First Readings

First Readings

Maymester / Summer 2017

This may not be an exclusive listing of all faculty members' first assignment and class meeting notices. If you do not see a class that you are interested in listed below, it may be necessary to check with the faculty member.

Index by Instructor

Baker
Adv. Leg. Wri. Online Civil Litigation Drafting (LAWS 543) Section 001
Burkhard
Business Associations (LAWS 609) Section 001
Dalzell
Advanced Legal Writing (LAWS 540) Section 001
Dalrymple
Consumer Bankruptcy Drafting Workshop (LAWS 836) Section 001
Leonardi
Discovery Drafting (LAWS 548) Section 001
Leventis
Drafting Business Agreements (LAWS 765) Section 001
Virzi
Professional Responsibility (LAWS 555) Section 001


Advanced Legal Writing (LAWS 540) Section 001
Instructor Names: Dalzell
Monday, May 8: Day 1: First Class Meeting — Interviewing Clients; Letters of Representation
Due: Once you've enrolled in the TWEN course for this class, find "Course Materials" and look in the file folder for today's class. There, you will find a document that you will need to complete entitled "Information Sheet." Submit this document prior to our first class using the drop box on the class TWEN site.
Reading:
  • Introduction, Writing for Litigation (pp. 1–9)
  • Materials on Client Interviews, posted on TWEN.
  • - Excerpt posted on TWEN from Fundamental Pretrial Advocacy (pages 22–35) on Client Interviews.
  • - Client Interviews Reading #2
  • Materials on Letters of Representation, posted on TWEN.
  • - Excerpt posted on TWEN from Fundamental Pretrial Advocacy (pages 40-54) on Fee Agreements.
  • - Skim excerpts from Professor John Freeman's articles in South Carolina Lawyer.
  • - Skim excerpts from the South Carolina Rules of Professional Conduct.
  • Familiarize yourself with exhibit 9.1 in Just Writing posted on TWEN, which provides for the basic comma rules. Read the material in section 9.1.1 of Just Writing that covers comma rules 1, 2, and 10.
Other Preparation:
  • Register for this class on TWEN. Also, extend your Westlaw or Lexis access for summer school. If you need help with extending your access, contact Rebekah Maxwell in the law library.
  • The fact pattern we will be working with this May involves a man who slipped and fell at Publix. He and his wife are seeking to recover medical expenses they have incurred as a result of his injuries, lost income, and for the loss of his service/companionship at home. After studying the materials related to interviewing clients, prepare to interview your client by coming to class with a list of questions that you wish to ask your client. Please be thorough in preparing your questions; you will rely exclusively on the facts we gather during the client interview to write your assignments.
Class:
  • We will discuss technique and the fundamentals of interviewing clients.
  • We will interview your client
  • We will discuss how to properly draft a letter of representation that complies with an attorney's ethical obligations.
Adv. Leg. Wri. Online Civil Litigation Drafting (LAWS 543) Section 001
Instructor Names: Baker
Textbooks: Kamela Bridges & Wayne Schiess, Writing for Litigation (2011); The Bluebook (20th ed.).
See notes
Business Associations (LAWS 609) Section 001
Instructor Names: Burkhard
Textbooks:
  • Epstein, Freer & Roberts, Business Structures (fourth edition, 2015).
  • You will also need a South Carolina Statutory Supplement. This is available in the law school book store.
Notes:
  • Please read pages 1–36. Also read Genovese v. Bergeron (Apparent Authority) that is posted on the course TWEN site.
  • In the text in Chapter # 1 there are a number of citations to the Model Business Corporation Act (cited as "MBCA"). We have adopted this in South Carolina and you are to read and apply the South Carolina statute to each of the problems in Chapter # 1 which cited to the MBCA. The statutes are in your supplement. It is very easy to convert the MBCA section number to the parallel South Carolina statute. For example, on page 13 there is a reference to MBCA § 16.01(b). This is simply S.C. Code § 33-16-101(b). All of the corporate statutes start with "33" and then add the MBCA number.
  • Note. The text often also refers to Delaware and New York statutes. We will generally not pay any attention to these.
  • Bring your statutory supplement to class.
  • In Chapter # 2 of the text there are references to both the Restatement (Second) of Agency, and the Restatement (Third) of Agency. You have the Restatement Third in your supplement, and you will need to refer and study the applicable Restatement (Third) provisions mentioned in the text. From page 31 through 44, apply the appropriate Restatement (Third) of Agency sections which are noted in the text
Consumer Bankruptcy Drafting Workshop (LAWS 836) Section 001
Instructor Names: Dalrymple
Textbooks: Kamela Bridges & Wayne Schiess, Writing for Litigation (2011).
See notes
Discovery Drafting (LAWS 548) Section 001
Instructor Names: Leonardi
Textbooks:
  1. Thomson, Skills & Values: Discovery Practice (2d ed. 2014)
  2. Skills & Values: Discovery Practice web course (see assignment for first day of class for how to sign up for web course)
  3. Federal Rules of Civil Procedure (any publisher, but must be 2016 or 2017 edition)
Monday: See attached PDF
Leventis
Drafting Business Agreements (LAWS 765) Section 001
Instructor Names: Leventis
Textbooks: Tina L. Stark, Drafting Contracts: How and Why Lawyers Do What They Do (2d ed. 2014).
Notes: Course meets MTWR 9:00-12:30.
See notes
Professional Responsibility (LAWS 555) Section 001
Instructor Names: Virzi
Textbooks: Schwartz & Wydick, Problems in Legal Ethics, 11th Edition (West)
Monday: Note there are 2 topics per class period. Read the materials for both topics prior to the first class.
Class 1 Topic 1: The Law of Lawyering
Reading Assignments:
  • Rico v. Mitsubishi, S&W p. 19
  • RLDE Rule 7, SCACR 413 (sccourts.org)
  • SCACR 402(k)(3) (The Lawyer's Oath)
  • SCACR Rule 407 Preamble & Scope
  • ABA Model Rule 8.5, SCACR 407
Topic 2: Ethics vs. Malpractice
Reading Assignments:
  • S&W Chapter 6, pp. 178-189
  • ABA Model Rules 1.1, 1.2, 1.3 & 8.4
  • Smith v. Haynsworth, 472 S.E.2d 612 (S.C. 1996)
  • Moore v. Weinberg, 644 S.E.2d 740 (S.C. Ct. App. 2007)
Notes: There are 2 topics per class period. Read the materials for both topics prior to the first class.
See notes