1L Legal Writing Course(s): The Do’s and Don’ts

        Law school is a monster of it’s own.  It took time and effort for us to get here, and it will undoubtedly take dedication and persistence for us to leave successfully.  Yet, by all means, while the practice of cramming for our exams back in undergrad, and/or waiting until the last minute to draft an eight page paper for (insert your Major) may have worked in the past, you’ll eventually thank yourself for admitting that you’re faced with something different this semester.

        Now, despite the fact that your new legal writing professor just gave you a seemingly outrageous outline or closed memo assignment, there are ways to navigate through your first semester in order to succeed in your legal writing course.

Rule #1 – Don’t Be Afraid to Start at Ground Zero!  

- I know…you’ve watched “My Cousin Vinny,” and every season of “How To Get Away With Murder,” a thousand times.  As such, you may be under the impression that you already under-stand both criminal and civil procedure, and that you’re ready to litigate.  But, there’s one catch:  You’ve never actually written a legal analysis!  Believe it or not, this is good news.  You’re starting fresh!  For those of you who are intrigued about how to draft an outline for law school, please refer to Sovmya’s previous blog post and commit yourselves to attending Prof. Colby Clement’s academic support sessions on Saturdays.  However, for those of you who have al-ready received your first memorandum assignment, please proceed to the information below.

Rule #2 – Learn the Process!

- This is where you learn how to tread water, before attempting an all-out lap in the pool.  Great analogy? I know!  But in all seriousness, a closed memo is the equivalent of solving a puzzle that you’ve already received the pieces to.  You’re job is to put the pieces together accordingly:

1. Carefully read, evaluate, and understand the facts of your case.

2. Identify the main issue(s) assigned by your professor.

3. Strategically identify the rule of law in each case (which is provided) and compare it to the issue assigned. 

4. Develop a thorough understanding of the task in front of you by conducting a com-pare/contrast approach of the issue assigned, versus the applicable case law.

5. Draft a brief answer based on your general analysis of the cases provided, as they ap-ply to your issue.

6. Expand upon your brief answer by drafting a thorough analysis; and

7. Draft an overall conclusion

Important Note:  Don’t make this harder than it is.  Your professor will give you an idea of what they expect to see in your memo, and most importantly, they’ll be more than willing to answer additional questions regarding your paper.

Important Note #2: DO NOT WAIT UNTIL THE NIGHT BEFORE THE PAPER IS DUE TO WRITE THE PAPER. It is difficult, if not impossible, to get a high grade on a paper if you have not taken the time to read and edit your work. This process requires you to walk away from what you wrote, and put some time between writing and editing. You cannot do this if you write the paper the night before it is due.

Rule #3 – Do the Work!

- We’ve all heard the statement, “you can’t cut corners in law school.”  Well guess what? It’s true!  You’re performance in law school, and legal writing in particular, is a reflection of the effort you put-in.  Believe it or not, this is good news and will set a precedent for how you treat the rest of your courses.  However, it may also serve as a wake-up call.  If you see that you can improve upon the grade you received on your first draft, then by all means attend a Saturday academic support session.  Or, if you’re truly serious about becoming a better writer, then visit the writing lab, and/or drop-in during mentoring hours. Either way, don’t be afraid to ask for help.  Additionally, if you received a phenomenal grade on your first draft, do yourself a favor and at-tend an academic support session.  Knowledge is power, and you’ll be more successful by taking full advantage of the academic support that MSLAW has to offer.

Rule #4 – Have Fun

- It may be hard to crack a smile while writing a memo about a serious civil or criminal matter, but give it try.  Then, internalize the fact that you’re one step closer to becoming a lawyer.    Em-brace the “bumps in the road,” and know that everything you learned today will serve you well in the future.

Blog Contributor,

Eddie Street

2L MSLAW

The Art of Networking and How Important it is to Master!

        Here we are, three months into our Fall 2020 semester! You should be very proud of yourself for working hard to get to where you are today. Good work! Keep going and before you know it, you will have your JD degree in your hand! This week, I want to focus on Networking. It is crucial for attorneys to master the art of networking. And networking starts in law school!

