GROUP 4

Factual Research

- Fact-finding or information gathering which involves searching

for people, corporations, scientific & medical reports, public
records or any other non-legal research. 
- Factual research is necessary to provide background
information, find expert witnesses, or fulfill required due
diligence.  (Florida State University, College of Law, Research Center, Specialty Research)
2 Stages of Legal Writing:

1. Pre-Work
2. Write-Up
1. Pre-Work
- Five (5) Levels of Pre-Work

(1)Establish where the legal dispute lies in the case.

(2)Discover relevant facts.
(3)Know the laws or rules that apply to it.
(4)Identify the issue or issues that you would address.
(5)Rough out the argument that you would use.
 .
2 Write-up

- The stage where you organize and transform

the outlines produced during the pre-work
stage.
- Involves editing and rewriting
GETTING INTO THE
FACTS OF THE CASE
1. Make Random Notes

making short notes in random on the facts you consider

to be relevant
Advantage: fast noting
Disadvantage:
uncorrelated facts, effective only on works done
in one sitting, it is incomplete
2. Make a Summary

compress the information that you need

summarize the content of your raw data

Advantages:
Provides a detailed map to guide you, cohesive, complete
thoughts, good in both short and long duration works
Principles in Summarizing:

1. TAKE OUT the non-essential facts

Section 10 of Ordinance No. 105 of Tagaytay City provides that at least 5% of
the total area of any memorial park established within its jurisdiction shall be set
aside for charity burial of its pauper residents and that no permit to establish,
operate, and maintain private memorial park shall be granted without the
applicant’s conformity or agreeing to such conditions.

Discuss the constitutionality of said ordinance.

 Section 10 of Ordinance No. 105 of Tagaytay City provides that at
least 5% of the total area of any memorial park established within its
jurisdiction shall be set aside for charity burial of its pauper residents and
that no permit to establish, operate, and maintain private memorial park
shall be granted without the applicant’s conformity or agreeing to such
conditions.

.
Ordinance provides that at least 5% of memorial park shall be set aside
for charity burial no permit to operate, shall be granted without the
applicant’s conformity.

IMPROVED VERSION:
The ordinance requires memorial parks to give away to
the poor 5% of their land area as a condition to being
granted permits to operate.
2. Extract Relevant Facts from Cluttered Facts

(1) Descriptions of victim (age, status)

(2) Affirmations (yes to questions during examination)
(3) Answer the “Wh” and 1H” questions
(Who raped you? When did he rape you? Where did he
rape you? How)
(4) Justifications (arguments/claims)
3. Set the FACTS in SEQUENCE

Put the events in order of their occurrence.

Advantages:
a. Understand easier the facts. Human experience occurs in an order of time.
b. clearly see how facts relate or connect with each other.
c. Versions of the parties and the disagreements therein are able to see
clearly.
d. Prepare you well for the work of writing up the facts of the case in your
pleadings.
CLIENT INTERVIEW
INTERVIEW

Interviews are a form of oral communication or conversation in

which the participants are constantly learning about each other.

Purpose:
1. Gather the pertinent data more efficiently
2. Increase client satisfaction
BASIC POINTS TO CONSIDER IN CONDUCTING
LEGAL INTERVIEWS

1. The parameters of the interview • Lawyer and client must

understand the boundaries and
limitations of the interview
a) Extent
b) scope/coverage of the interview
c) What questions will be asked
 Useful
 Relevant
 Material
 accurate
BASIC POINTS TO CONSIDER IN CONDUCTING LEGAL
INTERVIEWS

2. Interview process • Client must be aware of length,

duration and coverage (what are the
matters to be asked) in the interview

• Prepare before interview so as to

maximize time (e.g. interview
guides, questionnaires, place of
interview)
BASIC POINTS TO CONSIDER IN CONDUCTING LEGAL
INTERVIEWS

3. Use of recording and documentation • For purposes of recalling information

tools elicited during the interview

• If lawyer intends to use recording

device, must inform client
BASIC POINTS TO CONSIDER IN CONDUCTING LEGAL
INTERVIEWS

4. Language or dialect to be used • Know what dialect the client is

comfortable with and which he can
express himself freely

• Do not use legalistic terms

BASIC POINTS TO CONSIDER IN CONDUCTING LEGAL
INTERVIEWS

4. Language or dialect to be used • Know what dialect the client is

comfortable with and which he can
express himself freely

• Do not use legalistic terms

5. Documents/objects that are needed • Inform client ahead what

during the interview docs/objects he/she must bring
during the interview
INTERVIEWING IN
THE LEGAL SETTING

MARK K. SCHOENFIELD and BARBARA

PEARLMAN SCHOENFIELD
CENTRAL GOAL

1.To generate a flow of accurate

information
2.Reach a mutually agreed-upon decision
FIVE CONCEPTS TO ATTAIN CENTRAL GOAL

