USER GUIDE (page 20)

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The trick lies in turning off that ‘ruthless scepticism, the fear that an idea is foolish, the pragmatic sense of the realistic’,⁷⁹ while thinking up solutions and ‘then to turn them back on once you have assembled a full range of solutions and are ready to start evaluating them’.⁸⁰

The Inspector works mainly on Step 10 (Review) but may also play a role in sorting relevant facts from irrelevant facts (Step 2), evaluating sources (Step 5), and evaluating arguments (Step 9). In this toolkit, a check box represents The Inspector’s mindset.

3. The Architect

Between The Artist and The Inspector come ‘The Architect’ and ‘The Carpenter’. The Architect will read The Artist’s jottings and choose the most relevant or interesting ones and put them in a pattern.

The Architect works on Step 2 when he sorts the legally relevant facts from the legally irrelevant facts; Step 3 when he frames the legal questions; Step 6 when he sorts the law into its elements and ingredients; and Step 7 when he applies the law to the facts to identify issues. In this toolkit, a pencil represents The Architect’s mindset.

4. The Carpenter

After ‘The Architect’ comes ‘The Carpenter’, who starts building the draft:

‘The carpenter nails … ideas together in a logical sequence, making sure each sentence is clearly written, contributes to the argument of the paragraph, and leads logically and gracefully to the next sentence.’⁸¹

The Carpenter works on the first part of Step 10 (Writing well). Then The Inspector comes around. In this toolkit, a hammer and spanner represent The Carpenter’s mindset.

VIII. WORKSHEETS

Use our optional worksheets to help you to achieve outcomes for each Step

We have supplied 10 optional worksheets to help you to record outcomes for each Step. You can download these worksheets free from www.win-more-cases.com/samples-and-updates.htm. You may change these worksheets to suit your ideas and situation, but keep the links to www.win-more-cases.com.

⁷⁹Richard K Neumann, Legal Reasoning and Legal Writing: Structure, Style, and Strategy (5th ed, 2005) 304.

⁸⁰Richard K Neumann, Legal Reasoning and Legal Writing: Structure, Style, and Strategy (5th ed, 2005) 304. See also Tom Goldstein and Jethro K Lieberman, The Lawyer’s Guide to Writing Well (2002) 44 (quoting Friedrich von Schiller).

⁸¹Betty S Flowers, ‘Madman, Architect, Carpenter, Judge: Roles and the Writing Process’ (1979) 44 Proceedings of the Conference of College Teachers in English 7.