Law Commons^™

Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver

Akron Law Faculty Publications

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 …

They Know Their Colors: Using Color-Coded Comments To Facilitate Revisions, Sarah J. Morath

Akron Law Faculty Publications

Many 1L students do not understand that written comments have different purposes and varying degrees of importance. In addition, students often do not fully appreciate the importance of editing in stages. Color-coding comments is one way to help students both distinguish between different comments and incorporate comments during the revision process.

Color-coded comments are particularly useful early in the semester when students are revising drafts. Color-coded comments allow students to identify the “type” of comment (e.g. organizational vs. grammatical) before reading the substance of the comment, allowing for better comprehension of the comment. In addition, color coded comments can help …

Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards

Scholarly Works

In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …

In The Mind's Eye: Visual Lessons For Law Students, Brian A. Glassman

Law Faculty Articles and Essays

This article shows how to use works of art to demonstrate essential components of effective legal writing. Part I discusses the learning theory under pinning the use of visual lessons. Part II describes the lessons themselves. Part III explains the benefits--both direct and indirect--that result from using visual lessons to teach law and summarizes student responses to the use of these lessons in first-year legal writing. The conclusion suggests ways in which this technique might be extended and adapted to teach not only legal writing but also other law school courses.

Helping International Students Avoid The Plagiarism Minefield: Suggestions From A Second Language Teacher And Writer, Diane B. Kraft

Law Faculty Popular Media

In this column for Perspectives: Teaching and Writing, Professor Diane B. Kraft provides suggestions to address the problem of plagiarism by international law students.

Citations: Suggestions For Citing Authority Without Distracting The Reader, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood makes four suggestions to "un-clutter" legal writing. Practitioners are encouraged to: (1) limit string citations; (2) keep citations at the end of the sentence; (3) use explanatory parentheticals to explain the significance of citations, but not to replace text; and (4) avoid unnecessary repetition.

Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …

George Orwell's Classic Essay On Writing: The Best Style Handbook For Lawyers And Judges, Douglas E. Abrams

Faculty Publications

As Orwell's title intimates, the essay included criticism of political writing done by government officials and private observers. The essay's staying power, however, transcends the political arena. By calling on writers of all persuasions to "simplify your English," Orwell helped trigger the plain English movement, which still influences legislators, courts, administrative agencies, and law school legal writing classes.

This article proceeds in two parts. First I describe how judges, when they challenge colleagues or advocates in particular cases, still quote from Orwell's plea for clear expression and careful reasoning. Then I present Orwell's diagnosis of maladies that plagued contemporary prose, …

The Dominance Of Teams In The Production Of Legal Knowledge, Christopher A. Cotropia

Law Faculty Publications

While collaboration is familiar to some legal researchers, the field, for the most part, does not seem to implicate the large-scale complexity and cost that has become associated with big science. These logistical differences, combined with a very strong cultural preference in legal academic circles for solitary work, could potentially keep team research from dominating the production of legal knowledge to the same extent that it has come to dominate the production of knowledge in other areas. On the other hand, the dominance of team research outputs and a shift towards team research has been observed in social sciences and …

Taking Images Seriously, Elizabeth G. Porter

Articles

Law has been trapped in a stylistic straitjacket. The Internet has revolutionized media and communications, replacing text with a dizzying array of multimedia graphics and images. Facebook hosts 150 billion photos. Courts spend millions on trial technology. But those innovations have barely trickled into the black-and-white world of written law. Legal treatises continue to evoke Blackstone and Kent; most legal casebooks are facsimiles of Langdell’s; and legal journals resemble the Harvard Law Review circa 1887. None of these influential forms of disseminating the law has embraced — or even nodded to — modern, image-saturated communication norms. Litigants, scholars and courts …

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Lee Keene

Faculty Scholarship

Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening law students’ and new attorneys’ knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close …

Beyond Contrastive Rhetoric: Helping International Lawyers Use Cohesive Devices In U.S. Legal Writing, Elizabeth R. Baldwin

Articles

This Article attempts to use linguistics, specifically text analysis and pragmatics, to help explain how and why lawyers who are non-native speakers of English (NNS) struggle with cohesion in their U.S. legal writing. Then in light of that discussion, it offers a four-step, receptive and productive exercise to engage students in contrastive analysis of cohesive features across languages and cultures.

It begins by distinguishing coherence (top-down flow related to rhetorical preferences and organization of content and argument) from cohesion (bottom-up flow related to the surface features that exhibit connections between clauses). As background, it explores the role of cohesion in …

Converting Benchslaps To Backslaps: Instilling Professional Accountability In New Legal Writers By Teaching And Reinforcing Context, Heidi K. Brown

Articles & Chapters

A search in published and unpublished court decisions for derivations of phrases like "poorly written brief" or "failure to follow court rules" yields an alarming multitude of case opinions in which judges admonish lawyers of all levels of experience for shoddy briefs or for flouting non-negotiable substantive and procedural rules. Legal bloggers have affectionately dubbed these public reprimands "benchslaps."

Section I of this article provides a contextual background that professors and practitioners can share with rookie legal writers, using judicial opinions to demonstrate the eight most-common ways that attorney work product falls short of judges' expectations and, more importantly, how …