        Attorneys are known for mastering the art of advocating, writing, negotiating, and mediating, among other arts. One essential technique an attorney must practice is the art of networking. What is networking? Networking is the art of communicating, interacting, and connecting with others to grow oneself professionally and to excel to a higher level from where one was before. I like to think of networking as a skill a person should sharpen and learn to get better at as they grow. While some people are born with this skill and are natural charmers, others have to mold themselves and work towards being a person with great networking skills. I’m no professional, but I can tell you what I have learned so far in my life about networking and how it has helped me further my career in the field of law.

        Coming from a science background with a biology major in undergrad, I definitely had to sharpen my networking skills and involve myself in the field of law. The first step I took towards this transition was shadowing a lawyer in his law firm during the summer of 2018. It was such an exciting experience, very engaging, and very fun, even if I was just observing how the firm was run and what cases were being handled. How did I get this set up? Through a friend! It turned out a random guy I met, who is now a great friend of mine, in the library of my undergraduate college was, at the time, switching his career from law to dental, which happened to be the same time I was trying to switch my career from dental to law. So he gave me the contact of his uncle, who is a lawyer, and I gave him the contact of my ex-employer, who is a dentist. I was able to get in touch with his uncle and visit his firm consistently over the summer while my friend took over my dental assisting job with my ex-employer! We were both happy and there’s one word which sums up this whole happy exchange: networking! This is just one example of the power of networking. 

         In order to network, I realized it is important to be confident, possess people skills, be polite, respectful, and not be greedy. When you are seeking an opportunity, try to do it in a way which will benefit others, like what happened between my friend and I – quid pro quo! I’ve learned that in life, nothing will be given to you, you have to seek it out, you have to knock on doors, you have to ask. If you have a goal of wanting an internship by the end of this year, then start networking NOW. Don’t be shy. Ask around, attend conferences, participate in webinars, engage in chats, connect with others online, or get in touch with MSLAW’s career services office. Remember, the something you have to give, while in law school, is free labor! Your quid pro quo is gaining critical experience and building your network. If you try your best, be your best, and do your best, then I have no doubt you will be able to network successfully and get what you’ve wanted.

        Another example of how I used my networking skills was when career fair day happened at MSLAW back in April a couple of years ago. I went into career fair day with one goal in mind: Land a job or an internship at a personal injury or medical malpractice law firm. I was very nervous, walking past the many tables with well-accomplished attorneys standing behind them. Despite how I was feeling on the inside, I made sure to keep a smile on my face and navigate my way through the many tables. I eventually found a firm which specialized in personal injury and medical malpractice. I thought, wow, this is my one chance. I introduced myself to the Attorney, asked about his firm, tried to find some common ground between us so our conversation would continue, I told him about my interest in the fields he’s specializing in, made sure to ask him questions, he handed me his card, and I said thank you and walked off onto the next table. I carried on with the day with that one firm in mind, knowing that I found my target. 

        That same evening, I emailed the attorney thanking him for his time and for explaining to me what his firm specializes in. He replied saying he was impressed with my interest in personal injury and malpractice law and offered me an internship position. I was thrilled and felt so blessed to have such a great opportunity. Just like that, I was able to accomplish my goal of landing an internship! I did not do anything special. What I did was be optimistic, keep a smile on my face, speak up about my interests, listen, remain polite, and thanked the attorney. These were simple actions and I know you are able to do the same, and even better! I want to end by saying that any goal you have in mind, as long as you go about accomplishing it with respect, passion, and focus, it can be attained. Do not doubt yourself, you have what it takes to attain what you want!

Do You Think Networking is Important? Where Have Your Networking Skills Led You? Comment Down Below!

Tips on How to Manage Your Valuable Time!

    Wow, can you believe that it is already October? I hope you have a beautiful week ahead and study hard! This week, I want to share some tips I’ve learned along the way that aid me with managing my time wisely. Hopefully this will be of a help to you. Please feel free comment down below and share with us any methods you practice!

    I used to be terrible at managing my time, throughout high school and college it was difficult for me to balance my school life with my social life. I would constantly be cancelling plans with my friends and pushing aside my social life all for one reason: because I had to study! It was terrible. My time management was poor and I found myself to have been easily distracted. I decided to make a change in that aspect of my life by practicing these five (5) methods below:

1.) Keep a Planner: The summer before starting law school, I purchased a planner and a fun, colorful pack of pens. I decided to start planning out what needed to be done when and even allotted time limits for myself. For example, I would allot 1 hour for workouts, 1 hour for reading, 30 minutes for eating, etc. I found this to be very helpful once I started school because I was able to pace myself with my case readings by allotting a certain time for the readings for each class. 

