INSTITUTE OF

LAW &
ECONOMICS
Facilitator: Ramon Clayton
Attorney-at-Law
Clayton Legal Practice
LEGAL RESEARCH
 LEGAL RESERACH
• Legal research is "the process of identifying and retrieving
information necessary to support legal decision-making. In its
broadest sense, legal research includes each step of a course of
action that begins with an analysis of the facts of a problem
and concludes with the application and communication of the
results of the investigation.”
 SOURCES
The processes of legal research vary according to the country and
the legal system involved. However, legal research generally
involves tasks such as:
• Finding primary sources of law, or primary authority, in a
given jurisdiction (cases, statutes, regulations, etc.).
 SOURCES
• Searching secondary authority (for example, law reviews,
legal dictionaries, legal treatises, and legal encyclopaedia's for
background information about a legal topic;

• Searching non-legal sources for investigative or supporting

information;
 WHO CONDUCTS
LEGAL RESEARCH
• Legal research is performed by anyone with a need for legal
information, including lawyers, law librarians, and paralegals.
 Where do I find a general
statement of the law on a
subject?
These sources are:
O Encyclopedia;

O Textbooks;

O Forms and Precedent books

O Dictionaries

O Cases

O Statutes/Legislation
 INTERPRETATION OF
PARTICULAR WORDS
• WORDS AND PHRASES LEGALLY DEFINED
• DICTIONARIES
• LAW REPORTS CUMULATIVE INDEX
• CURRENT LAW MONTHLY DIGEST

• ALL ER
• CONSOLIDATED INDEX TO HALSBURY’S LAWS
 HOW TO TRACE
STATUTES
• INDICES PUBLISHED BY THE FACULTY OF LAW
LIBRARY
• STATUTES IN FORCE (UK)
• INDEX TO THE STATUTES

• HALSBURY’S STATUTES OF ENGLAND

• CURRENT LAW- CASES
 Sources
• In understanding your role as a paralegal, you must be able to

identify the different sources that can be used to uncover a

legal answer. When presented with a case the first step is to

research and gather information on the area.

 Sources
• The specific issues identified will limit the scope of your

research. Therefore, it is important to first identify the issue

before researching the law. Once properly researched you

would then be able to begin writing.

 LEGAL WRITING
• When you engage in legal writing you are actually submitting
a legal opinion based on your understanding of what is
required by the law in that particular area of practice.
 LEGAL WRITING
• A paralegal is expected to understand sources of legal
authority, legal analysis and writing, as well as, the specific
functions and duties of the Paralegal within the law office.
Needless to say, writing is very important, whether its in
furtherance of research, an opinion, letter or basic inter office
communication.
 LEGAL WRITING
• There are various letters designed to ensure the client is
informed every step of the way. These are stated briefly below:
1. Engagement Letter;
2. Non- Engagement;
3. Letter detailing legal fees;
4. Status Letters/Updates;
5. Letter seeking instructions;
ENGAGEMENT LETTER
 LEGAL WRITING
• Your engagement letter invites the client to come to the office
to formalize the relationship between the client and the
attorney. It also provides clarity on the scope of work to be
done, the potential legal costs associated with said work and
more than often a breakdown of what duties each party has
under the retainer agreement.
 LEGAL WRITING
Engagement letters

