Legal Transcription and Dictation - Module 5 PDF

HANDLING DICTATION AND TRANSCRIPTION Module 5: BASIC SKILLS REQUIRED You must be an excellent typist or encoder of data on the computer. This means you should not only be fast but accurate. Many law firms will not employ legal office manager, assistants or legal secretaries who cannot demons...

HANDLING DICTATION AND TRANSCRIPTION Module 5: BASIC SKILLS REQUIRED You must be an excellent typist or encoder of data on the computer. This means you should not only be fast but accurate. Many law firms will not employ legal office manager, assistants or legal secretaries who cannot demonstrate their outstanding typing or keyboarding and computer skills by passing a qualifying test. You must also be able to spell commonly used words correctly, have a good vocabulary, and have a mastery of grammar and excellent use of punctuation. You are also expected to be able to take shorthand rapidly and transcribe attractively and accurately into “mailable” letters and manuscripts. But even though you may not have skills in shorthand, you can rapidly learn to transcribe accurately from machine dictation if you have a good keyboarding and English skills. YOU SHOULD HAVE A BASIC KNOW-HOW ON LEGAL TERMINOLOGY It is important to recognize that the language of legal documents is traditional and has taken on a special meaning through interpretation and definition in the courts. You may find many words and phrases that are difficult to understand because you have not heard them used in the particular context before. At first they will seem strange and awkward to you. Soon, however, the language of the law will come to have a meaning and rhythm that is familiar and satisfying; words that once seemed strange and difficult will become easy and natural for you to use. Some lawyers prefer short documents and simple language; others prefer the traditional phrases. In either case, you will quickly learn the preference of the attorney you work for. The law makes use of many Latin expressions. However, it is not necessary to know Latin in order to deal with these terms, but you are expected to spell them out accurately when used in the legal document. You must become proficient in writing them in shorthand, spelling them correctly, understanding their usage, and knowing when they must be underscored. Some of these Latin expression are used frequently that they are no longer considered foreign language. Examples: Ab initio – from the biggining; De Jury – from the law; inter alla – among other things; per diem – by the day; Persona non grata - an unacceptable person; Prima facie – at first view; Quantum meruit - as much as deserved. TECHNIQUES WHEN TAKING LEGAL DICTATION If you have acquired the shorthand skill, you may take dictation using your knowledge of stenography. However, there are some lawyers who would use the tape recorder for their dictation to be transcribed by the legal office assistant on the typewriter or on the computer Many lawyers consider transcribing dictation the most important skills their secretaries should have. Excellent stenographic skills is indeed important. It is not necessary, however to have shorthand skill in order to be a good legal secretary. Many lawyers use machines for all dictations; others, only for lengthy and complicated documents. BE FAMILIAR WITH THE LAWYERS DICTATION STYLES The lawyer’s dictation habits vary, naturally. Some dictates every punctuation mark, every paragraph, and all instructions; other rely on their secretaries to provide punctuation, correct capitalization, paragraphing, and proper format. You should quickly assess the attitude of your boss in dictating, Does he object to interruptions? If so, hold your questions until he is finished. Does he appreciate your raising questions or pointing out what you believe may be inconsistencies? If so, listen carefully as he dictates so that you can ask questions or point something out to him at the conclusion of the dictation. THE NEED FOR CORRECTING ERRORS BEFORE PRODUCING THE FINAL COPIES The most experienced legal office assistant and the most gifted typist or computer encoder cannot produce an output without making errors. Therefore, it is important that you know how to correct errors in the most efficient and attractive manners. There are numerous ways of correcting typing mistakes as follows. Erasing using the correction fluids Erasing using the electronic typewriter correction ribbons Correction right on the screen of the computer. THE NEED FOR MULTIPLE COPIES FOR LEGAL DOCUMENTS You must know how many copies to prepare of each letter or documents you type There must, of course, always be a file copy, but it is often necessary that additional copies be prepared for persons other than the clients or the addresses. If you are in doubt about the number of copies to prepare make an extra copy just in case it may be needed. When the number of carbon copies is indicated, it is generally referred to as one or two, meaning one original and two carbon copies; one and three would be an original and three carbon copies. DUPLICATING PROCEDURES Every office, and law office is no exception, uses various processes for duplicating materials The most frequently used duplication process in the law firms is PHOTOCOPYING, in fact many offices use this in place of carbon copies. However, for other types of duplicating tasks, you may at times need to use the mimeograph machine. Another modern method in duplicating a document is through the use of the scanning machine. The original document is scanned producing an exact replica of the original copy. THE IMPORTANCE Whenever you duplicate forms or important documents; you save OF SAVING ALL the original copy so that you can make additional copies later if they are needed. If material is photocopied. You will find the THE ORIGINAL original in the appropriate office files. All original copies can be stored in labeled folders. LEGAL DOCUMENTS Find out more at the PowerPoint Getting Started Center  CONCEPT 1: The Importance of familiarizing with the Lawyer Boss dictation style. CONCEPT 2: The Importance of Knowing many Latin Expressions. CONCEPTS and QUESTIONS QUESTION 1: Why is there a need to make it a habit to correct errors or proofread before the final copy is printed? QUESTION 2: How important is saving all original legal documents? Find out more at the PowerPoint Getting Started Center  Basically, the rules that govern form and placement for legal correspondence are the LEGAL same as those that govern any business letter. Letters should be attractively placed on the CORRESPONDENCE page. The date line should be placed in proper relationship to the style of the letterhead. The exact style is a matter of office preference.  It is customary to address a letter to a lawyer by name rather than to address a letter to the firm with attention of the attorney. ADDRESS STYLE Judges are addressed as the honorable, and second line of the address indicates their specific title. SUBJECT LINES Subject lines are used in law office letter more frequently than in general office correspondence. They are usually typed two lines below the salutation. In some offices, they are typed between the inside address and the salutation. They are generally introduced by the Latin expression Re or In Re meaning” in the matter of.” A short subject line may be typed in all caps SIGNATURE LINES In possibly no other area of format are such great variations as in signatures lines. You should know how to “go by the book” if you have to, but you must be adaptable A quick check of the files will show you your firm’s preference. Typically, Signature lines include the complementary closing, the name of the firm (usually all caps), the word. Followed by space for the attorney to sign his name, and then the attorney’s named typed.  Many postal services are available. POSTAL Because legal matters are frequently SERVICES urgent, you will find yourself often using fast and relatively expensive types of postal services.  For something that is to travel some distance, if AIRMAIL time is limited, it is desirable to send by airmail The postage for airmail is more expensive than it is for regular mail and is determined by the weight of the package.  Most of the materials you send will go by first-class mail. CLASSES OF Letters and other original materials that is sealed and postcards must be sent first class; this incudes almost everything you will be sending. MAILS Second-class mail includes newspapers and published materials. Third-class mail includes books, circulars, and printed materials weighing less than 16 ounces; this is a relatively inexpensive method mailing, but is not particularly applicable to the law office Parcels and printed matter weighing over 26 ounces must be sent by fourth-class mail; these packages may be sealed.  