February 10, 2012
PL 100--Introduction to Paralegal Studies
Week #5
First, this week’s technology note:
Some students have had continuing problems logging onto Coursesites, and I don’t really see any reason to keep using it. The alternative that I’ll be using is a blog that I’ve used in the past. The blog is accessed by going to www.goldmanhusson.blogspot.com
When I send out assignments (which I’ll continue to do by email) I will also post those assignments on the blog, which should be easier to access. If I include attachments (as I did for Week 4, and which some of you were unable to open) I’ll copy and paste them into the blog, so that there’s an alternative posted if the attachment won’t open for you.
This week’s assignment starts with reading Chapter 9 of the text, “Legal Writing”. Being able to write accurately, but also clearly and simply, is something I view as an essential skill in the legal profession.
Think of this week’s assignment as the written version of the client questioning that you did in Week 3 (the Nicastro case). The essential task is to take legal concepts and requirements and to put them into terms that a client can understand. Assume that you are a paralegal working in a law office.
Start out by reading the Maine Supreme Court case of Degenhardt v. EWE Limited Partnership, 2011 ME 23, 13 A3d. 790. The case can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--scroll down to “2011 Opinions”
--select 2011 ME 23 Degenhardt v. EWE Limited Partnership (2/24/2011)
The assignment is to write the draft of a letter to a client for your attorney’s approval and signature. For the format of the letter look at the sample letters on pp. 286-289 of the text. Don’t include all the parts above the salutation line (p. 283): it’s the content of the letter that I’m concerned with.
This is a letter addressed to the client that both answers his questions as far as possible, and also poses additional questions to him, if necessary.
Here’s the situation: Your client is Bob Jones, owner of the “Portland Inn”. This is a business of 20 rental units. It is licensed as a “lodging house” by the City of Portland.
When you conducted your initial client interview with Mr. Jones, you were able to gather the following information from him:
This is not a fancy place. The posted room rates for the Inn are $50 per night; however, almost noone rents by the night. A few guests stay for $150 per week, but almost all rent for $500 per month. Many stay for several months; some stay for years. The $50 rate is the only one posted in the office of the Inn. And there is no other posting of the rate. The manager of the Inn (who is also the handyman, laundryman, and janitor) is in the office or on the premises from 9:00 to 5:00 on weekdays. He is the only employee on the site.
Each room comes with a table and two chairs, and a bed. That’s all. There’s a shared kitchen and bathroom for every four rooms. For a small additional fee, the guests can have their linens exchanged for fresh ones; most guests do this once every two weeks. For a larger fee, guests can have their rooms cleaned; almost none ever sign up for this service.
When a guest rents a room, he signs a guest register and a form acknowledging that he is a lodger and not a tenant under Maine law. Few guests read what they are signing, and none really understand it: the Portland Inn wants to just throw bums out when they cause trouble, rather than having to go through the expensive and time-consuming process of evicting them (called “forcible entry and detainer”) through the Maine court system, as they would have to do with a “tenant”. Self-help evictions (if the guests are “tenants” as opposed to “lodgers”) are not allowed under Maine law.
Bob Jones came to your office because he has had some trouble with drunks who disturb the other guests. He wants to just throw the bums out, or have the police do it for him. He’s worried, though, about the possibility that the guests will try to sue him if they are thrown out, on the grounds that they are “tenants” protected by the eviction laws.
He wants to know what he can do to increase the chances that he does not fall under the landlord/tenant laws. He has come to your law office for advice about how best to manage this. He is willing to make some changes to the way he does things, but not things that will cost him too much money. He does not want to exclusively rent by the day, for example, or even the week, because almost all of the guests stay for months, which is the only way the Portland Inn stays in business. But if there are little things that will help his chances, he’s happy to do them. If there somewhat expensive things, he’d at least like to know what they are, so that he can do his own cost/benefit analysis.
After your initial interview, you researched the law (the Degenhardt case is the only thing you need to or should look at). Now your draft letter has three purposes: review the law for Mr. Jones about how the Court will decide whether he’s a landlord or a lodging house operator; ask him any questions about other information that would be helpful to you in assessing his situation; and make suggestions about what he might do in order to inexpensively help his chances of falling in the right classification.
Your letter should be accurate, but also clear and simple. How many grammatical mistakes and misspellings do you want in a letter to a client? None.
Send your assignment to me by e-mail. (Please remember to use your Husson FirstClass account.) There is no particular length that I’m looking for, but just get to the point in the letter.
Your letter will be due by noon on Saturday, February 18th. This response will be worth 5% of your final grade (5 points).
If you have any questions, please feel free to e-mail me with them.