1. Interviewer must communicate questions

accurately and precisely
- The narrower the scope of the question, the better
- Instead of asking “what else occurred”, ask "what
was the very next thing that happened."”
2. Interviewer should maximize the client's ability and
willingness to answer
- Develop a relationship of trust and understanding
- Lawyer-client relationship is highly fiduciary
- How to attain this? All information that will be disclosed by the client
must be treated with utmost confidentiality
- While the attorney and client need not necessarily like each other, they
should develop mutual confidence and respect.
3 . Interviewer must listen actively to determine the
significance of statements
- The interviewer should avoid thinking of "similar" situations in
the past or anticipating the story to prevent the flow of
information from being altered by the interviewer's
preconceptions.
- “Be in the moment”. Do not be distracted.
4. Interviewer should also probe to increase the
validity, clarity and completeness of the responses

- The client's statements should not merely be accepted.

- It is possible that he or she is merely speculating.
5. Decisions must be made regarding the
nature of the client's "problem" and any
actions to be taken
- Decision on the part of lawyer (advice)
- Decision on the part of client (choice among the
options given by counselor)
Inhibitors
1. Competing time demands of the lawyer
2. General anxiety or tension
3. Ego (self-esteem) threat.
4. Short-comings of human observation and perception
5. Inability to recall the event.
6. Suggestive questions (leading questions)
7. Identification with the interviewer.
FACILITATORS

1. Mutual agreement on expectations

- The interviewer's expectations must not be presented as
demands unless absolutely necessary. Instead, the
interviewer should adopt a flexible attitude.
- A creative reciprocity, culminating in true agreement
regarding expectations, should develop during this
discussion process
2. Recognition

- The interviewer should convey the impression that the client is

important, not an elitist attitude based on his/her feelings of
professional dignity and importance
- Recognition can be given in two ways:
a. Approval (a positive attitude in response to a specific act) – Active
recognition
b. Esteem (a positive overall evaluation) – Passive recognition
3. Escape from dreary routine.
- Attorney should try to calm the client's fears arising
from the fact that it is a new experience and the client
does not know or feel comfortable in his/her role
4. Sympathetic understanding.
- Such an attitude also helps to minimize the client's fear
of being misunderstood or misjudged.
5. Catharsis

- this catharsis involves release of unpleasant emotional

tensions arising from guilt, an atmosphere of confidentiality
as well as sympathetic understanding is required.
- Otherwise, client resents the interviewer for forcing him/her
to talk about an emotionally threatening subject.
6. Search for meaning

- The interviewer may facilitate communication by indicating

an interest in the search for meaning when the client
experiences psychological tension when he attempts to
reconcile incongruent facts disclosed
- To reduce or eliminate psychological tension on the part of
client
7. Extrinsic reward
- The client will tend to cooperate if s/he views the interview as a
means for achieving a positive goal outside of the interaction
within the interview itself
- This concept is not limited to the client's preconceived goal
8. Relationship with the interviewer.
- If the client views his/her relationship with the interviewer as a
positive one, cooperation will tend to result
- However, while the interviewer may also feel that the
relationship has a personal value to him/her, the interviewer
must guard against becoming so involved that s/he loses an
ability to evaluate tactics and strategy with professional
detachment and objectivity
9. Acceptance of the client as s/he is.
- The client will be more willing to communicate if s/he does not
fear that the interviewer is judging him/ her.
- Non-judgmental attitude
- The interviewer may be able to help the client deal with the
fear by pointing out the client's strengths and the caseworker's
weaknesses
Minimize Inhibitors . .

MAXIMIZE
FACILITATORS . . .
References:

Abad, R., " Fundamentals Of Legal Writing”(2004)

Barte, R., " Legal Counseling for Practicing Lawyers” (2015)
Schoenfield, Mark K. and Schoenfield, Barbara Pearlman (1978) "Interviewing and
Counseling Clients in a Legal Setting," Akron Law Review: Vol. 11 : Iss. 2 , Article 4.
https://ideaexchange.uakron.edu/akronlawreview
https://ideaexchange.uakron.edu/akronlawreview
"

DOCUMENTARY
EVIDENCE
DOCUMENTARY EVIDENCE

Sec. 2. Documents as evidence consist

of writing or any material containing
letters, words, numbers, figures or
other modes of written expressions
offered as proof of their contents.
Characteristics
1. Offered as proof of their contents
2. Bound by the Original Document Rule
(previously the “Best Evidence Rule”)
3. Requires identification by testimonial
sponsor
4. Requires authentication
•“Document” - any matter expressed or
described upon any substance by means of
letters, figures or marks, or by more than
one of these means, intended to be used, or
which may be used, for the purpose of
recording that matter. Documents come to
the knowledge of the court through
testimony.
Theory of indivisibility of Document

When a writing is presented by a

party to the Court as evidence of its
contents, the whole of the document
must be considered.
Secondary Evidence
Secondary Evidence, its Concept
-Also known as “substitutionary evidence; ” may
be used in lieu of the original, if preconditions for
reception thereof are justified by circumstances
to supplant the nonproduction of the writing
itself.