Because of the importance of some legal SPECIAL documents, you may often want special services in the handling of the mail you send. HANDLING If there is real urgency, you can send mail by special delivery. It will then be delivered to the addressee as soon as it is received at the post office of destination.  The guidelines for good written communication of any kind apply a letter in the law office as well COMPOSING The style of writing should be simple, clear, and direct. LETTERS The message should be conveyed very clearly so that there can be no misunderstanding. The tone of the letters should be friendly and considerate.  You can also transmit the message using the SENDING MAIL FAX machine Be sure to keep all confirmation slip to prove USING THE FAX that the documents has been transmitted successfully to the other fax machine MACHINE Staple the confirmation slip (as proof the fax message has been successfully sent to the other party) to the original copy before you filed for future reference.  Make the subject line specific. When replying to or forwarding an e-mail, clean up the E-MAIL document. When replying to a question, copy only the question into your e- ETIQUETTE mail, then provide your response. Address and sign your e-mail Provide a signature line for people to know who you are and where they can reach you DO NOT TYPE IN ALL CAPS. THIS IS TOO INTENSE. THIS IS SHOUTING IN E-MAIL WRITING.  To be a successful legal secretary, you must have an excellent background in the mechanics of English usage and grammar. ELEMENTS OF Often sentences in legal papers are long and complex, so you must have understand sentence structure-subject and verbs-to be able to deal with some of the very lengthy legal sentences you will type. LEGAL STYLE Without this knowledge you will be unable to make the meaning of a statement clear Nor will you be able to scribe accurately, punctuate properly, and paragraph correctly. The purpose of punctuation marks is to make written materials transmit an idea clearly and correctly. If a punctuation mark is not needed, it should not be used. USE OF Improper punctuation can change the PUNCTUATION meaning of the sentence. Certain traditional rules govern punctuation ON A LEGAL of related paragraphs in legal documents DOCUMENT  Each paragraph not to be too long. This is because when someone is reading rapidly, it is PARAGRAPHING more difficult for him to comprehend longer paragraphs than the shorter one USE OF Procedures regarding the typing of figures, dates, times, and sums of money vary widely from one office to another. NUMBERS IN Most offices observe the “rules of ten”, which states that numbers ten or under should be spelled out; numbers above ten should be written in figures. LEGAL Also, numbers at the start of a sentence must spelled out. Some offices write every number in words followed by the number DOCUMENTS in figures in parentheses; for example, under the age of eighteen (18) years. Because of the importance of sums of money in legal papers, it is frequently the practice to write sums in words followed by the amount in figures in parentheses. Heading/Letterhead Date Addressee Subject line ELEMENTS OF BUSINESS Salutation OR LEGAL Body Introductory Paragraph CORRESPONDENCE Main Paragraph Closing Paragraph Closing remark Signature line Address  DIFFERENT FORMATS OF FULL BLOCK FORMAT BUSINESS OR LEGAL MODIFIED BLOCK FORMAT CORRESPONDENCE SEMI BLOCK FORMAT DICTATE A ACTIVITY 1 LEGAL CORRESPONDENCE VIDEO Create a video presentation about PRESENTATION any topic presented in Chapter 5. REQUIREMENT End of Module 5 Thank you. HANDLING LEGAL DOCUMENTS Module 6:  One of the most important responsibilities of the legal office assistant is to assist the lawyer in preparing legal documents correctly  The activities in the law office depend to some extent on properly prepared legal papers.  The content of all legal documents is the responsibility of the lawyer, but the correct preparation using the correct legal format is the responsibility of the legal office assistant or legal secretary. 6.1 CLASSIFICATION OF DOCUMENTS CLASSIFICATION OF DOCUMENTS Documents can be classified as non-court and court documents. Non-court documents may relate to matters under consideration by the courts, but many of them will not necessarily need court action. Non-court documents are also known as client documents or legal instruments. Court-related documents are those documents that would require submission to court and will necessarily need court actions. AGREEMENTS AS ONE EXAMPLE OF NON-COURT DOCUMENTS  Agreements between persons are example of non-court documents. These agreements are also called contracts.  A legally enforceable agreement between two or more persons or organizations is known as contract.  Agreement must conform to the laws of the country so that they can be enforceable.  Although the content of agreements is the responsibility of the lawyer, the wording and form of agreements are often so standardized that they can be prepared following a standard legal format by the legal office assistant with little direction from the lawyer. The lawyer signs once the final copy has been prepared.  As a matter of fact, many agreements are following a standard format and content that they can be prepared on law blanks. The legal office assistant merely has to fill in the information supplied by the lawyer.   There are agreements to buy or sell property or services. 6.2 KIND OF  There are agreements to rent or lease property  To employ individuals AGREEMENTS  To grant authority to one person to act on behalf of OR CONTRACTS another  Or grant the right to purchase stock in a company Find out more at the PowerPoint Getting Started Center Many of these have the simple title AGREEMENT, but others have special purpose and are headed with a more specific title. If neither law blanks nor special paper with the title printed at the top is used, the legal secretary must type the title in all caps approximately 2 inches from the top page and centered. PARTIES INVOLVED TO AN AGREEMENT or CONTARCT  Agreement, by definition, involves more than one person, companies, or organization  Those who consent to the terms of the agreement are known as the parties to the agreement.  In some firms and on many printed forms, it is customary to refer to parties, once they have been named in the documents, as party of the first part, party of the second part, party of the third part. This is in line with traditional legal phrasing.  However, many lawyers prefers to name the parties in terms of their roles in the transaction, such as:  Seller and purchaser or buyer  Grantor and grantee  Employer and employee  Lessor and lessee  Agent and principal Many lawyers prefer to name the parties in terms of their roles in the transaction, such as: A lease agreement grants to the lessee the right to occupy a certain piece of property owned by the lessor for a specified period of time in return for which a stated rental is paid and certain conditions must be agreed upon by both parties. An agency agreement authorizes one person or company to act for another in specific capacity or in all matters A power of attorney is special kind of agency agreement that grants to a person the principal as if the principal were acting for himself. A husband often gives such as power of attorney to his wife, a parent to a child, or an individual to his attorney. The power of attorney may be specific. In that it grants to the attorney-in-fact power to act in any circumstances specified in the documents, such as power to sell a car or other property It may be general, granting power to the attorney-in-fact to act in all capacities Stock purchase options grant the right to purchase shares of stock in a company for a specified period, either at a specified price or at the current market price. When stock is in great demand such a right to purchase can be extremely valuable. CONTENT OF AN AGREEMENT When a contract is simply entitled AGREEMENT, the first paragraph may start in this manner. THIS AGREEMENT made as of March 19 or AGREEMENT made this 19th day of March In some legal document practices, certain agreement are entitled INDENTURES, with the first line starting: The terms agreement, contract, and indentures may generally be used interchangeably in a legal papers. But the power of attorney is generally given a specific title – POWER OF ATTORNEY and by custom the first paragraph starts: KNOW ALL MEN BY THESE PRESENTS that I, Robert Gonalez, The first paragraph of a client documents states its purpose, names the parties, and gives the date on which it will be signed. Subsequently, paragraphs state the specific terms of the agreement. These documents may be dictated in their entirety by the lawyer or may be dictated in portions with separate instructions given to you so that you can adapt standard paragraphs to complete the documents. THE NUMBER OF COPIES NEEDED FOR REPRODUCTION  It is important to make enough copies of each document you produce for every non-court document you are to prepare.  