Today’s phrase, “good faith,” is a contract law term that refers to the implied covenant of fair dealing that is a part of every agreement. You may also see the Latin phrase “bona fide” used to refer to the same concept. A party acts in good faith when they are honest, fair and don’t seek to improperly deprive a party to an agreement of the benefits thereof.

Good faith is also an important concept in the Universal Commercial Code, which has been adopted in various forms in jurisdictions in the U.S. Most notable is the concept of the “good faith purchaser” of goods. This states that if a party purchases goods in the ordinary course of business, without knowledge of their origin, they may retain such goods with clean title thereto, whether or not the seller actually was able to transfer clean title in the eyes of the law.

Here are some examples of how the phrases may be used:

• “They’ve been sitting on those renewal documents for weeks, and they decide to submit their comments now? There isn’t even a day’s time to finalize the deal! In my opinion, they’re not negotiating in good faith. I’m wondering if they want to get this deal done at all …”
• “We purchased that shipment of iPads in good faith! How were we supposed to know that they were stolen? Regardless, they’ve all since been sold to good faith purchasers – they aren’t coming back.”

Lawsuits based on breach of the duty of good faith and fair dealing tend to focus on unfair conduct that is not expressly referenced in a particular agreement. This is in contrast to a breach of contract action, where violations of specific agreement provisions are alleged. Therefore, a good faith violation tends to act as a gap-filler cause of action in situations where a party’s conduct is damaging but may not constitute a classic breach of contract.

In essence, good faith behavior is a mutual understanding of basic fairness between business entities in their dealings.

Here’s how we made our selections:

Recently, PricewaterhouseCoopers released a comprehensive report on the cities representing the best opportunities in the world market. Cities were rated on four metrics: 1) intellectual capital and innovation, 2) technology readiness, 3) transportation and infrastructure, and 4) health, safety and security.

In order to reveal which markets represented the best opportunities for lawyers, we cross-referenced the rankings against attorney job openings currently available. Once we were done, we had eleven cities that combine great living experiences, business growth, and strong legal job opportunities.

There you have it, lawyers — eleven cities that combine world-class comforts with unmatched practice opportunities. If you’re just starting out, or if you’re looking to make a big lateral move into a new market, these cities should be at the top of your list. The adventurous will no doubt enjoy many extraordinary experiences in these locations.

Before you make the move, don’t forget to find out what it would take for you to practice law in these markets. Will your degree be enough? Which exams do you need to pass? For example, in the U.S., one route a foreign-trained attorney may take would be to earn an LL.M. in U.S. law and then pass the bar in the state they wish to practice law.

Regardless of the route you decide to take, these cities have the potential to take you and your career to new heights.

• U.S. Legal Writing
• Fundamentals of U.S. Law including:
• Civil Procedure
• Contracts
• U.S. Legal System
• Business Associations
• Some programs include specialized areas such as Intellectual Property or Comparative Legal Systems

The Washington University School of Law LL.M. in U.S. Law program covers many of these topics. For a full list of courses and descriptions visit the @WashULaw course description page.

When Do Lawyers Pursue a Master of Laws in U.S. Law?

Lawyers often choose to pursue a Master of Laws in U.S. Law immediately after completing their LL.B. The lawyers that select this path often do so because they intend to pursue employment at a U.S. firm or a firm that focuses its practice on international law or business.

Other lawyers choose to pursue an LL.M. in U.S. Law after spending some time practicing law in their home country. In these instances, a Masters of Laws in U.S. Law is often a career stepping stone, propelling the lawyer to a higher position within his or her firm or allowing the lawyer to pursue employment in a new firm.

Master of Laws in U.S. Law Programs

Typically, an LL.M. in U.S. Law is a one-year, full-time program completed on site at the law school. Lawyers typically complete 22 to 26 units of work over the course of a 9 or 12 months. While most U.S. Law LL.M.s are completed in the traditional, on-site format, a number of law schools are now offering LL.M. in U.S. Law programs part-time and on site, and in an online format. Online programs provide the flexibility many international lawyers need to complete an LL.M. while continuing to work and live in their home country. The @WashULaw program is available online as a full-time or part-time course of study. For detailed schedule information, visit the Course Schedules page.

Regardless of type of program (full time, part time or online) and when it is completed in an lawyer’s career, an LL.M. in U.S. Law from an ABA-accredited law school will allow an internationally trained lawyer to expand their knowledge, enable opportunities for growth and may create the potential to sit for a number of U.S. bar exams, including in New York and California.

A graduate school expects a high standard of intelligence, diligence and professionalism from applicants. Those that don’t demonstrate the necessary qualities will miss out on programs that otherwise would have accepted them. Use the tips in this post to ensure that you are remembered by admissions counselors for your credentials, skills and personality, and not careless errors.