• The introduction should clearly identify the client. Using

proper legal names, document those that are represented.
 LEGAL WRITING
• If there are others who are reasonably related to the
transaction, but whose interests the firm will not handle,
expressly indicate them as well.
 LEGAL WRITING
• If representing a corporate client, make it clear that it is the
interest of the corporation that will be represented, not the
interests of the president, the board of directors, trustees, or
any specific employees. It should also be noted whether or not
subsidiary or parent companies are included in the
representation.
 LEGAL WRITING
• Alert the client to the fact that the legal process can sometimes
be a lengthy one. Let him or her know that he or she will
promptly be made aware of any significant changes to the
anticipated schedule, but that patience will be necessary while
handling the matter.
 LEGAL WRITING
• Though not required, some firms dedicate a section of the
engagement letter, or provide a separate document, describing
the legal system for those unfamiliar with it.
 LEGAL WRITING
• Finally, clients also like to know who will be working on the
matter and who they should contact with questions. Identify
the primary attorney who will be working on the case and, if
applicable, another member of the firm that he or she can
speak with in the event that the primary lawyer is unavailable.
 LEGAL WRITING-
Engagement Letter
• Finally, clients also like to know who will be working on the
matter and who they should contact with questions. Identify
the primary attorney who will be working on the case and, if
applicable, another member of the firm that he or she can
speak with in the event that the primary lawyer is unavailable.
 LEGAL WRITING-
Engagement Letter
• Identify anyone else within or outside of the firm who are
likely to become involved with the case. This may include
expert witnesses, outside consultants, paralegals or
professional staff members at the firm.
NON- ENGAGEMENT
LETTERS
 LEGAL WRITING –Non
Engagement Letter
• Consider the prospective client who mistakenly walks into a
firm that is exclusively dedicated to environment law. After
politely listening to the individual describe a clear and severe
case of medical malpractice, the attorney replies that as
unfortunate as the situation is, the firm cannot help.
 LEGAL WRITING – Non
Engagement Cont’d
• Interpreting this to mean that the case has no merits, the
prospective client does not seek other counsel and the statute
of limitation passes. Shortly thereafter, the prospective client
discovers that she had a multi-million dollar claim and sues
the unsuspecting environmental lawyer for malpractice.
 LEGAL WRITING- Non-
engagement Contd
• Believe it or not this does happen, therefore it is very
important that you write to the individual indicating that no
relationship exist and encourage them to seek legal advice
from an attorney that specializes in the area of practice.
LEGAL WRITING – letter
indicating costs
• Clients must be given the best possible information about the
cost of their matter, both at the start of the retainer and
throughout.
LETTER FOR LEGAL
COSTS
 LEGAL WRITING
• You should explain any arrangements that are relevant to your
client's instructions to allow clients to make an informed
choice about how to pursue their matter. The information
should be clear and in writing or in a form appropriate to the
client's needs.
 LEGAL WRITING
• NB IF THE CLIENT HAS A CONTINGENCY FEE
AGREEMENT IN PLACE THEN SAME MUST BE
REPRESENTED IN THE ENGAGEMENT LETTER.
 STATUS LETTERS
Samuda & Johnson
Attorneys-at-Law
15 Trinidad Terrace New, Kingston

July 21, 2018

Managing Director
Pepola Cirus
18 Mange Valley
St. Catherince

Attention: Ms. S. Reid

Re: Contaminated Pepola

_________________________________________________________________________________________________________

Reference is made to the captioned.

Kindly note that we are still awaiting a reply from the Defendant’s Counsel regarding the amount for Settlement. In acknowledgement of safe
receipt hereof, please sign date, and return the copy letter attached.

Yours sincerely,
Samuda & Johnson
Per:
Ramon Clayton
 LEGAL WRITING
IT IS VERY IMPORTANT THAT CLIENTS ARE KEPT IN THE
LOOP ABOUT THEIR MATTERS. THIS IS ACHIEVED BY
WAY OF STATUS LETTERS.
• You should therefore firstly agree service levels with your client,
for example,

“We will update you [by telephone or in writing] with progress on

your matter [regularly, fortnightly, monthly, following agreed events]”

“We will explain to you [by telephone or in writing] the legal work
required as your matter progresses”
 LEGAL WRITING
• An Attorney-at-Law works pursuant to his clients instructions.
Too often when clients do not get judgment in their favour
they oftentimes blame their attorneys for following a path that
was not recommended.
 LEGAL WRITING
It is therefore imperative that you get your clients instructions in
writing or seek to clarify their position and the advice given to
then in a letter and have then sign and return a copy in
agreement of the contents therein.
 LEGAL WRITING
On the other hand, you may very well need to instruct your client to
bring in certain documents to assist in the completion of their matter for
example you may write