2.) Take Breaks: I started practicing one of the most crucial aspects to a person’s day: break time! I found that just taking a 5-minute break in between getting work done will refuel your brain and make you feel reenergized and ready to continue with work. I saw a huge difference in my efficiency after I implemented breaks into my schedule. Back in the day, I would just continuously study and be tired and frustrated, and found myself not getting anywhere besides wasting my time. Now all that is in the past!

3.) Start Your Day by Reading the News: I used to almost never read the news, terrible, I know. I just found it to be boring, depressing, and a waste of time. But then I realized that my ignorance of current events made me out dated! It was so silly to avoid the news when there are so many resources out there ready to feed you with information. I started making it a habit to read the news for at least 20 – 30 minutes a day. I found this to be so helpful because not only will it stimulate your brain, but also keep you informed about what is going on around you and in the world. Reading in the morning will help wake-up your brain and be ready for the day. Knowledge truly is power.

4.) Remove Distractions: I used to be guilty of picking up my phone every 10 minutes or so between studies just to scroll through social media and look at pictures and read captions/comments. I realized this was useless and all it did was make me feel bad that I wasn’t in Cancun at the moment and made me lose my valuable time. I started to keep my phone away from me while I studied and the difference is amazing! I’m able to focus more, be more efficient with my work, and started to really grasp contents which I’m sure I wouldn’t have grasped if I had just looked at a picture of a puppy on my phone just a minute ago. What I do is keep my charger on the opposite side of the room from where my study desk is, that way it forces me to keep my phone away from me and keep it charged when I am not using it. I then only get up and go get it during break time or when I am done with the task I wanted to finish within a certain time limit.  

5.) Reward Yourself: I never rewarded myself in the past and therefore, there was nothing to look forward to. I continued to just work and study and have my life revolve around my studies rather than maintaining a balance. It is crucial to make plans that will help you relax. Whether it be grabbing a cup of coffee with a friend, having a spa day, going to the beach, or booking a flight to Spain, do it! You work so hard, you are so driven, so who’s to say you don’t deserve a reward? Book that flight to Bali!

Comment Down Below the Ways You Manage Your Time. What Works for You?

(Your tips may be life-changing for others who read this post.)

The OUI Case You Shouldn’t Miss Out On!

        Wishing you a blessed day and a beautiful week ahead! This week, I want to bring before you an OUI case which was reversed on two counts and affirmed on one. I thought this case was interesting because I had no idea a breathalyzer, namely the Draeger machine, could be deemed unreliable. Breathalyzers are highly relied upon by police officers and play a major role in criminal convictions. An unreliable breathalyzer is counterproductive for the justice system. For those of you interested in Criminal Law, I especially think you will find this to be a great read.

        The Defendant was convicted after a jury trial on three counts: (1) operating a motor vehicle with a percentage, by weight, of alcohol in his blood of greater than 0.08, second offense, G.L.c. 90, Section 24(1)(a)(1); (2) leaving the scene of an accident with property damage, G.L.c. 90, Section 24(2)(a); and (3) negligent operation of a motor vehicle, G.L.c. 90, Section 24(2)(a). The Defendant appealed. 

        The Defendant was tried on two theories with regards to count one: (1) operating a motor vehicle with a percentage, by weight, of alcohol in his blood of 0.08 or greater; and (2) operating a motor vehicle under the influence of intoxicating liquor. The jury found the Defendant guilty on the first theory. The Defense argued that such a conviction on count one should be reversed because the Draeger machine that was used as a breathalyzer, was not reliable. 

       The Defendant was given the breathalyzer test at the Swansea Police Department using a “9510 Draeger machine” (Draeger machine). The Defendant voluntarily provided two samples, as required, to get a valid test result. The Draeger machine reported that the Defendant’s blood alcohol level was above the 0.08 legal limit. 

        The Defense argued that in light of their expert testimony, “A reasonable jury could not have found the results to have been accurate”, based on a prior Superior Court action that had challenged the reliability of the Draeger machine, and that, “There was insufficient evidence to support the jury’s finding that the Defendant had a blood alcohol percentage greater than 0.08.” The Commonwealth agreed that reversal of the Defendant’s per se theory of an OIU conviction should be reversed supported by the Superior Court ruling but they do not concede the evidence was insufficient. 

