Law Commons^™

Comma Abuse: A Comma Can Cause Trouble By Its Absence, Its Presence, Its Incorrect Placement, Jackie Slotkin

Jacquelyn H. Slotkin

No abstract provided.

“Clear Beyond The Peradventure Of A Doubt,” Or, Plain English, Curtis E.A. Karnow

Curtis E.A. Karnow

The article urges judges and lawyers to write briefs and opinions in plain English. This outreach from the legal world to the public is important. As the public understands what courts do, the public will be increasingly supportive of the courts, more likely to comply with courts directives, and more likely to engage in meaningful debate concerning the justice system. In this sense, writing in plain English is a civic duty.

Amicus Briefs: Friends Of Lawyering Skills Pedagogy, Adam Lamparello, Charles Maclean

Adam Lamparello

No abstract provided.

Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello

Adam Lamparello

Law schools have an ethical duty to train effective legal writers who understand that the skills acquired in law school are intended to serve something greater than themselves — the bench, bar, and broader community. Training good writers — and good people — can happen by creating a writing curriculum that focuses on persuasive advocacy, public service, and honest legal representation from the first semester to the last. This change will be a challenge to legal writing professors everywhere, but with proper institutional support and collaboration, law schools can prepare their students for a profession “that depends on flawless writing, …

Requiring Three Years Of Real-World Legal Writing Instruction: Law Students Need It; Prospective Employers Want It; The Future Of The Legal Profession Demands It, Adam Lamparello, Charles Maclean

Adam Lamparello

Part I of this three-part series set forth a blueprint for change. In this essay, we get more specific and propose a three-year legal writing curriculum that is designed to mirror the actual practice of law, from start to finish, and provide alternative paths for students who prefer to focus on transactional drafting or alternative dispute resolution. In so doing, we include: (1) required courses for each of the six semesters of law school; (2) a discussion of the practical skills that students will acquire in each course; (3) electives that students may take to complement their required courses; and …

Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd

Adam Lamparello

Show, Don’t Tell is designed to help all members of the legal profession learn to effectively draft the most common litigation documents. Far too many books offer tips and advice about good writing, but don’t actually show the reader specific examples of good writing or show the reader why examples offered are effective. The authors have read many books on legal writing, but once we learned the basics of legal writing, we didn’t learn anything in those books to make us better writers. Why? We were exposed to the best theories, but never given practical, how-to tips to turn book …

Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean

Adam Lamparello

So, why didn’t they teach me this in law school?” The problem has nothing to do with ‘bad’ or uncaring teachers, but with a pedagogical approach that mistakenly divorces the acquisition of legal knowledge—and practical skills training—from their functional roles in the real world. In law school, students are typically required to write a memorandum or an appellate brief, but without knowing how each document fits into the broader context of actual law practice, the student’s ability to put that knowledge to practical use is limited. Every litigation document, whether it is, for example, a legal memorandum, complaint, motion to …

No Shoehorn Required: How A Required, Three-Year, Persuasion-Based Legal Writing Program Easily Fits Within The Broader Law School Curriculum, Adam Lamparello, Charles Maclean

Adam Lamparello

In prior articles, we advocated for a required fifteen-credit, three-year, persuasion-based, linear legal writing curriculum. Our model begins with persuasive advocacy from the first day of law school, and takes a sequential approach that mirrors the practice of law — from the initial client meeting to the appellate brief.

It includes a separate track for those interested in transactional work, incorporates alternative dispute resolution and settlement simulations, and involves students in researching and drafting amicus briefs before federal appellate courts. Students are also offered several electives each semester to complement their required course load, and receive intense training in narrative …

Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Elizabeth Shaver

Elizabeth Shaver

This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …

Writing Essay Exams To Succeed In Law School (Not Just To Survive), John Dernbach

John C. Dernbach

No abstract provided.

Training Great Writers, Not Just Legal Writers, Adam Lamparello, Charles Maclean

Adam Lamparello

No abstract provided.

Motions In Motions: Teaching Advanced Legal Writing Through Collaboration, Sarah J. Morath, Elizabeth Shaver, Richard Strong

Sarah J Morath

Legal education is at a crossroads. Practitioners, academics, and students agree that more experiential learning opportunities are needed in law school. In 2007, the Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), called for law schools to provide apprentice experiences to better prepare prospective attorneys for the world of practice. That same year, the Best Practices in Legal Education advocated for “experiential education” and “encourage[d] law school[s] to expand its use.” More recently, in August 2011, the American Bar Association adopted a resolution sponsored by the New York Bar Association summoning law schools to “focus …

The Joy Of Collaboration: Reflections On Teaching With Others, Sarah J. Morath, Elizabeth A. Shaver, Richard Strong

Sarah J Morath

Three legal writing professors who have worked collaboratively for several years describe why their experience collaborating with one another worked so well. In particular, this essay outlines the many personal benefits that can be experienced as part of a collaborative process. This essay also describes several benefits that students and law schools can experience. For those interested in collaborating with others, the essay concludes with some useful tips.

A Practical Guide To Legal Writing & Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, Catherine Wasson

John C. Dernbach

No abstract provided.

Tips For Lawyers Writing In A Time Crunch, Anna Hemingway, Jennifer Lear

Anna P. Hemingway

Thinking Outside The Box: Publication Opportunities Beyond The Traditional Law Review, Susan Chesler, Anna Hemingway, Tamara Herrera

Anna P. Hemingway

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.

Understanding The Cycle Of Procrastination, Meehan Rasch

Meehan Rasch

Procrastination is one of the enduring challenges of human existence, as well as one of the chief problems with which law students struggle. Understanding the cycle of procrastination can help law professors and advisors more constructively address students’ issues in this area—not to mention our own.

Revising The California Style Manual, Curtis E.A. Karnow

Curtis E.A. Karnow

The note compares styles of legal writing and citation form, and urges changes to style manuals to enable smoother writing, a minimum of citation, and plain English.

How Students’ Gratitude For Feedback Can Identify The Right Attitude For Success: Disciplined Optimism, Anna Hemingway

Anna P. Hemingway

When You're The Editor: Editing The Writing Of Other Lawyers Uses Skills Similar To Those Applied In Editing Your Own Writing But Also Requires 'Additional Roles', Anna Hemingway, Jennifer Lear

Anna P. Hemingway

Making Effective Use Of Practitioners' Briefs In The Law School Curriculum, Anna Hemingway

Anna P. Hemingway

A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruhtenberg, Catherine Wasson

John C. Dernbach

No abstract provided.

Opinion Writing And Opinion Readers, Meehan Rasch

Meehan Rasch

The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …

Writing Essay Exams To Succeed In Law School (Not Just To Survive), John Dernbach

John C. Dernbach

No abstract provided.

A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton, Cathleen Wharton, Joan Ruthenberg, Catherine Wasson

John C. Dernbach

No abstract provided.

A Practical Guide To Legal Writing And Legal Method, John Dernbach, Richard Singleton

John C. Dernbach

No abstract provided.