General Application Mistakes:

• Copying responses from one school’s application to another and ignoring critical prompts or instructions, or worse yet, leaving in a reference to another school.
• Showing a lack of perspective about negatives (e.g., failed classes, no participation in extracurricular activities). Be honest and address problems in a mature manner.
• Bragging (put your best foot forward, but be humble).
• Not taking time to think about, and clearly articulate, why you want to attend a particular program, and what your ultimate goals are.

Common Essay Mistakes:

• Jamming your personal statement with big words and complex phrasing instead of writing clearly.
• Summarizing your résumé instead of sharing your personality and career objectives.
• Generalizing instead of highlighting meaningful specifics.
• Writing about sensitive or controversial issues instead of focusing on topics with a broader appeal.
• Making careless grammar and spelling errors (more on this below).

Proofreading Tips
Careless errors and typos are the quickest way to earn a negative mark from admissions officials. If your application package contains even a single grammatical error, it could harm your chance of admission. Errors like these make it seem as though you don’t pay attention to detail, or didn’t take the application process seriously, and both perceptions must be avoided at all costs.

The best way to avoid errors in your application is to take a break after completing each section, and review your responses and information out loud, slowly, in a quiet room. Don’t rush, and read what you have written with a critical eye. Be sure to proofread your essay for proper English use and adhere to the required essay length.

If there is one error you cannot make, it is to misspell the name of the school. Reference the school website and application materials for spelling, and also pay attention to things like whether the school calls itself the “University of ____” or “_____ University.”

If you only get one thing right, let it be the school name.

For more information on the @WashULaw application process, please click here.

To help you better understand the main benefits behind earning an LL.M., we’ve outlined a few of the top reasons below:

Reason 1: Focus in a Specific Area of Law
While pursuing a J.D. or LL.B., students are given the opportunity to explore the practice of law as a whole. The curriculum for a first degree in law is broad and includes exposure to many substantive areas. It can be challenging, or impossible, to develop a specialty in any particular area. Once a student has earned an LL.B. or J.D., an LL.M. provides them with the unique opportunity to study a specific area of law or legal system including Taxation, Intellectual Property and Environmental Law (among others). This will allow them to begin to build expertise in a specific area.

Reason 2: Gain Knowledge of Legal Systems in Other Countries
Understanding other legal systems can be a valuable asset for a lawyer looking to practice law in another country or across international borders. As a result, there are a number of LL.M. programs that are dedicated to exposing lawyers to other legal systems. For example:

• An LL.M. in U.S. Law allows lawyers who were trained outside the U.S. to obtain in depth knowledge of the U.S. legal system.
• An LL.M. in International Law allows U.S. lawyers to gain knowledge and exposure to the body of law that governs nations and entities from different countries interacting with each other.

Using the knowledge they gain in their LL.M. program, lawyers are able to develop exciting and challenging careers across international borders.

Reason 3: Sit for a U.S. Bar Exam
Some states in the U.S. allow lawyers trained in other countries to take their bar exam after earning an LL.M. As a result, an LL.M. is a wonderful opportunity for foreign-trained lawyers to pursue a career in the U.S. Because lawyer licensing is handled on a state-by-state basis, foreign-trained, or international lawyers, who are interested in practicing law in the U.S. should carefully research the LL.M. program they are interested in and contact the state licensing agency to determine whether or not it will qualify them to take the bar exam in their desired state.

Reason 4: Transition into a New Practice Area
Many lawyers decide to pursue an LL.M. in an attempt to transition from one practice area to another. Without experience, many lawyers find it extremely difficult to move from one field to another, as jobs in the increasingly tight legal market often demand years of experience for a lawyer to be considered for an open position.

An LL.M. however, can often serve as a substitute for some experience requirements. For example, a lawyer who initially practiced personal injury law out of school but would like to travel more and work for an international law firm may find that an LL.M. in International Law will provide the education he needs to make the jump to a new firm.

Reason 5: Conduct Research and Get Published
LL.M. programs offer a unique opportunity for academically minded lawyers who wish to pursue legal research and publication. Many LL.M. programs require thesis projects or provide the support for interested lawyers to conduct in-depth research in nuanced areas of law. This support can be a great starting point for a career in legal academia.

Regardless of why they are pursued, LL.M.s can open doors and create new opportunities for professional success. We encourage you to keep researching and select the LL.M. program that helps you meet your goals. For more information on the LL.M. programs offered at Washington University School of Law visit our LL.M. and Graduate Programs page.