There must be one for each party to the agreement, one for the office files and if this is the first time you are typing or encoding on the computer this kind of documents, one copy for your personal forms file  On your copy, note the margin settings tab settings and other specific typing or encoding instructions. This will serve as a useful guide for you should again be asked to type computerize similar documents. It will also be used as guide for the other legal office assistant who will be assigned in your law office in the future. PREPARING DRAFT OF THE DOCUMENTS FOR PROOFREADING  Many of the documents you will prepare are so important and so complex that lawyer will ask you to prepare a rough draft for his or her review before you can begin to type the final copy.  This does not necessarily mean that the lawyer wants to check the accuracy of your transcription, although he will be concerned with accuracy of every documents that your produce.  The lawyer may want to make absolutely certain that he or she has phrased the document in exactly the right manner and that everything is correct  At times, you will be asked to proofread documents to make certain that they are accurate.  Proofreading is a very important task of a legal office assistant before the final copy is reproduced for the signature of the lawyer HOW TO EXECUTE AND SEAL LEGAL DOCUMENTS To be legally binding, documents must bear the signature of the parties named in the document. The signatures of the parties named in the documents are found on the following pages: Last page of the documents in the signature lines At the left side of all the pages of the documents except the last page When documents are properly signed, they are said to be executed. And documents are legally enforceable only after they’ve been signed and executed TESTIMONIUM CLAUSE Execution generally requires a final paragraph in the documents known as the testimonium clause. The contract of sale which is shown below closes with the testimonuim clause: IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first above written Some lawyers prefer to start his clause with IN TESTIMONY WHEREOF. When the testimonium clause serves two purposes: It state that the date indicated on the documents is the date it is to be executed It also names the parties who will sign the documents on the lines provided below the clause for the execution of the document. SIGNATURE LINES Following the testimonium clause are the typed rules for the signature. These are generally typed beginning at the center of the page or slightly to the right center, they extend to the right margin. Below each rules is usually typed the designation of the signing party, such as “party of the first part” or “seller” and “party of the second” part or “buyer” UNSEALED AGREEMENT BETWEEN INDIVIDUALS IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this_____ day of ______,____. ______________________ Seller ______________________ Purchaser HOW TO SEAL THE AGREEMENT Sometimes the testimonium clause contains the words “hands and seal.” If it does, then the signature lines are followed by the letters L.S. at the right margin. This abbreviation stands for the Latin phrase locus sigilli which means “the place of the seal”. This custom and wording go back to a very old practice in which the signer, to prove that the signature was his own, imprinted the seal from his ring into soft, heated wax after he signed a document. Today the sealing of an instrument with the words hand and seal in the testimonium clause – and the letter L.S. after the signature lines have legal implications regarding the enforceability of the agreement. CONCEPTS & QUESTIONS C1. Differentiate the Two (2) Main Classifications of Documents. C2. Explain the concept of Power of Attorney Q1. Who are the parties in the Lease Contract? Who owns and who rents? Q2. What is needed for a document to be legally binding? Which part of the documents will the parties of the contract sign? AGREEMENT BETWEEN CORPORATON IN WITNESS WHEREOF, the parties hereto have the day and year above written caused these presents to be executed in their behalf and in their corporation names respectively by their proper offices hereunto duly authorized and their respective corporate seals hereto attached by like authority. [corporate seal affixed here] ATTEST ______________________ Corporate Secretary _________________COMPANY [Corporate seal affixed here] by______________________ ATTEST ______________________ Corporate Secretary Documents signed by an individual on behalf of a corporation often actually do bear a seal, known as the corporate seal. When a corporation is formally organized, it has a corporate seal. This is a small piece of solid steel equipment, which either imprints into a sheet of paper or stamps on that paper the corporation’s official name, state, and year of incorporation. The seal is placed beside the signature line on which the corporate officer signs. Below the space left for the seal is typed the word “ATTEST”, and below that is a rule for the signature of the officer of the corporation who certifies the validity of the signature and to the right of the officer to sign on behalf of the company WHAT TO DO WITH INCOMPLETE PAGES The signature lines on any legal paper must never appear alone on the last page of the document. This is because it would be too easy for an unscrupulous person to substitute pages of the document that precede the signatures. Therefore, at least the last two lines of the document. Other than the testimonium clause, should be carried over the page in which the parties will sign. NOTARY PUBLIC A notary public must be a licensed lawyer in order to qualify to perform specified functions. If the license is granted, a fee is paid and the notary is given authority under official seal which grants the notary the right to attest to the authenticity of signatures, administer oaths, and attest to the fact that the statements in the document are true. The notary public has other kinds of authority as well, but those mentioned above are the most common. Here are some important matters to know about being an authorized notary public:  the lawyer serves as notary public when the lawyer is granted to the notary, the notary public may then purchase a notary’s kit. This kit includes the notary’s seal, which may be made of metal; or it may be a rubber stamp. The wording on the seal may contain the following: Includes the number of notary’s license It also the license and the expiration date of the authority for notary public. This information is indicated on the documents below the rule for the lawyer’s signature. JURATS A jurat is used when the signer is swearing to the content of the document. The notary must administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that the signer signs in the presence of the notary. It is possible to glean this information from the jurat certificate itself. The wording states “Subscribed and sworn to before me…” – subscribed meaning “signed” and sworn meaning that an oral oath or affirmation was given. “Before me” means that both were done in the presence of the notary public. ACKNOWLEDGEMENTS An acknowledgement is used to verify the identity of the signer and to confirm that they signed the document. They are not swearing to the truthfulness or validity of the document, they are simply acknowledging that they signed the document. For an acknowledgement, a signer is not required to sign the document in the presence of the notary public, but they are required to personally appear in front of the notary to confirm their signature. THE JURAT SUBSCRIBED and sworn to before me, in the city/municipality of __________________, this ___________ day of _________________, 20___________ by ___________________ with Residence Certificate No. ________________ issued at ___________________ on ______________, 20_____. NOTARY PUBLIC My commission expires Dec. 31, 20__ Not. Reg. No._____________________; Page No.