Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Writing and Research

Articles

Series

Legal skills

Articles 1 - 8 of 8

Full-Text Articles in Law

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra Oct 2020

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra

Articles

No abstract provided.


Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker Jan 2019

Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker

Articles

Every fall, I work with my first year law students to begin developing their legal writing skills. They work hard learning how to analyze cases objectively, predict how a court might resolve a dispute, and convey their assessments to an experienced attorney. Their improvement from September to December is noticeable. They have only one semester of law school behind them and still have much to learn, but they’re on their way…In the second semester, we begin focusing on advocacy. The first assignment asks students to draft a pretrial brief. When I review the drafts, I’m struck by how many problems …


Govern Yourself Accordingly- Crafting Effective Demand Letters, Jason G. Dykstra Nov 2017

Govern Yourself Accordingly- Crafting Effective Demand Letters, Jason G. Dykstra

Articles

An effective demand letter can expediently resolve a dispute without litigation. But a poorly conceived demand letter can accelerate a dispute toward litigation and even generate negative publicity. Like all correspondence, demand letters need to be tailored in tone and content for varied audience, both the intended recipient and other foreseeable recipients. Beyond the intended recipient, the audience for a demand letter could encompass insurance adjusters, in-house counsel, and perhaps even the public via social media or press coverage. Therefore, an effective demand letter should not only be polite but firm, but also tell a persuasive story that evokes incredulity …


Enhancing The Effectiveness Of Your Legal Writing, Jason G. Dykstra Nov 2016

Enhancing The Effectiveness Of Your Legal Writing, Jason G. Dykstra

Articles

This article focuses on areas where busy practitioners can aspire for plain English and not only improve their writing but possibly avoid a few pitfalls. As Justice Brandeis once remarked, "There is no such thing as good writing. There is only good rewriting" So here are three areas to focus on as you rewrite: minimizing initialisms, acronyms, and defined terms; losing legal jargon and cutting clutter; and balancing legal terms and precision.


Bridging The Gap: Transitioning Law School Legal Writing Skills To Practicing Law, Jason G. Dykstra Sep 2016

Bridging The Gap: Transitioning Law School Legal Writing Skills To Practicing Law, Jason G. Dykstra

Articles

No abstract provided.


Good Old-Fashioned Editing, Jason G. Dykstra Jan 2016

Good Old-Fashioned Editing, Jason G. Dykstra

Articles

While not perfect, the spelling and grammar review features of word processing software can prove good editing tools. Similarly, find and replace features can help ferret out any lurking malapropisms. These searches can avert the potential embarrassment of quoting a "statue" in the Idaho Code in a brief filed in "Canon County' However, electronic editing does not supplant the good old-fashioned printing-a-fresh-draft- and-reading-keenly style of editing. This article focuses on a few tips to optimize the effectiveness of editing text in print.


To Verb Or Not To Verb, Jason G. Dykstra Mar 2013

To Verb Or Not To Verb, Jason G. Dykstra

Articles

No abstract provided.


Teaching Legal History Through Legal Skills, Howard Bromberg Jan 2013

Teaching Legal History Through Legal Skills, Howard Bromberg

Articles

I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical s.kills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without detracting from other approaches, I frame this innovation as teaching legal history not to budding historians but to budding lawyers.