Legal English is recognized as the predominant language used around the world for conducting legal business matters. This legal language comprises unique terminology and words and phrases from the American common law system. This makes learning Legal English a daunting task for lawyers from countries where English is not the primary language. A firm understanding of Legal English is an essential skill for any student studying U.S. Law and for conducting legal transactions and business negotiations around the world.

“Our aim is to offer a rigorous standalone course that will help foreign legal practitioners develop the English legal skills they need to take the next step in their career,” said Peter Cramer, assistant dean for graduate programs at Washington University School of Law. “Whether they plan to pursue an LL.M. in U.S. law or simply want to work more effectively with clients and colleagues who conduct business internationally, this course will enhance their ability to communicate and understand the world’s primary language of law.”

The new eight-week online course is available to existing or prospective law school students and for legal professionals anywhere in the world who want to enhance their knowledge of Legal English.

The course builds upon Washington University School of Law’s recently launched online LL.M. in U.S. Law for foreign lawyers, known as @WashULaw. Taught by Washington University faculty, the new online Legal English course offers students considering an LL.M. in U.S. law, a strong foundation for that degree.

The course will utilize the law school’s innovative video-conferencing technology platform in which students and faculty meet and interact for live classes on a weekly basis. Legal English students will also learn through high-quality video and self-paced content designed by the law school faculty.

The online Legal English course is developed by Peter K. Cramer, Ph.D., MA.TESOL and LL.M., an internationally-renowned specialist in Legal English, who has taught at several universities around the United States. Dr. Cramer has expertise and training in common and civil law systems, as well as in teaching English as a second language.

In the new course, students will develop critical skills, such as legal note-taking, reading and briefing of cases, while also practicing and improving their reading, writing, speaking and listening skills. The course will also cover common law legal analysis to help students understand how U.S. lawyers think and communicate.

For more information, visit http://onlinelaw.wustl.edu/academics/legal-english, email legalenglish@onlinelaw.wustl.edu or call 1-877-927-4859.

About Washington University School of Law
Washington University School of Law offers students an outstanding legal education in an intellectually challenging and collegial environment. With faculty members recognized for excellent teaching and scholarship, a student body among the most selective in the country, and an increasingly global and diverse community, the school strives to prepare graduates for the quickly evolving legal and business environment. @WashULaw and online Legal English are examples of the school’s efforts to innovate using technology and new teaching methods, as the school pursues its mission to be the best place in the United States to learn to be a lawyer.

###

Media Contacts:
Washington University School of Law
Jessica Martin, Law School News Director
jessica_martin@wustl.edu
(314) 935-5251

2U, Inc.
Shirley Chow, Public Relations Manager
schow@2U.com
(858) 336-0358

An “indictment” is a formal accusation that a person has committed a crime. After issuance of the indictment, that person is “indicted.” While “indictment” is a noun, the word can be used in related forms (e.g., verb, adjective), as demonstrated in the following example passages:

• “I’ve just gotten off the phone with the district attorney. You’re going to get a major indictment on your desk later today regarding the obstruction of justice accusations against the company that investigators have been contacting the board about. I’m on my way over to explain.”
• “No, I never received the appointment to serve as Secretary of the Treasury. During confirmation hearings; I was indicted, and although I was later cleared of the charges, my public service career essentially ended that day.”
• “The tax filings were never sent in to the IRS? Don’t worry; we still have time to seek an extension before the deadline. The company won’t be indicted any time soon.”

Indictments are expressly referenced in the U.S. Constitution, specifically, the Fifth Amendment, which states that, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury …” Indictments are issued by grand juries, which are groups of civilians that have the power to investigate crimes and recommend prosecution through indictments. While all states have laws regarding use of grand juries, only about half actually make use of them.

Be careful not to confuse a grand jury with a jury at a trial, otherwise known simply as “a jury.” Grand juries operate before trial, and issue the document that begins the criminal litigation process. Juries at trial, on the other hand, make ultimate decisions on matters of fact and guilt that conclude the main phase of a trial.

The actual indictment document is fairly straightforward. It contains basic statements about the facts surrounding an alleged crime. Indictment procedures are generally reserved for serious crimes, and some jurisdictions employ a distinction between major crimes / indictable offenses, and lesser crimes / summary offenses. In the U.S., however, many jurisdictions maintain the more traditional practice of calling major crimes, “felonies,” and lesser crimes, “misdemeanors.”

Today’s phrase, “ex parte,” is a Latin term that literally means “from one party.” Judicial proceedings regarding a pending litigation are said to be ex parte when one of the principal parties to the litigation is absent from the proceedings. Rulings and orders made and issued in such circumstances are also referred to as ex parte.

