance. Conference times offered all
Proofread everything carefully. week.

Appellate Briefs: Due Monday, March 21st by 9:00 a.m.


in digital drop box (Lexis Classroom).

Week Week of March 21st


10 Briefs: Due Monday, March
Shapo, WAL: 21st by 9:00 a.m. in digital
Ch. 17, Oral Argument drop box (Lexis Classroom).

Tentative Class will focus on preparing for


oral argument, including tips on
Ohio Sixth District Court of Appeals –Wed., Mar. 23rd organizing argument and
 College of Law Auditorium responding to questions.
 9:00 a.m.—approx. noon .
• Attendance Required

Week Week of March 28th

4
Professor Byrnes, Suite 2008 Lawyering Skills II – Spring 2022 Syllabus
Lesa.byrnes@utoledo.edu
11 Oral Argument before Professor
Oral Arguments this week: O’Connell

 Scheduled in pairs – you will be arguing your side in


an oral argument against a classmate representing
the opposite side

Week Week of April 4th


12 Introduction to the Multistate
 Watch video on Introduction to MPT before taking Performance Test (MPT)
MPT practice exam

 MPT Practice Exam

Week Week of April 11th


13 Last LS II Class of semester
10:00 to 11:00 a.m. Lexis Prepare to Practice
Certifications for all Friday LS II sections

Week Week of April 18th – NO Lawyering Skills class this Last week of law classes
14 week

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