________________________ ; Book ___________________________; Series of 20___________  REPUBLIC OF THE PHILIPPINES CITY/MUNICIPALITY OF ______ ACKNOWLEDGMENT BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________ this __date__ personally appeared _____________ with CommunityTax Certificate No. _____________ issued on _____________ at _____________representing to be the __position in the corporation__ of __(name of corporation)__ withCommunity Tax Certificate No. _____________ issued on _____________ at _____________ and Tax Identification No. (T.I.N.) _____________, known to me andto me known to be the same person who executed the foregoing instrument for and inbehalf of said corporation, and (he/she) acknowledged to me that the same is the freeand voluntary corporate act and deed of __(name of corporation__. This Instrument consists of only ______ (____) page/s, including this page in which thisAcknowledgement is written, duly signed by _____________ and his instrumentalwitnesses on each and every page hereof. WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines. NOTARY PUBLIC Doc. No. ______; Page No. ______; Book No. ______; Series of ______; WHAT ARE CONSIDERED DEEDS Deeds are documents that provide proof of ownership of real property. Most deeds are prepared on printed forms onto which the legal office assistant or legal secretary types or computerized the following data: Names of the sellers and purchasers – usually referred to as grantors and grantees The terms of the sale The financial agreements And the legal description of the property Most of this information will be found in the contract of sale. In encoding a deed, it is customary to single-space the property description and indent it from both margins KINDS OF DEEDS A deed of gift transfer title on the basis of special relationship to the grantee and is based on bonds of affection. A deed that transfer title in return for payment is a grant deed, which may be known by many names. A quitclaim deed transfer to the buyer only what the seller owns of the property. This kind of deed is generally used to give up some right to the property, although if the seller has clear title, it may be used to transfer title. A full covenant or full covenant and warranty deed guarantees that there are no defects in the title. 6.4 RECORDING LEGAL DOCUMENTS Documents concerning transfer of title and many other kinds of legal documents must be recorded in the official records of the county in which the property relating to the documents is located. The recording is usually performed in the registry of deeds office. Recording documents required that the information contained in the document be copied into permanent record books This information then becomes public information and is available to anyone who wishes to see it. The recording of a document is said to be constructive notice to all who may be concerned with the information. OPINION LETTERS Lawyers are frequently requested to supply opinion letter for clients. Because these letters have a great deal of legal significance, they cannot be classified as ordinary legal correspondence Opinion letters are actually a kind of non-court document. They present, in carefully phrased paragraphs, legal opinions that respond to request or questions from clients. Opinion letter may be short – one or two pages – or very long. The length of opinion letters depends on the complexity of the opinion requested. No matter what the length of the letters, the secretary must be patient as the attorney drafts and redrafts these letters. A client may request an opinion letter because he has a question about the application of the law as it relates to a problem he is facing. Or an opinion letter may be required as a condition of the closing of a business transaction. AFFIDAVIT OF LOSS An affidavit of loss is a sworn statement made under oath declaring the loss of an item or property, usually with the expressed intention to request a replacement of the lost item. In the affidavit, the owner (or affiant) states that the item or property is lost beyond recovery and can no longer be found despite his best efforts to locate it. The loss may be due to theft, neglect, misplacement, destruction due to disasters such as flood or fire, and other circumstances. You may follow this format in writing your affidavit of loss: 1. On the upper-left portion of the document, indicate the venue which is the place where the notarization occurs. This should be the name of the country (e.g. “Republic of the Philippines”), followed by the city or municipality (e.g. “City of Manila”). At the end of each line is a closing parenthesis. The abbreviation “s.s.” (Latin term scilicet which means “namely”) is also included after the city or municipality. 2. Write the heading “AFFIDAVIT OF LOSS” in capital letters and center it in the document. 3. Write the introductory paragraph stating your complete name, nationality and residence. Also indicate that you are of legal age and that you are testifying under oath (e.g. “depose and state”). 4. State that you are the holder or owner of the lost item or property. Below this statement, indicate the name or description of the item. 5. Declare that the item was inadvertently lost or misplaced from possession. If the item or property was stolen or destroyed due to fire, flood, etc., explain in detail how the item was lost (e.g. “My wallet containing the ID was stolen while I was riding a jeepney”). AFFIDAVIT OF LOSS 6. Mention that you have exhausted all efforts to locate the lost item, but you were not able to find it. 7. Indicate your purpose for executing the affidavit (e.g. “To support the application for the issuance of a new ID”). 8. Write the attestation clause beginning with “In witness whereof” and indicate the date and place of attestation. 9. Write your complete name and affix your signature above it. 10. Write the oath or affirmation statement beginning with “Subscribed and sworn before me” and indicate the date and place of execution of the affidavit. 11. Indicate the name of the notary public if already known. SPECIAL POWER OF ATTORNEY Special power of attorney allows you to assign a third party to make decisions on your behalf. A person can easily create and sign the form if one is knowledgeable on its format, requirements and its legality. Uses of SPA document A power of attorney is required when: Special power of attorney for BIR transactions. Manage cash, bank accounts, and deposit boxes. Get into contracts. Handle claims. Receive a birth or marriage certificate from PSA. CONCEPTS & QUESTIONS C1. Differentiate Jurat from Acknowledgement. C2. Explain Opinion Letter. Q1. In crafting an Affidavit of Loss, ideally, in which paragraph are you going to state that the item or property was inadvertently lost or misplaced? Q2. In affidavits, declarations, and court-related documents, which should be used for certification, acknowledgement or jurat? Why?  LEGAL WRITING Module 7 MODULE 7 7.1 WHAT IS LEGAL WRITING 7.2 BROAD CATEGORIES OF LEGAL WRITING 7.3 TYPES OF LEGAL DOCUMENTS 7.4 ELEMENTS OF LEGAL WRITING 7.4.1 SIMPLICITY 7.4.2 CLARITY 7.4.3 PERSUASIVENESS 7.4.4 LEGALESE 7.4.5 TECHNICAL LANGUAGE 7.5 INTER-OFFICE MEMORANDUM 7.1 WHAT IS LEGAL WRITING Legal writing is the kind of writing used by lawyers, law professors, judges and other workers in the field of law to express legal rights, obligations and opinions. Legal writing may be informative, persuasive or functional. Informative writing conveys information on an issue involving the law or a person’s legal rights. This writing does not take sides. Its goal is objective communication by predicting the law’s path vis-à-vis a set of facts regardless of who is involved. Examples: memoranda, letters to clients and statement of facts in brief. 7.1 WHAT IS LEGAL WRITING Persuasive writing convinces the reader to accept a certain viewpoint. The writer argues for a particular side or perspective. He is expected to use available legal tools to support his stand. These may be pieces of evidence offered in court, sections of the law, decisions of the Supreme Court, opinions of legal authorities on a subject. Examples: academic legal writing, motions, pleadings and argument section of the brief. Functional writing is designed for a specific use or result in law. These are deeds, wills, contracts or drafts of laws and ordinances which legally bind those involved. Some specific format, ceremony or legal requirement may be present in this type of writing. This type of writing need not be analytical nor persuasive. It is enough to be accurate and complete yet understandable. 