        The Appeals Court concluded that, “The verdict in this case cannot operate as either an acquittal or a conviction, and that consequently, double jeopardy principles do not bar the Defendant’s retrial on the impair operation theory”. The Court made this finding based on the case of Commonwealth v. Brown, 470 Mass. 595 (2015). Therefore, for the first count, the judgement was reversed the verdicts were set aside and judgement was entered for the Defendant. The court also stated the Defendant may be retried on this count. 

        The Defense then argued on the second count of “Leaving the scene of an accident with property damage”. The Defense argued that the Commonwealth presented insufficient evidence that the Defendant indeed committed the offense. Specifically, the Defense argued that the Commonwealth failed to prove that the property in question, a side guardrail off of I-195, was, in fact, damaged. There were no pictures nor any other evidence of the guardrail prior to the alleged offense.

           In conclusion, the Court reversed Defendant’s convictions on Counts one and two, and affirmed the decision on count three (article mainly focused on counts one and two). The Defendant was to be retried on the charge of driving while under the influence of intoxicating liquor. (Referenced MA Lawyers Weekly, V. 49, No. 30)

#StayInformed

      Do You Agree with the Judge’s Decision? Comment Down Below Your Thoughts on This Case!

All About Self-Motivation and Staying Focused - You Got This!

Here we are, 5 weeks into the Fall semester of 2020. How are you doing? The purpose of this post is to provide some encouragement, some positive vibes, and to remind you that you have what it takes to successfully make it through law school and thereafter, through life! You are here, you got accepted to law school and you’ve made it through this far, whether you’re a 1L, 2L, or 3L student. You would not even be here in the first place if you did not have the capability to handle 3 rigorous years of learning the law.

I’m going to tell you a story about myself. When I was a child, I knew I wanted to be a lawyer, I just knew. Whenever anyone would ask me what I wanted to be when I grow up, each time I would proudly say, “A lawyer!” That was not the typical answer a child would give, as it has nothing to do with unicorns, arts & crafts, or princesses. But I was just so sure of myself. Then as I grew older, many people questioned my career choice since I was known to be the “shy and sweet” girl. Sometimes it bothered me and made me question whether I was able to become a lawyer. After watching TV shows and movies entailing courtroom settings where lawyers would yell and intimidate the witness, I highly questioned my ability to ever do something like that as a lawyer. Then college started and I had to start thinking seriously about my career choice. After doing much research and listening to what people around me were saying, I decided to change my career choice from law to dental. I majored in Biology in undergrad, typical of any Indian student. I enjoyed my classes, despite the fact they had nothing to do with law, and I became very involved in dental club. I even became a dental assistant, working at a dental office for a little over two years. I really thought this was it, this is my life calling, until I got an email for an interview at a dental school in Arizona. 

At the interview, I felt so blessed to be there, the school was nice, Arizona is a beautiful state, but extremely hot! The day started off with a welcome from the dean of the school. He was very sweet, very knowledgeable, but what made him really stand out to me was that he said he achieved his DMD degree as well as his JD degree. For some reason, I hooked onto those words, “JD Degree”. It was as if I stopped paying attention to everything he said after that moment and started doubting myself and questioning whether I wanted my JD degree or DMD degree. I continued with the day and proceeded through the multiple rounds of interviews all with the same thought in the back of my head. I got back home and that’s when I did some major research on law schools across the US and decided that any law school that didn’t require an LSAT score, I would apply to, just to see if I even had a chance without having to lose a whole year just to take the LSAT. I found some schools, but out of all, I found that MSLAW had a curriculum that was flexible, had many classes to offer, and most importantly for me at the time- no LSAT was required! I immediately spoke to my parents about applying, just to see if I would get in and they were nothing but supportive. I applied, flew in for the interview, and soon after, received a letter in the mail stating I was accepted. You would not believe the joy I felt when my dad told me that I got into law school. I was thrilled! I can tell you, as a 3rd year law school student, I am so blessed to have made such a sudden career change and for MSLAW to be there at the right time for me. I can say with confidence, I am so happy I chose to get my JD degree over a DMD degree! I am also reassured that as an attorney, you do not have to yell in a courtroom at a witness to get them to answer you in a way that’s most favorable to you; I’m sure the judge wouldn’t be pleased with you if you actually did, nor the jury. 

