60736 - Analytical and Expressive Skills for Professional Practice
Compulsory
5.3. Syllabus
1. Differences between the language and the structure of the different documents (judgments, contracts, demands, judgments, letters, instances, denounces, etc.
2. Correct and clear Information to the clients in order that they could take theirs decisions. (mails of confirmation of instructions and decisions).
3. Elaboration of orders.
4. Differences of communication with the client or lawyers .
5. Meetings with clients and lawyers: problems, advantages and disadvantages.
6. The concession of the permission to act in court and tribunals.
7. Civil servants
8. District attorney's office
9. Judges
10. Verbal and written communication. Aptitude to close agreements. Level of commitment that can be reached.
11. Utilization of written communications with lawyers.
12. How to make an analysis of the facts. Conversation with the client.
13. Importance of the correct information. To verify always the facilitated for the client.
14. To try always to avoid the conflict or the judicialization of the matter.
15. Strategies to promote agreements. To look for alternative routes.
16. To value the consequences of the possible different actions for the different areas (civilian, tax, social, penal...). Choice of the type of action and more favorable jurisdiction for the client. Application of the rules of objective and competence rules in the procedural laws.
17. Search of complementary information To be able to discriminate against the important of the incidental questions.
18. Preparation of the proof. Which is the necessary? Well-known fact, diabolical proof, facts admitted expressly.
19. Legality of the proof and consequences of the illicit proof. Special reference to the expert proof and to the preclusive moment of the proof).
20. Oral interventions: allegations in the verbal judgment (civil, social, administrative) to make concrete the demand or to formulate an opposition (examination). Concretion, explanatory clarity, "instructa" of the proof or the picture that summarizes allegations.
21. Opposition to extension of the demand out of the legal hypothesis... Unforeseen questions, preparation of the matter and of the possible troubled points that could arise suddenly. Possibility of asking for the suspension depending on which it is the question that is produced.
22. Proposition of proof, contribution of “instructa”, motives of opposition to the offer, resources of opposition to the refusal. Succinct explanation of the scope of the attests. Object of the proof: what wants to be proved, what has to be proved. Special reference to the penal order, as one is accusing or defending. Choice of proofs, valoration of the convenience of each one. Interrogation of part: How the client must act, make clear what is going to happen, how the other parts are going to ask him, what thesis he/she must support, be concise, to ask the question, questions to repeat him with several subquestions... How to interrogate to the contrary.
23. Witnesses' interrogation. Experts: Choice of the expert of part. Possible designation of the judicial court of mutual agreement. How to ask the expert for explanations. To study the matter also in his technical aspects.
24. Judicial recognition. Final allegations: valuation of the proof against the summary of the the answer. To be concise and structured. To know which is the message that wants to be able to be transmitted to organize with logic the speech.
25. Form: to ask for the permission to begin. “Instructa” of proof. Public and private documentary proof. Exhibition of documents for third party not litigator. Interrogation of part, expert, and judicial recognition.