7.2 TWO BROAD CATEGORIES OF LEGAL WRITING A. Legal Analysis 1. Predictive analysis. A predictive document deals with a legal question in 3 ways. a. Analysis. The facts and law are analyzed and studied closely. The facts are then applied to the law or jurisprudence and they are interpreted according to the meaning of the law. b. Prediction. The outcome of the legal question, whether positive or negative is predicted. c. Recommendation. The writer, based on the facts and law, gives advice or recommendation as to what is best line of action under the circumstances. 2. Persuasive analysis. A persuasive document attempts to persuade a judge, arbiter or any other deciding authority to decide the case in favor of the writer’s client. 7.2 TWO BROAD CATEGORIES OF LEGAL WRITING B. Legal Drafting This is the functional type of legal writing. The writer creates a legally binding document or uses an already available template found in legal forms handbooks. Among the examples are: contracts, deeds, wills and testaments for private persons, and laws, regulations and ordinances which bind the public in general. 7.3 TYPES OF LEGAL DOCUMENTS A. Memorandum – literally “to be remembered” is a paper that explains and summarizes specific points of law for a judge, for another attorney or for a client. B. Pleading – the formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of parties to a lawsuit. The specific papers by which the allegations of parties to a lawsuit are presented in proper form; specifically, the complaint of a plaintiff and the answer of a defendant plus any additional responses to those papers that are authorized by law. The parts of a pleading are: a. the caption; b)body of the pleading; c) signature and address; d) verification; and e) certification against non-forum shopping. 7.3 TYPES OF LEGAL DOCUMENTS C. Motion – A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the movant. D. Brief – a written document drawn up by an attorney for a party in a lawsuit or by appearing pro se that concisely states the following: a. Issues of a lawsuit b. Facts that bring the parties to court c. Relevant laws that can affect the subject of the dispute, and d. Arguments that explain how the law applies to the particular facts so that the case will be decided in the party’s favor. 7.3 TYPES OF LEGAL DOCUMENTS E. Appellate Brief – a writing that must be filed with an appellate court so that the court may evaluate whether the decision of the lower court should be reversed because of some error or impropriety that occurred during the trial. A statement of the issue presented for review, a summary of how the relief being requested are essential elements of an appellate brief. The appellee’s brief will argue that the lower court acted properly in its judgment and request its affirmance, while the appellant’s brief will attempt to convince the court to reverse or vacate the lower court’s judgment because it acted improperly.   C1. Differentiate the Two Broad Categories of Legal Writing. CONCEPTS &  C2. Differentiate Informative and Persuasive Writing. QUESTIONS  Q1. How is a Pleading differs from a Motion?  Q2. If one is to file an appeal, what type of legal document should he file? Find out more at the PowerPoint Getting Started Center 7.4 ELEMENTS OF LEGAL WRITING A. Simplicity. This means to write plainly and simply. To observe the rules on “economy of expression,” each sentence must say what the writer means and means what the writer wants to say. This is best done by preferring shorter sentences, and choosing shorter words. Repetition and convoluted words must be avoided. 1. Use short sentences. Long sentences make one’s writing unwieldy and difficult to understand. They tax the reader’s concentration and memory. 7.4 ELEMENTS OF LEGAL WRITING Example: The herein plaintiff is willing and ready to give a bond pursuant to the Rules of Court executed in favor of the defendant in the instant case in an amount double the valuation of the subject personal property above described, and for the return of the same property if the return thereof be adjudged, and for the payment to the same defendant of such amount as he may recover from the plaintiff in the herein action. Better: The plaintiff is willing to give a bond double the value of the property. He likewise undertakes to return the property to the defendant or pay him such amount if adjudged to do so. 7.4 ELEMENTS OF LEGAL WRITING 2. Omit needless words. Simplicity and economy are good qualities to have in legal writing. One must therefore omit unnecessary words. Rules: a. Avoid wordy expressions. Simpler construction is preferred than using too many words to express an idea. Wordy: The cars were bought for the purpose of starting a taxi business. Concise: The cars were bought to start a taxi business. Wordy: The brothers succeeded in baking two huge ice cream cakes. Concise: The brothers baked two huge ice cream cakes. 7.4 ELEMENTS OF LEGAL WRITING 2. Omit needless words. Simplicity and economy are good qualities to have in legal writing. One must therefore omit unnecessary words. Rules: b. Avoid elaborating on the obvious. This means do not expand or restate the obvious. It bores the reader with information he already has. Wordy: A baby girl was born to Sps. Reyes. Concise: A girl was born to Sps. Reyes. Wordy: Janna Pepe’s two sons, Arvin and Neko play judo. Concise: Janna Pepe’s sons, Arvin and Neko play Judo. 7.4 ELEMENTS OF LEGAL WRITING 2. Omit needless words. Simplicity and economy are good qualities to have in legal writing. One must therefore omit unnecessary words. Rules: c. Get to the point. Omit unnecessary preliminaries. Wordy: We are very proud and happy to announce that our office won the golf championship this year. Concise: Our office won this year’s championship. Wordy: It goes without saying, you are your mother’s favorite. Concise: You are your mother’s favorite. 7.4 ELEMENTS OF LEGAL WRITING 2. Omit needless words. Simplicity and economy are good qualities to have in legal writing. One must therefore omit unnecessary words. Rules: d. Avoid tautology. This means doing away with unnecessary repetition of an idea. Wordy: The guests stood up during the flag ceremony. Concise: The guests stood during the flag ceremony. Wordy: Please voice out your opinion. Concise: Please voice your opinion. 7.4 ELEMENTS OF LEGAL WRITING 2. Omit needless words. Simplicity and economy are good qualities to have in legal writing. One must therefore omit unnecessary words. Rules: e. Eliminate certain phrases. Wordy sentences may be made shorter by eliminating “there”, “that”, “which”, “who is”, “as to”, “it” or “one.” Wordy: This is a topic that interests me. Concise: This topic interests me. Wordy: He is a man who does not like litigation. Concise: He dislikes litigation. 7.4 ELEMENTS OF LEGAL WRITING Wordy phrases Concise version attached herewith Attached/herewith Combined together Combined Each and every Each Final destination Destination First and foremost First Invited guest Guest Past history history 7.4 ELEMENTS OF LEGAL WRITING B. Clarity. The last thing a writer would want is to confuse its readers. Clarity in writing results when the writer is able to express exactly and unambiguously what he wants be reflected on his work. On one level, clear writing involves clarity of expression and sentence structure. On another, deeper level clarity refers to clearness of one’s logic and arguments. 1. Use Familiar and Concrete Words. Plain meaning is a by product of the use of definite and concrete language. This makes for vivid writing, one which can be easily grasped as it is “picturesque.” Abstract: She sustained bereavement of her paternal relative. Concrete: Her father died. Abstract: Her counsel failed to come because of the onset of inclement weather. Concrete: Her counsel could not come due to the storm. 