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TRIAL TECHNIQUE AND LOGIC

A Course Outline for Law 108


Silliman University College of Law

I. The Practice of Law


What is Law?
The Logical Syllogism: the Basis for the Legal System
Historical Development of the Legal Profession
The Development of Suit through Lawyers
The Need for Lawyers
Nobility of the Legal Calling
Realism Tempered with Ideals
Nature of Law as a Profession
Who may Practice Law
The Attorney’s Oath
Duties of Attorneys
The Lawyer and Officer of the Court
Critical Public Opinion towards the Lawyer
Law Practice
Alone or in Association with Others
Choice of an Office
An Office gives the Client his first impression
Furniture and Equipment
Library
Office Secretary
Developing a Client/Retainer Base
Attracting Clients
Good Fellowship an Asset
Sympathetic Attitude to Client’s Cause
Soliciting Clients
Retaining Clients
Satisfactory Professional Services
Admirable Personal Relations
Setting Attorney’s Fees
Expertise required
Time expended
Resources needed (i.e., out of town trips, etc.)
Contingency
Champerty not allowed
Suing the client
Attorney’s lien
II. The Facts and Law of the Case
Gathering the facts
Interviewing the client/initial witnesses
Draft affidavits as to the facts
Integration of Facts
Assembling of Facts
Be aware of Deadlines
The Law of the Case
Legal Research
Sources of Law
Applicable Law
Jurisprudence & Precedents
Authorities
Developing Legal Theory
Analysis
Your client’s case
The opponent’s case
III. Preparing for the Case
Preliminary Matters
Limitation of Action
Choice of Legal Remedy/Alternative Theory
If initiating the case
Katarungang Pambarangay: Lupon
If not, proceed to responsive pleading
Pleadings
Form and contents
Style
Verification
Final testimonial affidavit attachments
Streamline to essential facts and identified exhibits
Discovery Proceedings
Depositions
Interrogatories
Inspection of Documents or Things
Physical and Mental Examination of Persons
Admissions Against Interest
Remedies if Discovery is resisted
Pretrial Brief
Possibility of amicable settlement
Simplification of Issues
Joining of Issues
Alternative Dispute Resolution mandated
Pretrial Procedure
Lawyers must be present
Client may be represented by SPA
Effect of Admissions
Setting limits to trial dates
The Trial Brief
Diagram of the Case
Resume of Facts
List of Witnesses and summary of their testimonies
Abstract of the Pleadings
Applicable Law
The Trial Proper (Practicum will be your course in Practice Court)