Checking date: 25/04/2019


Course: 2019/2020

Legal writing and oral advocacy
(17253)
Study: Master in International Advocacy (334)
EPD


Coordinating teacher: RODRIGUEZ DELGADO, JUAN PABLO

Department assigned to the subject: Department of Private Law

Type: Compulsory
ECTS Credits: 3.0 ECTS

Course:
Semester:




Competences and skills that will be acquired and learning results.
BASIC SKILLS. CB6 Possess and acquire knowledge that provides a basis or opportunity to be original in the development and/or application of ideas, often in a research context. CB7 Make the students able to apply the knowledge acquired, and their ability to solve problems in environments that are new or little known within broader contexts (or multidisciplinary) related to their field of study. CB8 Make the students able to integrate knowledge and face the complexity of exercising judgment from information that, being incomplete or limited, includes reflections over the social and ethical responsibilities linked to the application of their knowledge and judgments. CB9 Make the students capable to communicate their conclusions and the knowledge and ultimate reasons that support those conclusions, to a public that may be specialized or non-specialized in a clear and unambiguous manner. CB10 Make the students possess the learning skills that allow them to continue studying in a way that will, to a great extent, have to be self-directed and autonomous. GENERAL SKILLS CG1 Understand the multidisciplinary nature of the legal order and the necessarily interdisciplinary approach to legal problems, especially from an international perspective. CG2 To integrate, manage, identify, organize and analyze information of a legal nature. CG3 To formulate critical judgments, evaluate them, and communicate their conclusions in a clear and orderly manner. CG4 To evaluate the development of personal and collective actions, identifying rigorous and well-finished work, as well as mistakes, making arguments, and proposing alternative solutions to improve processes and outcomes. CG5 To acknowledge the growing importance of teamwork and show initiative, creativity and sense of responsibility, maintaining a lively interest during the whole process. CG6 To adapt and blend into different working groups, keeping fluid relationships and communication, respecting ideas and solutions proposed by others with an attitude of cooperation and tolerance, sharing responsibilities and issuing and receiving instructions. CG7 To develop professional works in interdisciplinary and international teams, with the ability to integrate diverse contributions in diverse and multicultural legal environments, all towards a common goal. CG8 To acquire an adequate and correct attitude at an international level, especially in the context of legal compliance and the management of conflicts of interest in the negotiation of contracts and their performance, as well as in the dispute resolution stage. SPECIAL SKILLS CE1 To be able to draft legal documents in Spanish and English in the context of contract negotiation, the execution of transnational transactions, as well as in international conflictual contexts. CE2 To understand the different types of conflicts present in every negotiation or dispute resolution activity in the context of international legal practice and to analyse its influence in the development of the legal service to be rendered with regard to the parties involved: businesses, the State, or physical persons. CE3 To negotiate to resolve and/or avoid situations of legal conflict, which will permit the lawyer to improve the efficiency of its work. CE 4 To be able to deliver a satisfactory outcome for the client when the project requires coordinating schedules and teams in different time zones, cultures and expectations, in order to finish a project consisting in closing a deal, or carrying forward a dispute before different venues. CE5 To understand and adapt to the legal environment the different stages of a project in a contractual as well as a procedural context: beginning and planning, decision-making, conflict management, and monitoring and control of execution CE9 Capacity to understand the economic implications of legal decisions, and the financial perspective when evaluating a client or a project. CE19 Capacity of critical analysis of contractual and procedural documents and legal texts with an international origin for their correct interpretation and execution. CE20 Capacity to draw common criteria from diverse sources from different legal traditions, and to formulate proposals and positions not based on arguments of authority, but of consistency. CE22 To develop interpersonal skills, which facilitate the practice of international advocacy in relation with clients and other players, as well as choosing the correct legal strategy for the defense of those clients¿ interests LEARNING OUTCOMES FOR THE SUBJECTS: After taking this course the student will be able to: -Know the foundations of a proper written and oral advocacy, especially in English, which will be applied to the drafting of contract and procedural documents, and to the legal defense of the client¿s interests. -Understanding of the oral and written skills that are more appropriate according to the type of situation in an international environment: negotiation of contract documents and its drafting, drafting of procedural documents, negotiation of agreements, or pleading before courts and arbitral tribunals. -Understand the different positions that intervene in an international negotiation, with special attention to the different cultural and legal aspects that take place in transnational transactions. -To apply Project management tools to the affairs that they undertake or participate in. -To command and understand the importance of the management of costs, human resources and change of scope in the performance of legal services.
Description of contents: programme
Legal writing and oral advocacy Legal writing a) Basic elements of legal writing: words, sentences, punctuation b) Clarity, sentence construction and content c) Vocabulary: the quest for proficiency d) Adjusting for different types of documents Public speaking and advocacy a) The goals of oral communication b) Cohesion. Openings, closings, and ¿theme¿ c) Clarity and structure d) Manner, delivery and body language e) Improvising. Answer to questions, and replying
Learning activities and methodology
TEACHING ACTIVITIES BY MATTER AF2 Practice/Case AF3 Lecture-plus-practice AF6 Group work AF7 Students¿ individual work TEACHING METHODOLOGIES MD1: Lecture in class by the professor aided by computer and audiovisual tools, in which the course¿s main concepts will be developed, and the main literature will be provided. MD2: Critical reading of the texts recommended by the course¿s professor: press articles, reports, manuals and/or academic articles, for their discussion in class, or to expand and consolidate the lessons of the course. MD3: Resolution of cases, problems, etc, provided by the professor, individually or in group. MD4: Exposition and discussion in class, moderated by the professor, on topics regarding the contents of the course, as well as practical cases. MD5: Making of Works and reports individually or in group.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60
Basic Bibliography
  • Austen L. Parrish; Dennis T. Yokoyama. Effective Lawyering: a Checklist Approach to Legal Writing and Oral Argument. Carolina Academic Press. 2012
  • Barr Smith, R.. The Literate Lawyer: Legal Writing and Oral Advocacy. Vandeplas Publishing. 2009
  • Michael Murray, Christy DeSanctis. Advanced Legal Writing and Oral Advocacy: Trials, Appeals, and Moot Court . Interactive Casebook Series. 2nd Ed.
  • S. I. Strong, Katia Fach Gómez y Laura Carballo Piñeiro. Comparative Law for Spanish-English Speaking Lawyers. Legal Cultures, Legal Terms and Legal Practices // . Edward Edgar Publishing. 2016,

The course syllabus and the academic weekly planning may change due academic events or other reasons.