7.4 ELEMENTS OF LEGAL WRITING 2. Avoid wide gaps between subject, verb and object. A sentence normally consists of a subject and a verb with the object (if any) following the verb, e.g. The lawyer shouted at the witness. If these three are placed in order and near one another, the sentence becomes easily understandable. Putting modifiers between the subject and verb or between the verb and the object makes for tedious writing. With gap between subject and verb: The plaintiff, disgusted at how long it took for the court to decide such a simple ejectment case, filed a motion for early resolution. Improved: The plaintiff filed a motion for early resolution. He was disgusted at the court’s delay in resolving his simple ejectment case. 7.4 ELEMENTS OF LEGAL WRITING 3. Avoid misplaced or dangling modifiers. A modifier is a word or phrase that describes or gives more detail about a concept. A dangling modifier attempts to clarify a word not clearly stated in the sentence. Poor: He almost ate all the desserts in the party. Better: He ate almost all the desserts in the party. Poor: Calf born to farmer with two heads. Better: Calf with two heads born to farmer. 7.4 ELEMENTS OF LEGAL WRITING 4. Avoid the ambiguous pronoun references. Careless use of pronouns can result in ambiguity problems. This occurs when the writer allows multiple antecedents or possible references to a single pronoun. Pronouns, when not placed properly, can point to a wrong noun thereby changing the meaning of the sentence. Poor: Robert’s father will use his car for the picnic. Better: Robert’s father will use Robert’s car for the picnic. Or Robert’s father will use the latter’s car for the picnic. 7.4 ELEMENTS OF LEGAL WRITING 5. Punctuations must avoid, not cause ambiguity. Punctuations are marks in written communication used to help the reader better understand the material. One such use is to eliminate ambiguity. Reckless use of punctuation can have absurd results. Poor: I cook banana, carrot, ube and chocolate cakes. Better: I cook banana, carrot, ube, and chocolate cakes. Poor: The writer gratefully acknowledges the invaluable help of his mother, the Honorable Governor Elsie Esplera and the President of the Republic of the Philippines. Better: The writer gratefully acknowledges the invaluable help of his mother as well as the Honorable Governor Elsie Esplera and the President of the Republic of the Philippines. 7.4 ELEMENTS OF LEGAL WRITING C. Persuasiveness. It is a process where people are guided towards the adoption of an idea or course of action. In legal writing, a persuasive document attempts to influence the deciding authority to favorably decide the case in favor of one’s client. The deciding authority is usually the judge. Modes of Legal Reasoning Reasoning is the process of drawing conclusions from facts or evidence. To reach the desired conclusion, arguments or proofs may be used. There are four models of legal reasoning: a) rule-based reasoning; b) an analogical reasoning; c) policy-based reasoning; and d) the narrative reasoning. 7.4 ELEMENTS OF LEGAL WRITING A. Rule-based reasoning. The conclusion is reached by analyzing and applying the law, rule or legal principle. Example: The law says, a contract is annullable where one of the parties is incapable of giving consent to a contract. Albert was seventeen when he signed the contract. Therefore, Albert should not be bound by the contract because he signed it when he was a minor. 7.4 ELEMENTS OF LEGAL WRITING B. Analogical reasoning. The conclusion is reached by showing similarities between the case decided by the Supreme Court and the case of the client. Example: In the case in question, Mario was sixteen when he signed the contract in 2009; However, he lied about his age by misrepresenting himself to be 20. In a case of similar facts, Mercado v. Espiritu, the Supreme Court declared the deed of sale valid, and cannot be annulled in spite the fact that two of the four parties were minors. The reason is, their misrepresentation about their ages amounted to estoppel. They cannot be made to benefit from their bad faith. 7.4 ELEMENTS OF LEGAL WRITING C. Policy-based reasoning. The conclusion is reached by connecting the facts of the case to the state’s existing policy, i.e. what would be “best” for the society at large. Example: Mario should not be bound by the contract. Young people whose minds and morals are not yet fully formed should not suffer from the harmful consequences of those acts which they themselves could not fully consent to. He is not yet mature enough to consider the full consequences of his decisions. He deserves to be protected, not punished. 7.4 ELEMENTS OF LEGAL WRITING D. Narrative reasoning. The conclusion is reached by telling a story that shows the context, description and perspective that appeals to commonly-held ideas of justice, mercy or fairness. Example: Mario should not be bound by the contract he signed because Joey, the car-dealer for 25 years, pressured Mario, discouraged him from calling his parents to ask for advice and telling him that another buyer was looking at the car at the very moment. Joey lowered his voice, said: “I’ll tell you what I’ll do.” “I’ll give you a bonus of P5,000 on top of your selling price, if you will allow me to facilitate the sale of your car to the buyer. This bonus is a secret between us.” 7.4 ELEMENTS OF LEGAL WRITING D. Legalese. It is also called “traditional” legal writing style, is one that use abstruse legal vocabulary making legal writing or speaking difficult for non-lawyers to understand. Legalese cloaks the real message under the layers of long sentences, multiple modifying phrases, abstract terminology and needless jargon. While most lawyers, judges and even clients believe that legal writing must involve legalese as they claim it to be more precise and more resistant to misinterpretation when read by other legal professionals, advocates for the use of plain language disagree. They believe that legalese has more circumlocutions and tends to be more abstract, hence more ambiguous than plain standard language. 7.4 ELEMENTS OF LEGAL WRITING Convoluted: Whereunder the party of the first pays and indemnifies the party of the second part pursuant to the third clause of the abovementioned paragraph. Better: The first party agrees to pay the second party pursuant to the third clause of the above paragraph. Legalese words and phrases Suggested replacements Additionally Also afforded Given ambit Reach or scope Cease Stop Cease and desist Stop Cognizant of Aware of Elucidate Explain Forthwith Immediately 7.4 ELEMENTS OF LEGAL WRITING Legalese words and phrases Suggested replacements In close proximity Near Modify Change Is desirous of Wants Notwithstanding Despite Antecedent to Before Aver State Bestow Give Bona fide Good faith Case at bar Here; this case Gravamen Crux; gist; burden Henceforth From now on 7.4 ELEMENTS OF LEGAL WRITING E. Technical Language. Words have common meaning as well as legal meaning. Legalese is not the same as technical legal vocabulary. While the former is best avoided for plainer language, technical terms form the bedrock in the literature of any profession. Legal terms convey ideas in the legal word scarcely expressible elsewhere. Words Common Meaning Legal Meaning Abstract Something theoretical rather than A summary of a writing concrete Action Movement A legal proceeding Adhesion Sticking together of two things A contract that gives one party no bargaining power. Alter ego A second identity; a close friend A fraudulent corporation used to disguise the dealings of its owner while providing the owner protection from liability Answer Reply to a question A response to a complaint Appearance What you look like Attendance in a courtroom Assignment A task or an appointment to a position The transfer of one’s legal interest in a property to another person. 