Week #5
First, this week’s technology note:
Some students have had continuing problems logging onto Coursesites, and I don’t really see any reason to keep using it. The alternative that I’ll be using is a blog that I’ve used in the past. The blog is accessed by going to www.goldmanhusson.blogspot.com
When I send out assignments (which I’ll continue to do by email) I will also post those assignments on the blog, which should be easier to access. If I include attachments (as I did for Week 4, and which some of you were unable to open) I’ll copy and paste them into the blog, so that there’s an alternative posted if the attachment won’t open for you.
This week’s assignment starts with reading Chapter 9 of the text, “Legal Writing”. Being able to write accurately, but also clearly and simply, is something I view as an essential skill in the legal profession.
Think of this week’s assignment as the written version of the client questioning that you did in Week 3 (the Nicastro case). The essential task is to take legal concepts and requirements and to put them into terms that a client can understand. Assume that you are a paralegal working in a law office.
Start out by reading the Maine Supreme Court case of Degenhardt v. EWE Limited Partnership, 2011 ME 23, 13 A3d. 790. The case can be found on the website of the Maine Supreme Court.
To access the case, go to
http://www.courts.state.me.us/opinions/supreme/index.html
--scroll down to “2011 Opinions”
--select 2011 ME 23 Degenhardt v. EWE Limited Partnership (2/24/2011)
The assignment is to write the draft of a letter to a client for your attorney’s approval and signature. For the format of the letter look at the sample letters on pp. 286-289 of the text. Don’t include all the parts above the salutation line (p. 283): it’s the content of the letter that I’m concerned with.
This is a letter addressed to the client that both answers his questions as far as possible, and also poses additional questions to him, if necessary.
Here’s the situation: Your client is Bob Jones, owner of the “Portland Inn”. This is a business of 20 rental units. It is licensed as a “lodging house” by the City of Portland.
When you conducted your initial client interview with Mr. Jones, you were able to gather the following information from him:
This is not a fancy place. The posted room rates for the Inn are $50 per night; however, almost noone rents by the night. A few guests stay for $150 per week, but almost all rent for $500 per month. Many stay for several months; some stay for years. The $50 rate is the only one posted in the office of the Inn. And there is no other posting of the rate. The manager of the Inn (who is also the handyman, laundryman, and janitor) is in the office or on the premises from 9:00 to 5:00 on weekdays. He is the only employee on the site.
Each room comes with a table and two chairs, and a bed. That’s all. There’s a shared kitchen and bathroom for every four rooms. For a small additional fee, the guests can have their linens exchanged for fresh ones; most guests do this once every two weeks. For a larger fee, guests can have their rooms cleaned; almost none ever sign up for this service.
When a guest rents a room, he signs a guest register and a form acknowledging that he is a lodger and not a tenant under Maine law. Few guests read what they are signing, and none really understand it: the Portland Inn wants to just throw bums out when they cause trouble, rather than having to go through the expensive and time-consuming process of evicting them (called “forcible entry and detainer”) through the Maine court system, as they would have to do with a “tenant”. Self-help evictions (if the guests are “tenants” as opposed to “lodgers”) are not allowed under Maine law.
Bob Jones came to your office because he has had some trouble with drunks who disturb the other guests. He wants to just throw the bums out, or have the police do it for him. He’s worried, though, about the possibility that the guests will try to sue him if they are thrown out, on the grounds that they are “tenants” protected by the eviction laws.
He wants to know what he can do to increase the chances that he does not fall under the landlord/tenant laws. He has come to your law office for advice about how best to manage this. He is willing to make some changes to the way he does things, but not things that will cost him too much money. He does not want to exclusively rent by the day, for example, or even the week, because almost all of the guests stay for months, which is the only way the Portland Inn stays in business. But if there are little things that will help his chances, he’s happy to do them. If there somewhat expensive things, he’d at least like to know what they are, so that he can do his own cost/benefit analysis.
After your initial interview, you researched the law (the Degenhardt case is the only thing you need to or should look at). Now your draft letter has three purposes: review the law for Mr. Jones about how the Court will decide whether he’s a landlord or a lodging house operator; ask him any questions about other information that would be helpful to you in assessing his situation; and make suggestions about what he might do in order to inexpensively help his chances of falling in the right classification.
Your letter should be accurate, but also clear and simple. How many grammatical mistakes and misspellings do you want in a letter to a client? None.
Send your assignment to me by e-mail. (Please remember to use your Husson FirstClass account.) There is no particular length that I’m looking for, but just get to the point in the letter.
Your letter will be due by noon on Saturday, February 18th. This response will be worth 5% of your final grade (5 points).
If you have any questions, please feel free to e-mail me with them.
posted by sol goldman | 7:15 PM
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