DRAFTING OF LEGAL WRITINGS and WILLS

1ST STOP TO LEGAL WILL WRITING IS TO THINK, INSTEAD OF THINKING TO WRITE.

Solicitors carry out the task of will writing.

It sounds weird, but it’s true.

It is the standard way we have many people to force us to think. Even to prepare a speech, we do it by writing.

Of course, we do write kilometer, repeating the same idea in different versions and different points of view. We try to remove gloss to neurons, based on crushing the computer keys, while we rectify the language with gerunds and subordinate phrases because no one has stopped to think before what we mean.

No one has taught us to think. The elementary steps of this organic process are no longer part of the academic content of any degree. In law, not even in the postgraduate master studies rhetoric or argumentation. It is of course that all are born knowing to think.

Think is a organic of your brain function, as digestion so digestive. When you feed, you think first the food you want to eat, the shopping, the kitchens, put it in your mouth, chew it, and after all, this, make swallowing and digesting process. When you write, however, we want to arise us ideas of nothing that is like trying to make digestion, without any preprocessing.

SOLUTION:

I use a slate of vinyl or a sheet of paper, where I outline of the topic.

If you decide to buy a whiteboard, try that is not very large. Equal to that you do not advise that you use a sheet of paper in paper white. If your mind sees plenty of space No outlines, writes. You will end up writing the resource on the Blackboard or paper.

It is noted the thrust of the matter, the relevant facts and its test in favor and against.

Presumptions in favor, not have them to prove (as the presumption of innocence from your client), and having the other party and as you rebut; realise that you should try and what not, to win the case.

Note also the procedural issues; fundamental rights which may affect the problem and the positive law governing the issue.

You have the schema view on probate, helps manage the ideas.

If the slate is small and you want to keep the ideas, before deleting it, take a picture with your phone for reference.

With the scheme of the subject, it is easier to raise a list of arguments and ideas. In complex matters, when you run out of ideas or these exhausted, my best solution is to comment and discuss the matter with another partner.No jam does not dissolve a couple of beers with other colleagues, to address the issue.

2º STOP STACKING RECORDS RATHER THAN ARCHIVING PROBATE. what is probate

The order for the lawyer is as essential as knowledge and experience. A lawyer may not be messed up.

Each issue is a project that gives you to eat. You can’t have the source of your income by the soil.

I usually say you have them sorted. In heaps, but ordered: the heap of issues of trade, in that another Chair turn the pending charge…

How to fix it:

If you’re still pulling your work on the ground, I recommend you to read this article about the order in the work of the lawyer and file records. You will help you.

If it does not give you life, I suggest you follow this wise advice inspired by Sta. Teresa “patience achieves everything it”: sorts your files slowly. Buy a Cabinet and a management programme and each day see by inserting two or three records in the program and the Cabinet.

3RD STOP LINKING YOU TO THE CUSTOMER’S PROBLEM.
The legal profession, tells us the article 1 of the Statute of the Spanish legal profession, is a trade free and independent.

The lawyer must be Free and independent of the interests of the client, the emotions of the customer, and free of course, interests and passions of the subject that advocates.

I will consider some everyday situations, in which we lose our freedom and our independence.

Economic linkage: the quota lists:

 

If you get paid only a percentage depending on the outcome (“quota Litis”) remuneration of your work, that you have to run free and independently, will depend on the outcome of the lawsuit. Lose or win the case, will no longer be indifferent, to become the key to collect your work and you’ll be doing things that are ethical, and morally you should make. Win or lose the lawsuit, ceases to be an act of Justice Act, to become the key to your income.

While this is obvious, our Supreme Court, in its judgment of November 4, 2008. In order to ensure free competition in the internal market, allowed the quota limits, is receivable only if the case is won; a criterion that, in my humble opinion, breaks the right of defense which is a fundamental right, if the defense should be free and independent and the quota Litis corrupts this independence, fundamental right also is corrupted.

The free and independent defense, as the fundamental right of the person, cannot be part of a trade in people. It is not something which can be negotiated. Have a defense that is not free and independent, assaults not only the rights of the customer who accepts it, but also affects the rights of the adverse party and the Administration of Justice itself, when support resources and processes, moved by the greed of counsel than by the freedom and independence that must govern the legal profession.

SOLUTION:

Collect secure insurance. Ask your client your all watering of the household insurance policy and check the coverage of the law that most of the insurance coverage. It prepares the writing of appointees of the customer directed to your secure insurance as it allows art. (article 76, d) of the Law 50/1980 of 8 Oct.(Insurance contract Act):”the insured shall right to choose freely the Attorney and lawyer to represent you and defend you in ” any procedure.”

Ten present these two qualifications:

1 º that insurance will pay directly to your customer the minutes that you have previously paid this. For this reason, in the letter you compose in your client’s name to designate you as your attorney, don’t forget to ask the CIA for insurance that they paid fees directly to the lawyer in the account which an effect designs. Thus the Cia’s protection pays you directly the payment of taxes.

2nd Verify the policy for each claim sometimes limit is very low.

EMOTIONAL BONDING:

Chen emotions direct actions: the reason is lost, they exaggerate the consequences, the facts are altered and precipitate actions.

The contagion of emotions

The vast majority of the legal problems, alter the emotional state of the customer.

Customer hires the lawyer to give a free, independent and objective advice.

Emotions are contagious.

The brain has mirror neurons, which capture and copied beyond emotions.

If in your work you pollute you with each topic and you are not aware of it: you will fill your life with anguish, your work will become an ordeal, will lose the illusion of the beginning and end up abandoning the profession.

When the burden and guilt you flood and you can not rest, think that it is also your job which demands you that rest that you disconnect. To continue working, it is essential to learn to relax, as you now explain.

The ego of the lawyer.

Freedom and independence also include the ego of the lawyer.

When lawyer studies a matter and finds a great idea that can be the reason to give your customer, the ego of the lawyer takes the reins of the process.

When the judge ego, despises the lawyer. The ego of the lawyer takes the reins of the process.

When the disorder of lawyer, devotes oblivion in her conduct, fear of the lawyer takes over the ego, and they take the reins of the matter.

Remember: lawyer ego does not form part of the legal problem, as the stain on the glass, is not part of the landscape that transpires.

SOLUTION:

For, Search for silence.

He MEDITATES every morning.

Meditate in silence to know yourself and know why you reacted that way when you squeezed the life.

Meditate on loving yourself.

Meditate for loving others.

Learn how to meditate.

Meditate to enjoy life and act rather than react.

Get exercise and learn to eat healthily.

Enjoy each day as if it were the first day of your life.

Life opens each morning.