7.5 INTER-OFFICE MEMORANDUM INTER – OFFICE MEMORANDUM. Also called the “objective memorandum” is usually prepared by a junior associate or paralegal and addressed to a senior partner giving an objective analysis of a legal question. While letters to clients may also involve legal analysis, an inter-office memoranda being addressed to a lawyer for possible court action, demand a more detailed research replete with legal citations. Parts of an Inter-office Memorandum 1. Memorandum Heading 2. The Issue (Questions Presented) 3. Brief Answer (Conclusion) 4. Statement of Facts 5. Discussion 7.5 INTER-OFFICE MEMORANDUM 1. Memorandum Heading Example: TO: Atty. Marito R. Reyes, Partner Reyes, Reyes and Associates FROM: Atty. Julio N. Delfin, Junior Associate SUBJECT: Declaration of Nullity of Marriage Marieta Lansang v. Procopio Bantungan DATE: November 4, 2024 7.5 INTER-OFFICE MEMORANDUM 2. The Issue (Question presented). States in question form the issue/sought to be resolved by the memorandum. The following must be specified: the law, the core issue, and the legally relevant facts that have bearing on the issue. Poor: Whether plaintiff is entitled to declaration of nullity of marriage. Better: Whether the behavior of the husband in joining a cult that advocates free love and sex amount to psychological incapacity as defined under Art. 36 of the Family Code. 7.5 INTER-OFFICE MEMORANDUM 3. Brief Answer (Conclusion). The answer is the answer to the question presented, hence may be “yes,” “no” or “maybe not.” This part summarizes the elements of the law and how the facts apply to the elements. Cite the weakest as well as strongest arguments why the court would likely decide in favor of the firm’s client. Then give your recommendation. Example. Yes. The Supreme Court defined Art. 36 of the Family Code as that incapacity of a party to comply with the essential elements of marriage. Such incapacity must ante-date the marriage, and be of such gravity as to be incurable. Active support, antedating the marriage, to a cult that advocates free sex amounts to a wholesome rejection of the entire concept of marriage. The wife’s leaving the conjugal dwelling suggests the depth of her suffering from her husband’s incapacity rather a liability to the case. I recommend filing the case. 7.5 INTER-OFFICE MEMORANDUM 4. Statements of Facts. Give a summary of facts, including name of firm’s client, the name and address of the opposing party, the nature of relationship between the client and the opposing party, the type and date of contract entered into between parties, and other relevant details. It is preferable to state all the material facts, preferably in chronological order. A material fact is one upon which the outcome of the case will depend. Include all material procedural facts. In the statement of facts, it is preferable to use “objective” and “neutral” language. Opinionated: Respondent is a hopeless alcoholic. He is an inveterate drinker. Objective: Respondent drinks at least six bottles of beer a day. 7.5 INTER-OFFICE MEMORANDUM 5. Discussion. This is the heart of the memorandum. This section asks you to explain the law and the facts. A deductive method is recommended. Begin your discussion with the thesis paragraph which means that the conclusion is in the first paragraph. It will serve as the roadmap to your analysis. Tips:  Begin the paragraph with the thesis statement. It is advised that the statement be in affirmative form. Monogamy is the bedrock of marriage. A husband who philanders and is an active member and supporter of a cult that espouses free sex is thus incapable of complying with the essential requisites of marriage.  State the rule or the applicable law, and discuss their meaning.  Explain how the law applies to the set of facts.  Describe other relevant authority.  Reiterate briefly the conclusion.   C1. Explain the concept of Inter-Office Memorandum.  C2. Explain how the deductive method is used in the discussion CONCEPTS & part of the Inter-Office Memorandum.  Q1. In your opinion, should legalese be used in legal documents QUESTIONS or lawyers be required to opt for plain English language.  Q2. Among those Elements of Legal Writing, which do you think is the most significant? Why? Find out more at the PowerPoint Getting Started Center  Legal Writing: A Competency-Based Reference Approach, 3rd Edition by Gil Marvel P. Tabucanon, David A. Mockon, 2024 Find out more at the PowerPoint Getting Started Center THE LEGAL PROCESS AND CAREER ADVANCEMENT PROCEDURES MODULE 8 Lawsuit Filing Process Resume The Application Letter Career Advancement CONTENTS This topic explains the litigation process, to better understand that the judicial process is not as mysterious and complicated as others may have imagined. 1. Consultation with a lawyer Consulting with an attorney for legal advice plays a vital role in evaluating the merits of a case, the type of litigation to pursue, and filing in the correct jurisdiction. An attorney can guide through the intricacies of the legal system and can help the client prepare the necessary documents. The role of lawyers becomes even more important given the technicalities involved in the litigation process and the revision of rules. 8.1 LAWSUIT FILING PROCESS 2. Filing an Indictment or Petition An indictment or petition is the basic document in all civil cases. and sets forth the factual and legal basis for the claim. It must include the names and addresses of all parties, a concise statement of the ultimate facts constituting the plaintiff's cause of action, the specific law supporting the plaintiff's cause of action, and a detailed claim for damages. This ensures that the allegations made are clear and precise, thus setting the stage for a legal battle. 8.1 LAWSUIT FILING PROCESS 3. Provide Evidence and Supporting Documents The complaint must be accompanied by all relevant supporting documents. These documents are the evidentiary basis for the claims made in the complaint. These documents may include contracts, receipts, photographs, witness statements, medical reports, or any other relevant evidence that supports the plaintiff's case. Consolidating these documents in aggregate from the beginning will help establish the evidence necessary for the court to proceed with the case. 8.1 LAWSUIT FILING PROCESS 4. Filing the Lawsuit and Paying for the Lawsuit After preparing the complaint and gathering the necessary documents, the next step is to file a lawsuit in the appropriate court. The choice of court depends on the nature of the case and the rules of jurisdiction. Once the case is filed, the plaintiff is required to pay a filing fee, which varies depending on the type of case and the amount of money involved. The payment of these fees is an important part of the litigation process, as it formally initiates legal proceedings. 8.1 LAWSUIT FILING PROCESS 5. Service of Summons After the case is filed, the court will issue a summons to the defendant. The Summons is a legal document that notifies the defendant of the filing of the lawsuit and compels a response. It outlines the nature of the action and sets a time limit within which the defendant must respond. The 2019 amendments to the Rules of Civil Procedure amended the rules relating to the service of summonses, in particular those relating to extra-territorial service and substituted service. This step is crucial as it ensures that the defendant is properly informed of the legal proceedings and has the opportunity to respond. 8.1 LAWSUIT FILING PROCESS 6. Defendant's response Upon receipt of a summons, the defendant must file an answer within the prescribed period. The answer should address each allegation in the complaint and state whether the defendant admits or denies each allegation. At the same time, the defendant may also raise affirmative defenses and counterclaims. This stage is crucial as it lays the foundation for the legal arguments presented during the trial. 8.1 LAWSUIT FILING PROCESS 7. Pre-trial and Hearing Once the pleadings are complete, the court will conduct a pre-trial and subsequent hearing of the case. The pretrial conference is a critical stage where the parties and their attorneys meet to discuss the case, consider potential settlements, and prepare for trial. The 2019 Revision emphasizes the importance of the pretrial conference in facilitating dispute resolution and streamlining the trial process. At the hearing, both parties have the opportunity to present their cases, argue motions, and present their legal and factual arguments. 8.1 LAWSUIT FILING PROCESS 8. Trial and presentation of evidence The trial is the central stage of the proceedings, at which both parties present their evidence. Under the 2019 amendments, the presentation of evidence has been simplified. The use of judicial affidavits as direct testimony of witnesses is a standard part of the trial process. This change is intended to speed up the presentation of evidence and improve the efficiency of the trial. During the trial, each side presents its witnesses, cross-examines the other side's witnesses, and submits other relevant evidence to support its claims. 8.1 LAWSUIT FILING PROCESS 9. Judgment and post-trial proceedings After the trial, the judge issues a judgment based on the evidence and arguments presented. The judgment either agrees with the damages sought by the plaintiff or denies the damages sought by the plaintiff. If the judgment is unfavorable, the parties have the option of appealing if they believe there was an error in the application of the law or the facts. 