Hope I didn’t bore you with a chapter of my life! The moral of my experience is that you shouldn’t limit yourselves to the thoughts of those people around you. People will always have an opinion about anything you do, anything you decide on, anything and everything! However, they are nowhere close to knowing you and who you really are, what you are capable of, and what your goals are. You are the only person who knows yourself the best. You must own yourself and push yourself to turn your dreams into goals. You must believe in yourself and take a step outside your comfort zone and you will come to realize you can run. You must have confidence that you will do well, and indeed you will. These are all lessons I have learned when choosing my career path. I know some days may seem very tough, as if you’re unsure whether you can make it. Those are natural thoughts to have, but don’t dwell on them. Surround yourself with positive people who will help you grow, take the walls out of your mindset that are limiting you from your true potential, and don’t be afraid to get back up and keep pushing forward. In the end, no one is going to live your life for you, you must live it yourself and choose to live a life you’ve always dreamed of. Focus on the positive aspect of things and you will find yourself to be happier. Someone once told me, “If it won’t matter in 5 months, don’t spend more than 5 minutes thinking about it”.  It is very easy to be angry; it takes close to no effort to be upset or angry, but it takes a mature person to overcome such emotions and keep pushing through, focusing on the positives, and staying focused on what really matters: your happiness. 

I hope reading this helped you in some positive way. I want to end off with saying that if any of you feel the need for some motivation or some encouragement, I am open to speak with you. I understand the importance of positive thinking and I hold true to it. With that, I hope to say nothing more than to recite a quote by Nelson Mandela: 

“A winner is a dreamer who never gives up”.

Do You Have a Favorite Quote That You Hold True to Yourself During Tough Times? Share with us Down Below!

You Cannot Miss This One - A Case Surrounding a Noncompete Agreement!

I came across this case and thought it was very interesting and one which you could benefit from. Not too many people place a lot of thought into signing a noncompete agreement, but it is crucial for all individuals looking to get a job to pay attention to such a clause. It is crucial for an employer to ensure an employee signs a new noncompete agreement, even after they are re-hired by the same company but for a different position. Otherwise, there is a high likely chance that the employer, upon the employee’s termination, just allowed their ex-employee to work for a competitor.

In this case, a Plaintiff Employer filed a motion for a temporary restraining order (TRO) against the Defendant, a former employee of the Plaintiff, seeking to enforce a confidentiality and noncompete agreement. To give you a little context, the Defendant started working for the Plaintiff, a pharmaceutical company, in 2015. Thereafter, the Defendant was laid off of work for some time, but fortunately was rehired by the Plaintiff on December 7, 2016. During the process of being rehired, the Plaintiff prompted the Defendant to sign a second confidentiality and noncompete agreement. The Defendant signed such agreements.

            Then on June 20, 2018, the Plaintiff sent the Defendant a letter informing him of the termination of his employment as his position was being eliminated as part of a “realignment of [the Plaintiff’s] business”.

            The Defendant then applied for another vacant position at the same Plaintiff company and, after an interview, was awarded the job. The previous position was set to expire on August 3, 2018 while the new position was to start on August 6, 2018. Upon starting his new position with the Plaintiff, no new noncompete agreement was required to be signed.

            About a year and a half later, on January 6, 2020, the Defendant resigned from his position. Soon after, the Defendant moved on to work for a competitor of the Plaintiff. Upon hearing this news, the Plaintiff sought a TRO against the Defendant.

            The noncompete agreement specifically prohibited the Defendant from working for a competitor in certain positions for a year after the end of his employment with the Plaintiff and from ever disclosing any confidential information. The Plaintiff argued that the Defendant was never laid off in 2018, but rather, “transferred positions within the company”. The Court found no merit in this argument.

            The U.S. District Court found in favor of the Defendant and denied the Plaintiff’s motion for a TRO because it found that the Plaintiff, “Could not show a likelihood of success on the merits”. The court further found that the Defendant was no longer bound by the noncompete portion of the agreement because, “Those provisions expired 12 months after the termination of the Defendant’s employment on August 3, 2018 and the [Plaintiff] rehired the Defendant on August 6, 2018 without having him sign a new noncompete agreement.