“Ex parte” is an adjective, as demonstrated by the following example sentences:

• “As set forth in our emergency pleadings, Your Honor, the injunctive relief we seek would be rendered moot if we gave the generally required amount of notice in this case. Accordingly, because of these special circumstances, we are seeking a temporary injunction via an ex parte order that we hope will be entered today.”
• “I’m in fear for my life, Your Honor. This ex parte restraining order preventing the defendant from coming within 50 feet of me will offer me some small sense of protection.”
• “It was an ex parte hearing. Until I can get a copy of the transcript, I’m in the dark as to what was said and what the judge’s reasoning was for entering that order.”

Ex parte relief is typically granted in cases where following the traditional requirement that affected parties be given notice and an opportunity to appear would cause some kind of irreparable harm or would render appropriate relief impossible. And because ex parte relief runs counter to principles of due process that are central to American jurisprudence, those who seek it must offer a significantly meaningful and credible showing in order to prevail.

An example of a case in which a party might seek ex parte relief is one in which a public building of historic importance is scheduled to be demolished in a day, and a petitioner believes that there are laws that prevent such demolition. Because the case would be moot if a temporary injunction were not granted immediately, ex parte relief may be sought to prevent demolition while the matter is litigated.

In addition, please note that, because the phrase, “ex parte” is a direct foreign language borrowing, it is appropriate to present it in italics. ]]> http://onlinelaw.wustl.edu/legal-english-ex-parte/feed/ 0 http://onlinelaw.wustl.edu/top-legal-books-every-lawyer-should-read/ http://onlinelaw.wustl.edu/top-legal-books-every-lawyer-should-read/#comments Mon, 08 Apr 2013 06:00:14 +0000 Chelsea Wilson http://onlinelaw.wustl.edu/?p=1553 Books have the power to teach us new things about life and the world and the ability to transform the way we act. As lawyers, continuing to learn, improving your skills and staying engaged are a large part of developing a successful legal career. Books can play an important part in your professional development. The next time that you need something new to read, we encourage you to consider picking up a book that will give you a new perspective on the practice or business of law. Here are some suggestions:

Preparation
Preparation is the key to a successful graduate school application. As a result, doing your research on the programs you are applying to and compiling the information in an easily accessible manner is the first step in requesting recommendation letters.

After looking at the individual school’s requirements, you may want to consider providing each of your recommenders with the following information:

• Cover letter
• Highlight your academic life and successes
• Provide details relating to the information you would like the writer to address in her/his letter
• Resume
• Transcript(s)
• Personal statement or statement of purpose
• Organized copies of any forms the recommender will have to complete along with their letter

Whom to Ask
If you are given the option to submit both academic and professional references, you may want to submit one of each. Doing so will allow your recommenders to write about your different skills and create letters that can complement each other rather than repeat information. The @WashULaw program allows both professional and academic recommendations.

Time Frame
Many graduate programs make admissions decisions on a rolling basis and as a result, you want to submit your completed application as soon as possible.

Considering the professional and personal obligations of your recommenders, requesting that they complete a letter in three weeks is reasonable. Anything shorter than that will put your recommender on a tight deadline, which may result in a poorly written recommendation letter.

Approaching a Professor
While it may feel awkward to approach a professor and ask for a recommendation, we encourage you to make the request in person if you live in the same area. It is often best to send your professors an email to set up a meeting to discuss your academic future and plans for graduate school. During this meeting you can ask for their recommendation and provide them with the information you previously prepared regarding the letters you need. Don’t worry, most professors are eager to see their students succeed and move on to graduate school and will be happy to write your letter. You just need to make it as simple as possible for them since good recommendation letters take time to write.

Approaching a Boss, Mentor or Supervisor
If professional references are also requested, you may want to approach your boss, mentor or supervisor for a letter of recommendation. With these individuals, setting up a meeting is also often the best way to broach the topic. If your recommender is a current employer or supervisor, you will want to be sensitive to how your graduate school plans will affect your employment. If you plan to remain at your current employment after obtaining a graduate degree, make sure to stress that to your supervisor or mentor. You may wish to highlight ways your additional training will further the goals of the organization.

Follow-up
Providing a friendly reminder email a week or so before the deadline you discussed with your recommender is appropriate and often helpful. If your recommender fails to get the letter to your schools by the deadline, another friendly email or phone call would be appropriate. Just keep in mind that your recommenders are doing you a favor, so be kind and polite.

After your recommender sends the letters, send them a nice thank you card. Recognize the work they put in on your behalf.

Conclusion
With a little advance planning and the right approach, you can easily get stellar recommendation letters from your professors or employers. Remember, recommendation letters, no matter the reason, can go a long way in helping you achieve your goals. Let your application shine.