8.1 LAWSUIT FILING PROCESS 10. Enforcement of Judgments If a judgment requires a party to perform a specific act (e.g., payment of damages) and it does not do so voluntarily, the prevailing party may seek to enforce the judgment. This is done by filing an application for enforcement with the court, and if the application is granted, the judgment will be enforced according to the law. 8.1 LAWSUIT FILING PROCESS  11. Appeals and higher courts A party who is not satisfied with the judgment of the court of first instance may appeal to a higher court. The appeal process consists of reviewing the judgment of the court of first instance to determine whether there was an error in the application of the law or the understanding of the facts. The appeal must be filed within a specific period after the judgment, and different rules may apply depending on the Court of Appeal, the Supreme Court, or other appellate courts. 8.1 LAWSUIT FILING PROCESS Submission of a resume is a familiar line to everyone who’s been through the classified ads looking for a job. Job-hunting has never been as arduous as it is now, brought about by the economic crisis. There are too many job hunters with just very few jobs at-large. As a job-hunter, you have to make sure that you have the right hunting tool and that you are aiming right 8.2 THE RESUME  You may be the most qualified person for the job, but if you can not market yourself convincingly in your resume, you might not even get the chance to be interviewed by the employer.  A resume is that all-important marketing tool that summarizes your relevant skills and experience for a particular job to convince a prospective employer that you are worth considering for an interview. THE RESUME OR BIO-DATA SHEET AS A MARKETING TOOL TO PROMOTE YOURSELF  Don’t fall for the myth that if you have all the qualification, you can get a good job.  A well-written resume is what you need to market your qualifications  The main purpose of a resume is to get an interview.  Employer know that anybody can jazz up one’s resume to make them appear bigger that they really are. THE PURPOSE OF THE RESUME  Position Desired  Job Objectives  Personal Qualifications  Education Background (start with the highest)  Special Skills  Honors/Award/Recognition Received  Work Experiences (start with the latest including your practicum or on-the-job training)  Seminars and Training attended  Field of specialization  (you may include other information from the above-listed CATEGORIES)  References BASIC CONTENTS OF THE RESUME  When using a computer in preparing your resume, stick to conservative fonts like times new roman or Arial.  Use good quality short white bond paper, that is good or smooth touch  Unless you are applying for a job that involves design and creativity, be conservative with use of color print.  Invest in the photo you will attach to your resume.  For the layout, observe a one-inch margin all throughout the page.  Don’t use both sides of the paper.  The best and the most important in your qualifications should be on the first page.  Paginate with your name like (resume of Joyce De Vera)  Include all your contract information home address to your cellphone number, landline, fax number, etc. DO’S AND DON’TS IN RESUME WRITING  Two pages are the ideal number for resume, but if you need to add more go ahead.  Be specific in your achievements.  Check and Double check for spelling, grammatical, and information errors.  Do not use abbreviation unless they are well-known in the business world.  You may or you may not list down all your references.  When describing what you can do, do not use the same verb over and over.  To save on the number of pages of your resume, don’t include your elementary and high school education anymore  Do not include an item on the resume about salary information.  Avoid essay types or paragraph formats.  Lastly, and the most important, don’t lie. DO’S AND DON’TS IN RESUME WRITING Different Headings You may Use for Resume Writing Personal Data Sheet Bio-Data Sheet Curriculum Vitae Resume HOW TO PREPARE THE RESUME  Present your educational background with the most recent training listed first.  Indicate the name and address of each school attended, consecutive years of attendance, dates of graduation, and degrees or diplomas received.  Include typewriting, encoding, shorthand, and transcription rates.  Statement of honors or recognition received or class standing is also appropriate.  Indicate all special training in computer or other related skills and seminars attended. YOUR EDUCATIONAL ATTAINMENT MATTERS MOST  Indicate your special interests and extra-curricular activities, but only those related to the job.  Ifyou participated in sports or musical activities or belong to social organization, include in your data sheet because they speak well for you as a person who gets along with others. SPECIAL INTERESTS  Specify the skills you have like:  Typing - indicate your NWAM (net words a minute)  Stenography - indicate your highest rate taking  OfficeMachine – indicate exactly what machines you can operate competently  Computers skills – indicate the hardware and software SPECIAL SKILLS  Give at least three reliable references.  Every employer prefers that you list references on your data sheet  Choose references related to your work experiences.  Yourprofessors or college instructors in your field of secretarial training are a good choice.  However, not all your references should be instructors  Never use relative’s name in your reference list. REFERENCE  After having prepared the resume, the next thing for an applicant to attend to is the preparation of his application letter.  An effective application letter should tell the prospective employer why an applicant would want to join his organization and each should not duplicate the information stated in the resume 8.3 THE APPLICATION LETTER  The primary purpose of an application letter is to obtain an interview.  To accomplish the above objective, the letter and the data sheet must function as a sales letter. You will sell your qualification to the prospective buyer – employer.  Your application letter and the data sheet must achieved the AIDA principle of sales:  A – attract attention of the prospective employer  I – arouse interest about your skills and abilities.  D – develop his desire to see you personally because you are the person he is seeking to fill the job vacancy  A – move him into action to call you for an interview PURPOSE OF AN APPLICATION LETTER  Make sure that when the employer opens your letter of application it would create a favorable first impression.  Use plain-good quality paper.  Theletter should reflect your neatness, your sense of design and composition, and your typing ability. APPEARANCE OF AN APPLICATION LETTER  Most importantly, proofread your letter of application carefully and type or encode accurately with no smudges and erasures as preferable.  Content of an Effective Application Letter  First paragraph --------- it should be business-like manner of starting your letter. State who and where you get to know about the job opening.  Second paragraph ------- state your qualifications that make you qualify for the job opening. Sell yourself. Assure the prospective employer that you possess all the qualifications they are looking for. Give the highlights of your qualifications particular those related to the job you are applying for.  Third paragraph --------- State all the related accomplishment you have.  YOUR career as an office professional begins when you locate your first office position. Success in your career depends on the job opportunities in your field, on your knowledge and skill development, and on your needs and wants.  Actually, there is no magic formula for success in a career. However, there are procedure that you can follow to increase the likelihood of success and advancement.  Procedure for career growth and advancement focus on five main points:  Getting a successful start  Planning for the future  Achieving professional growth  Participating in professional organizations  Practice of basic code of manners and business etiquette 8.4 PROCEDURE FOR CAREER ADVANCEMENT FOLLOW THE BASIC CODE OF OFFICE MANNERS ON THE JOB  Maintain a good attendance records  Never “make up” while on the job  Don’t take more than the allotted time for coffee time coffee break and lunch.  Do not criticize you firm’s business or your boss to your friends.  Never be rude or indifferent to an outsider who visits your company.  Never use the company telephone for personal calls except for emergency purposes.  Never gossip or engage in useless chatter with other employees.  Accept Criticism.  Be polite and courteous at all times to every people in the levels you come in contact with  REMEMBER: there are always room for improvement. GOD BLESS ON YOUR FINAL EXAM.