            The Plaintiff appealed this order; however, the Appeals Court affirmed the lower court’s decision stating, “We see no abuse of discretion in the district court’s finding that [the Plaintiff] was not likely to succeed on the merits. Nor do we find any abuse of discretion in its decision not to analyze the remaining factors in the test for a preliminary injunction before denying the motion, particularly because [the Plaintiff’s] likelihood of success is so low”. (Referenced MA Lawyer’s Weekly, V.49, No. 28).      

 

#StayInformed

 

Do you Agree with the Court’s Decision? Comment Down Below!

What’s Your Opinion on Remote Learning? Here’s What Your Fellow Classmates Think!

 

            Remote Learning in the Spring of 2020 at MSLAW was an experience that was forced upon us by Covid-19. It was an unexpected situation we were all confronted with after our spring break. I wanted to know how such a change affected the students of MSLAW. After asking around, I received a balance of responses to the concept of remote learning. While one student stated, “I did not like remote learning at all” another student stated, “I liked how informative the school was during the process.” Remote learning is a method to which both students and faculty and staff have to work together to make it work.

            Personally, being an out-of-state student, I believe switching the second half of the spring semester to remote learning was a smart choice to make by MSLAW. I would much rather distance myself from my fellow classmates and professors for their safety and mine, than being in class with them when Covid-19 was a high risk and spreading fast. Though, the one thing I wish happened was for the school to inform us earlier about the high possibility of having remote classes once spring break was over. The reason being is because I am an out-of-state student and so I go home to IL for spring break, leaving behind my law books in my apartment here in Massachusetts. If the school had warned me about the possibility of having remote classes upon the end of break, I would have definitely brought my law books with me just in case classes were indeed online. Unfortunately, that was not the case, so I still had to fly back to MA from IL since all my books were here and by then, it was too dangerous to fly back home to IL due to Covid-19 so I was forced to stay back in MA, away from home. While that was saddening, one good thing was that I had plenty of time and peace of quiet to study and prepare for my final exams! If I were home with my dog, Stevie, guaranteed I would be interrupted while studying from his cute face and his untimely request of wanting to play ball or go outside!

            Below are some thoughts of our MSLAW students on their experiences. “They updated us constantly on the plan. What I didn’t like is that every professor had a different approach so it was confusing at first.” (Anonymous student). “I like the efficiency of how swiftly the school’s ‘technology department’ (i.e. Mick and Dan) took action and were able to get online classes running via zoom and accepting assignments via TWEN. At first I was super hesitant and worried about remote learning because I am a student who hand wrote all of my law school exams…luckily I was able to acclimate.” (Solonge El-Hachem). “I liked being able to go through the recorded audio material at my own pace. I think the Professors took extra care in explaining the material, as we didn’t have the opportunity to ask live questions.” (Eddie Street). “I enjoyed how some professors (Malaguti) provided an abundance of material and offered extra help sessions. This was crucial in order to be able to handle and actually accomplish learning the subject. As for other professors, I found it very counterproductive to reduce the material provided, yet still hold the expectation of students to learn the subject as if we were still in the classroom. Often times, I found myself reaching out via email only to never hear a response or feedback.” (Anonymous student).  

I want to shed light on the great effort and planning the MSLAW faculty and staff went through to make this whole remote learning experience go as smooth as possible. Student’s access to a laptop/computer, their access to the professors, faculty, and staff, their personal schedule with kids, scheduling for summer classes, how final exams would be taken, what assignments would be due, etc. are all concerns which MSLAW had to consider when deciding the best way to implement remote learning. Personally, I believe they did a great job, truly admirable. We cannot forget that Covid-19 came into all of our lives as a surprise. When was the last time we had to deal with a pandemic like this? It’s a challenging time, but MSLAW did a great job in making the transition as functional, easy, and with as little confusion and hardship as possible. From extending the final exam times for students to take it even early in the morning when their kids are asleep, to posting lecture videos and recordings of classes and having zoom review sessions, MSLAW kept students their number one priority during such a difficult time. Thank You to all MSLAW faculty, staff, and all those who spent their valuable time to plan and make this whole remote learning experience a great one for our MSLAW students.

 

                            What part of Remote Learning Did You Like/Did Not Like?