“You will provide us with clear, timely and accurate instructions…” or

“You will provide all documentation required to complete the

transaction in a timely manner.” or even

“You will safeguard any documents that are likely to be required for
discovery”
TERMINATION LETTER
 LEGAL WRITING –
Termination Letter
• Typically, the attorney-client relationship ends when the
client’s objectives have been fulfilled. Although a client may
dismiss the lawyer’s services at any time, an attorney is not
permitted to abandon the client prematurely.
 LEGAL WRITING
• An attorney may withdraw from the representation, but
only after taking reasonable steps to avoid foreseeable
prejudice to the rights of his [or her] client, including
giving due notice to his [or her] client, allowing time
for employment of other counsel, delivery to client of
all papers and property to which the client is entitled
and complying with applicable laws and rules.
 LEGAL WRITING
• Issuing a Dis-engagement letter also provides the attorney
with an opportune moment to settle the account. Any original
documents or other belongings of the client should be returned
with the letter.
 LEGAL WRITING
• Refund unearned fees or any other funds held on the client’s
behalf. If any fees or expenses remain unpaid, final bills or
invoices should be included with the letter. Inform the client
about the firm’s file retention and destruction policy.
 LEGAL WRITING –
Length of Letters
• Many clients comment about being given large documents
containing lots of legal language in small print by their
solicitors. Often these documents are not read or understood.
 LEGAL WRITING
• You may wish to consider adopting the following style to help
clients understand the contents:
a. ensure the key information is highlighted early on;
b. use a clear font, in no smaller than 11 point;
c. make use of headings and bullet points to break up blocks of
text and highlight points;
d. use plain language;
e. where a document is long, include a table of content;
 LEGAL DRAFTING
A lot of times you will be engaged in drafting Court Documents.
It is important for the Paralegal to ensure that the document
drafted is in conformity with statute if it’s a claim that is subject
to statute.
 LEGAL DRAFTING
• On the other hand, where a case is subject to common law,
your document must be phased such that it communicates to
the reader the legal principles which guide your claim.
 LEGAL WRITING
• It cannot be overemphasized that the standard practice for
every piece of legal writing is standard English. Therefore, the
paralegal must employ this to every aspect of their writing and
where uncertain to use the relevant resources available to you.
LEGAL OPINIONS
 Legal Opinion
• A legal opinion is a written explanation of a ruling in a case,
laying out the rationale and legal principles for the ruling or
more commonly, is an explanation of the law in relation to a
particular set of facts presented to an attorney.
 HOW TO WRITE A
LEGAL OPINION
• Step One- Write a topic sentence ( this indicates what the
opinion that you are going to give is about)
• Step Two- Identify issue(s) that you are going to address in
your opinion
• Step Three- Research Law (Cases, statutes etc.) based on
topic;
• Step Four- Write down relevant portions of case law, statute,
journal entry etc. in short form
• Step Five- Apply facts of present case with information from
cases, statutes etc.
• Step Six- Conclude
 EFFECTS
An opinion from lawyers issued in letter form expressing legal
conclusions about and/or legal analysis of a transaction or matter
which is relied on by the addressee of the opinion. The main
purposes of a legal opinion are:

• To inform the addressee of the legal effect of a transaction or

matter.
• To identify legal risks that the addressee should consider
further and evaluate.
 INTERVIEW
TECHNIQUES
 Do your research!
• Researching the company before the interview and learning as
much as possible about its services, products, customers and
competition will give you an edge in understanding and
addressing the company's needs.
• The more you know about the company and what it stands for,
the better chance you have of selling yourself in the interview.
You also should find out about the company's culture to gain
insight into your potential happiness on the job.
 Look sharp
• Select what to wear to the interview. Depending on the
industry and position, get out your best interview clothes and
check them over for spots and wrinkles. Even if the company
has a casual environment, you don't want to look like you slept
in your outfit. Above all, dress for confidence. If you feel
good, others will respond to you accordingly.
 Be prepared
• Bring along a folder containing extra copies of your resume, a
copy of your references and paper to take notes. You should
also have questions prepared to ask at the end of the interview.
 Punctuality is Key
• Never arrive late to an interview. Allow extra time to arrive
early in the vicinity, allowing for factors like getting lost.
Enter the building 10 to 15 minutes before the interview.
 Show Enthusiasm
• A firm handshake and plenty of eye contact demonstrate
confidence. Speak distinctly in a confident voice, even though
you may feel shaky.
 Listen
• Make sure you are not only listening, but also reading between
the lines. Sometimes what is not said is just as important as
what is said.
 Answer the Questions
Asked
• Candidates often don't think about whether they are actually
answering the questions their interviewers ask. Make sure you
understand what is being asked, and get further clarification if
you are unsure.
 Ask Questions
• Many interviewees don't ask questions and miss the
opportunity to find out valuable information. The questions
you ask indicate your interest in the company or job.
 Follow Up
• Whether it's through email or regular mail, the interview
follow-up is one more chance to remind the interviewer of all
the valuable traits you bring to the job and company. Don't
miss this last chance to market yourself.
 SUMMARY
• At the close of this lecture you should perform your second self
assessment. You should be able to identify:

1. Differentiate between primary sources and secondary sources of law;

2. Identify three primary sources of law;
3. Conduct a case brief
4. Differentiate between the different types of letters;
5. Write an opinion

In studying for exams, you should be mindful of this self assessment as

same would determine where you are in terms of preparation.
THE END