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Teaching Legal Writing:Context, Curriculum, and
Community
Jan BakerElizabeth Dalzell
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Teaching Through Context Our students need to learn skills in
context.
True context requires the successful integration of essential research, analytical, and writing skills.
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Why Teach in Context?• To help our students develop research
strategies based on particular cases.
• To help our students become comfortable with case/file management in a law firm setting.
• To help our students develop empathy.
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We Want Our Students to Be Job-Ready
“Ladies and Gentlemen,
this is your pilot. I’venever actually flown
aplane, but don’t
worry.I’ve read all themanuals, and I have
agreat flight theory.”
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How Do We Incorporate Context? Integrated LRW
Simulations
Case files, client assignments, time sheets
Professionalism
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Teaching Through Curriculum
We need to move beyond the first year to make legal research and legal writing mainstays throughout each student’s law school experience.
Thanks to the ABA and Bar surveys, many law schools are now focusing on advanced skills in the upper level law school curriculum.
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Introductory LRW Curriculum
-Legal Research
-Nature of Legal Authorities
-Legal Analysis
-Analytical Writing
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-Advanced Appellate Advocacy -Legal Drafting
-Advanced Persuasive Writing/Rhetoric -Complex Memo Writing
-Advanced Legal Research -Scholarly Legal Writing
-Legal Correspondence Writing -Judicial Opinion Writing
-Legal Drafting -Integrated Courses
-Writing Across the Curriculum
Upper Level LRW Curriculum Options
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Teaching Through Community
Students need to understand how LRW skills will benefit them in the legal community.
We should prepare them for their roles in front of various audiences:• Clients• Partners• Other Lawyers• Paralegals• Judges
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What does the Legal CommunityExpect from New Law Grads?
Legal research and writing skills• Be able to find the price of mayonnaise if
necessary.
Flexibility• Adapt to team work and to partner’s
preferences.
Portions adapted from Sheila F. Miller, Victoria L. VanZandt & Susan C. Wawrose, University of Dayton School of Law.
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New Law Grad Skills (cont’d)
Professionalism• Keep piercings and sleeping habits/habitats to
yourself.• OMG! (That’s not appropriate.)
Issue spotting• Critical and evaluative thinking
People skills• Empathy• Don’t be creepy.
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Conclusions We need to teach in context.
We need creative and innovative curriculum.
We need to teach our students the skills they need to be productive and successful members of the legal community.