Tcl - Beholder Reflections - Part Iii - September 2006 - the Scrivener: Modern Legal Writing
| Publication year | 2006 |
| Pages | 99 |
2006, September, Pg. 99. TCL - Beholder Reflections - Part III - September 2006 - The Scrivener: Modern Legal Writing
September 2006
Vol. 35, No. 9 [Page 99]
K.K. DuVivier is an Assistant Professor and Director of the Lawyering Process Program at the University of Denver Sturm College of Law.
DO YOU HAVE QUESTIONS ABOUT LEGAL WRITING?
K.K. DuVivier will be happy to address them through the Scrivener column. Send your questions to: kkduvivier@ law.du.edu or call her at (303) 871-6281.
This is the final column in a series addressing reader expectations for objective legal writing. In the January 2006 Scrivener,(fn1) I posted three samples of objective legal writing and asked readers to give me feedback through an online survey about which they preferred and why. The May and July columns(fn2) provided analysis of reader responses to introductory and rule explanation paragraphs. This column reports on reader reactions as to what many lawyers would argue is the most important part of a legal analysis: application of the legal rule to a client's facts.
Survey Sample 3: Application of Legal Tests to Client Facts
Sample 3A
Travers was unsupervised and in charge at Western. The Porter employee acted in a supervised manner by performing ministerial filing and promotional tasks, and the Atmel employee was supervised by three levels of management. In contrast, Travers was frequently unsupervised when Western's CEO was out of the office. Furthermore, neither the Porter nor the Atmel employee supervised or managed other personnel, whereas Travers supervised all of the raft guides. She also was in charge when monitoring corporate clients raft trips from the head raft and during the CEO's absence.
Travers was in charge, suggesting that she fits within the executive and management personnel exception of § 113(2)(d). Accordingly, the non-competition covenant may be valid.
Sample 3B
In contrast with Albright (and like Higgins and Jenkins), Travers's guiding and marketing responsibilities were supervised, and her work product was monitored. Harrison, 577 P.2d at 304; Porter, 680 P.2d at 1342; Atmel, 30 P.3d at 794. Travers had creative latitude with regard to designing the Western website, DVD, brochure, and guide trips...
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