Christys Notes on Interview 2 (person B)

Interviewer: Molly
Interviewee: Person B

Presenting Argument to Judge

In terms of the story she leads with in her writing, she reflects/considers how the judge
will connect to the client
Clients are often time seen as inhuman
Have to find a way to rehumanize clients
Get the judge to feel sympathy
Written Motions
Avoid emotions/sympathy and focus on the law because judges do not like to be
overturned on the law
Point of view: irrespective of the conduct of the client or how the judge personally feels
about them, this is what the law says and as a judge you are required to follow the law
and here are the options
No judge likes to be in the newspapers about not doing his/her job
How does your work differ from your colleagues?
Comparing this jurisdiction to DC (where she practice before) the volume of cases are
higher
Each file is a client and the complexity of the file includes basic info and what they did
Up to the client to forming a meaningful connection or visit the person in jail
In DC, the caseloads are lower based on the way cases are spread out and because of
gentrification
Did you cover a part of the city or all of the city?
Yes, covered all four quadrants
How has your writing and your decisions in writing changed since you first started being
an attorney to now?
Undergrad- you have a style unique to you; she took a lot of creative writing classes and
read a lot of books
Academic way you are taught is very different from practical reality
Judges are very busy so they dont have time to always read
Logical, methodical, no voice or emotion
Facts might be emotional but no flowery language
Not 1 paragraph with 1 fact and supporting details
10 sentences with 10 facts
What tools do you use to make documents?
Microsoft Word
Westlaw (new job uses this database)
Lexus (old job uses this database)
Search crime, then look up statute to look up elements to prove the crime,
legislative notes on intent behind statute, and relevant cases that describe
certain things (section in intent, character of property)
 Once you click on the cases there are links to other cases
How do you take this information and use it in your writing?
Similar to MLA-- attorneys use Bluebook
She did not have this in her office because she memorized the proper way to cite
Find facts that are applicable in the case
Writes sentence she wanted to use in case and citation is usually taken from the
top-- the name, page number, and year--this signals to the reader you didnt find
the case from anywhere
Person Bs office was disconnected from everyone else who works there because she
has her own office. How does that impact your writing? Do you work closely with the
people here?
All the attorneys have their own offices
Purpose: When they meet with clients all client conversations are confidential
You want client to be able to freely talk to you about what happened and what
made the person who they are
Also do not want to discourage people from sometimes telling the attorney what
really happened
If there wa no separation, then people would not be as open and there would be
a problem of snitches and sometimes you do not know who knows who
Every Wednesday, the office bounces ideas off of each other
Mandatory meetings
Divided up into teams
Meet with team every first and third wednesday and bring a case they each want
to talk about and workshop
Every second and fourth Wednesday
Further divided between circuit and district court and meet respectively with
teams
Standing meetings with supervisor ( Person Bs take place every Wednesday at
11:30am)
There is ample opportunity to go into peoples offices
Everyone has a window with curtains, the rule in understanding is that if the curtain is
open then its an open door closed door policy
The support staff has the cubicles that are next to each other
How does your writing change if you know the person is guilty rather than if you know
theyre innocent or unsure?
It doesnt
Keeping in mind there are evidentiary rules and technicalities
Evidence blocking: it is not whether the person did it, it is what the state can prove
Do you view it as a moral issue of innocent v guilty? Ethical issue of a state having to
prove guilt?
Our system would rather 1 or 10 guilty people go free than have an innocent person
locked up
It is essentially designed to protect the person that truly did not do it
 Take the necessary precautions, the court would expect records and witnesses of the
crime
If the court is asking for a lot of hurdles, if it happened then you can meet the hurdles to
prove the persons guilt
In the event that the person really is innocent, that they dont go to jail
If a person gets off on a technicality then it is on the person bringing the lawsuit to do a
better job with records/evidence
States role- vigorously keepin evidence in
Defenders role- vigorously keep evidence in
Clients
Very mentally ill
Dont understand the charges against them
Not college educated
Often times they want a trial because they feel they genuinely did not feel they did
anything wrong
Sometimes what they are advocating for is morally conflicting, the result is ultimately to
get the person help
How do you handle cases differently if they involve a minor?
Separate juvenile team
She does not do juvenile cases at her current job but did them at her last job for a year
In terms of writing, they are handled the same way
The interaction with the client is very different because most kids think they know
everything but they dont
Kids are intuitive, ask a lot of questions, so you have to make sure you know what you
are talking about
Try very hard to protect the confidentiality of kids
Adult cases are open to the public, all on public record unless expunged
Initials used in the writing
Interacting with parents is difficult, only represent the child
Always ask to talk to kids alone, legally and ethically have to talk alone
Parents want to see the documents but cant unless attorney gets permission from the
kid

Interview 1 (person A)

Interviewer: Elizabeth
Interviewed: Person A
Undergrad: barnard
Law school: northwestern
How long at the OPD?: since March 2017
Fellowship: equal justice works fellowship: make up own project and funded by private donor
funded by DLA Piper
Do you write more/less in this job?: considerably less at OPD
Kinds of writings: motions and form motions in district court, very little adjustments between
form motions
Previous job writings: creative/individualized motions because of smaller case load and had
more time; motion practice in Illinois is different than MD in Illinois there was a hearing for the
motions on a separate date before trial dates so state can respond in MD all it is oral in district
court; only motions that need to be filed in MD district court is form motions
Do you think law school prepared you for writing (previous/present) job?: prepared mostly
for federal practice; prepared for a higher level; most legal writing done in first year; law school
prepared more for normal/research papers not legal papers
Peer reviewing: do not need to edit each other's writing; more thought editing
Legal terms vs laymans terms: try to speak simply so client can understand but sometimes
needs to use correct legal term
Rhetorical devices: can use rhetoric to make courts understand absurdity of sentence (30
days in jail for littering); elicit empathy/sympathy for people who have had horrible experience/
mitigating evidence; calls victims complaining witnesses; cannot be as passionate about every
case because judge would not care anymore so she has to pick and choose