Disclaimer

This web site is intended to provide information of general interest to the public and is not intended to offer legal advice about specific situations or problems. This information is not intended to create, and the receipt of it does not constitute, a lawyer-client relationship. Maureen S. Moore does not accept responsibility for any loss which may arise from reliance on information contained in this site.

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Contact Info

Contact

Maureen S. Moore
P.O. Box 252
El Prado, NM 87529

575-613-5339 phone

EMail:

attorneymaureen@
gmail.com

Legal Research & Writing

Legal research has come a long way since I was a law clerk back in the early '80s. We shepardized cases by hand and, if we were lucky, typed our briefs on a correcting Selectric electric typewriter. A computer with Lexis/Nexis was installed in the Chase Law School library just before I graduated. No personal computers for research - we relied on books. It was a good way to learn because it trained me to be organized and efficient in my research.

Fast forward forty years, and I can find almost anything within minutes, if not seconds, using the Internet and Westlaw. I still rely on the West key number system, but key-citing cases is quicker and way more efficient than thumbing through those old red volumes of Shepards. All the learned treatises are there, too, and amazingly easy to access. No more looking through the stacks of the law library for a volume that someone else has in their carrel. And I've got access to unpublished decisions, other attorneys' briefs -- the list of materials is endless. Nowadays the information I need simply pops up on my screen and I'm ready to roll.

The one thing that hasn't changed is the thrill of the hunt - searching for that elusive case that makes my argument, and the excitement of finding it. Whether I'm reading a decision in a book or on a computer screen, the feeling is the same, and so is the technique: look for the issue, examine the holding and the reasoning behind it. If it helps my case, great; if it doesn't, how can I distinguish it and how might I persuade a court to see my case differently?

Writing a memorandum of law is the same today as it was back then, except that I'm using an incredibly fast Dell desktop with Windows and Word instead of my old reliable IBM Selectric.

My first objective in a memorandum is to show the court how I want it to rule, and that it has the power to do so. Then I move to the facts, and then to the argument. The keys to a successful argument are persuasiveness and the ability to lead the court to follow my reasoning in a logical way. If there's a statute involved, how does it relate to the case? Is there a reason why it might not apply? Then the case law - putting the helpful cases up front and distinguishing the others. Analyzing how the case law applies (or doesn't) is crucial to a solid argument.

The conclusion is basically, "I've told you what I want, I've showed you why you should do it, now please do it." It may sound simplistic, but it's not. The conclusion is a logical summing-up of the argument, coupled with a request for the desired outcome.

My research results are e-mailed to you as Word documents so you can use them to support an oral argument or insert them into your own pleading. If you prefer, I can create a Motion with a Memorandum of Law, incorporating the research results.

Whether you need research on a single topic or a complex memorandum of law, I am ready, willing and able to help.

About Maureen

With over 40 years experience in practicing law, I primarily practiced in small law firms. I have also owned and managed a small business and supervised the Workers’ Compensation Section of a large county government, which provided coverage for 13,000 employees. I am a graduate of Goucher College, and Chase College of Law of Northern Kentucky University.

Over the years, the focus of my practice evolved from a general practice with an emphasis on corporate law to personal injury, probate litigation, workers’ compensation, and appeals.

Throughout that time, I found that what I most enjoyed was the legal research and writing, and appeals, so when I opened my own solo practice in 2009, I decided to focus on what I enjoy most and do best.

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