Legal Research Briefs, Legal Memoranda and Legal Writing You have learned in previous chapters that part of the legal profession involves a large quantity of writing. Attorneys took great pains to make language in documents as complicated as possible. One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible.
Guidance for Prosecutors Regarding Criminal Discovery The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and United States, U. In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the Legal discovery memo of these authorities to particular facts.
In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. Toward that end, the Department has adopted the guidance for prosecutors regarding criminal discovery set forth below. The guidance is subject to legal precedent, court orders, and local rules.
It provides prospective guidance only and is not intended to have the force of Legal discovery memo or to create or confer any rights, privileges, or benefits.
See United States v. The working group produced this consensus document intended to assist Department prosecutors to understand their obligations and to manage the discovery process. By following the steps described below and being familiar with laws and policies regarding discovery obligations, prosecutors are more likely to meet all legal requirements, to make considered decisions about disclosures in a particular case, and to achieve a just result in every case.
Prosecutors are reminded to consult with the designated criminal discovery coordinator in their office when they have questions about the scope of their discovery obligations. Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases.
Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities. Gathering and Reviewing Discoverable Information1 A.
It is the obligation of federal prosecutors, in preparing for trial, to seek all exculpatory and impeachment information from all members of the prosecution team. Members of the prosecution team include federal, state, and local law enforcement officers and other government officials participating in the investigation and prosecution of the criminal case against the defendant.
This search duty also extends to information prosecutors are required to disclose under Federal Rules of Criminal Procedure 16 and Some factors to be considered in determining whether to review potentially discoverable information from another federal agency include: Many cases arise out of investigations conducted by multi-agency task forces or otherwise involving state law enforcement agencies.
Courts will generally evaluate the role of a state or local law enforcement agency on a case-by-case basis. Prosecutors are encouraged to err on the side of inclusiveness when identifying the members of the prosecution team for discovery purposes.
Carefully considered efforts to locate discoverable information are more likely to avoid future litigation over Brady and Giglio issues and avoid surprises at trial. Although the considerations set forth above generally apply in the context of national security investigations and prosecutions, special complexities arise in that context.
Accordingly, the Department expects to issue additional guidance for such cases. Prosecutors should begin considering potential discovery obligations early in an investigation that has national security implications and should also carefully evaluate their discovery obligations prior to filing charges.
This evaluation should consider circuit and district precedent and include consultation with national security experts in their own offices and in the National Security Division.
What to Review To ensure that all discovery is disclosed on a timely basis, generally all potentially discoverable material within the custody or control of the prosecution team should be reviewed2.
The review process should cover the following areas: With respect to Department of Justice law enforcement agencies, with limited exceptions3, the prosecutor should be granted access to the substantive case file and any other file or document the prosecutor has reason to believe may contain discoverable information related to the matter being prosecuted.
Prosecutors should also discuss with the investigative agency whether files from other investigations or non-investigative files such as confidential source files might contain discoverable information.
Those additional files or relevant portions thereof should also be reviewed as necessary.Legal Discovery Memo Words | 7 Pages.
Mr. Lateman: Thank you for speaking to me on January 6, During our conversation, you informed me that you are seeking legal representation on federal drug possession charges. MEMORANDUM Privileged and Confidential TO: Opposing Counsel D DATE: 09/29/16 FROM: Emily Jones/ Law office of John Patterson SUBJECT: Client v Employer Preservation, disclosure and production of documents I.
PURPOSE OF THIS MEMORANDUM The purpose of this memorandum is due to coming to our attention that there have been accusations of sexual harassment in the workplace%(4). Legal Discovery Memo; Legal Discovery Memo.
Words Dec 1st, 7 Pages. Evaluation Form for Project 3 (10 points) The Evaluation Form must be attached to your Project 3 submission. I will deduct points if the Evaluation Form is not the first page of your submission. Please note that I deduct 2 points per day that a project is late.
Formal Discovery: Gathering Evidence for Your Lawsuit. Learn about discovery -- the legal procedures used to gather evidence for a lawsuit. By Paul Bergman, UCLA Law School Professor.
Share on Google Plus. Share on Facebook. Keeping discovery information from the public. legal memo citations Essay Name: _Shawn Parker LEGAL RESEARCH & WRITING Legal Memorandum, Part B (Research List Answers) PLEASE READ: This is a list of LEGAL research that you may use for your memorandum assignment.
Office Memo Format and Explanation. This handout sets out a short description of one way to put together an office memorandum.
The format and structure may differ somewhat from law office to law office (and, here in .