legal rhetoric syllabus2013 wcl 2013

7/27/2019 Legal Rhetoric Syllabus2013 WCL 2013

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Legal RhetoricHandbook

Washington College of Law

Fall 2013


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Table of ContentsOn line version of this Handbook is available on TWEN Legal Rhetoric Main Page: reading

assignments are hyperlinked.

Syllabus ................................................................................................................................1

Course Requirements and Policies.....................................................................................12

Introduction to Legal Rhetoric........................................................................................... 17

Legal Rhetoric Style Sheet..................................................................................................21

Planning Strategies.............................................................................................................24

The Basic Principles ..........................................................................................................25

Revision Checklist .............................................................................................................28

The Legal Process ..............................................................................................................30

Using CREAC ....................................................................................................................31

Umbrellas ...........................................................................................................................33

Who Teaches the Course?...................................................................................................34

Clumsy Words and Phrases.................................................................................................38


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SyllabusFall 2013

Overview of the Semester

Weeks 1-7: Writing a closed office memorandum: (Client 1).

Students write a mini-memo (which serves as an umbrella for the full memo) and three draftsof the closed memo for Client 1 (final version due Week 7).

Learning Goals: memo format and purpose, basic writing strategies (Basic Principles),knowledge of (but not doing) basic research (statutes and cases), basic citation form, analyzing a

statute, writing legal analysis (CREAC; using strong topic sentences; organizing around topics),

synthesizing rules from cases, professionalism.

Weeks 7-12: Writing an office memorandum: (Client 2).Students research and write three drafts of an office memorandum for Client 2 (final version due

Week 12); they also prepare a basic research plan (due Week 8) and an annotated outline (dueWeek 9) and an advice letter to Client 2 (due Week 13).

Learning Goals: preparing a research plan, researching, preparing an annotated outline, andreinforcing skills from Weeks 1-7.

Weeks 12-13: Introduction to advocacy writing.

Students write one draft of the facts and argument for a Trial Court Memorandum (opposingor supporting a Motion to Dismiss) for Client 1 (due Week 13).

Learning Goals: learning format and purpose of a Trial Court Memorandum, writing strategiesfor persuasive writing (characterizing facts and law, analogizing and distinguishing cases, etc.).

Research Workshops in Weeks 2, 4, and 6.


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Syllabus

Legal Rhetoric Orientation

August 22, 23

Overview of the Legal SystemThe Legal Discourse Community

What Lawyers Write and What Makes It Good Writing

Overview of the Legal Rhetoric CourseUsing the Online Course Materials

Read for Week 1:

Legal Rhetoric Handbook(TWEN Main page);

Evans Sample Memo(TWEN Main page);

Teaching Law:Legal Documents:

LD2: Memorandums of LawLD3: Formal Requirements of a Memo

Writing Process:WP2: Writing Process

WP3: Creating Your Own Effective Writing Process

WP13: Plagiarism and Ethics

Editing and Citation:

EC2: Strategies for Editing Grammar

Teaching Law abbreviations: RS-Research Sources; RSt-Research Strategies; LD-LegalDocuments; LA-Legal Analysis; WP-Writing and Rewriting; EC-Editing and Citation
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Week 1: August 26

In class: Introductions; review of course requirements and policies; using Planning Strategies;

overview of a Legal Memorandum (Office Memo).

DF presentation: Writing Professional Emails; Overview ofBluebook.

Read for Class 2:Reread inLegal Rhetoric Handbook, Basic Principles,Legal Rhetoric Style Sheet,

Using CREAC,andUmbrellas.

Teaching Law:

Legal Documents:LD4: Memos--Headings

LD5: MemosQuestions PresentedLD6: MemosBrief Answer

LD7: MemosStatement of Facts

LD8: MemosDiscussionLD9: Memos--Conclusion

Legal Analysis:

LA2: Legal AnalysisIntroductionLA3: Understanding Legal Rules

LA6: Statutory Language

LA7: Statutory Interpretation


EC4: Active v. Passive VoiceEC22: Nominalizations

EC28: Sentence Fragments

EC30: Short Sentences

EC32: Strong Subject-Verb Combinations

Write for Week 2: Draft of fact section for office memo.
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Research in Week 2: Research Workshop: Statutory Research

Read for Workshop 1:Teaching Law:

Research Sources:RS2: Importance of Legal Research

RS3: Overview of Types of Legal Authority - Primary Law

RS4: Overview of Types of Legal Authority - Secondary Sources

RS6: Overview of Process and StrategyRS9: Federal Congress and Federal Statutes

RS16: State Legislatures and Statutes

RS45: Quick Reference - Statutes

Research Strategies:

RSt6: Primary Law v. Secondary SourcesRSt7: Stare Decisis

RSt8: Binding Law vs. Persuasive Law

RSt44: Quick Reference - Binding vs. Persuasive LawRSt22: How a Bill Becomes a Law

RSt11: Book Research vs. Online Research - Strategies for Book Research

RSt12: Book Research vs. Online Research - Strategies for Online

Research

RSt19: Finding Constitutions and StatutesRSt49: Quick Reference - Finding Statutes

RSt49a: Checklist - Strategies for Researching Statutes

Assignment:

Research Assignment 1 (will be assigned in Workshop 1; due at beginning of regularclass, Week 4).

In library: DF-arranged library tour.

Week 2: September 2 (Labor Day classes will be rescheduled for later in the week.)

In class: Basic Principles and Revision Checklist; the legal system; writing an office

memorandum; structured peer review of fact section; analyzing a statute; introduction toCREAC; umbrella sections.
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DF presentation: Statutory Citation; Active v. Passive; Subject-Verb-Direct Object Order;

Controlling Sentence Length; Five-minute editing quiz.

Read for Class 3:

Bluebook, Rule 10.

Teaching Law:


EC7: ApostrophesEC11: Colons and Semi-Colons

EC12: Commas

Legal Analysis:

LA8: Understanding Common Law

LA9: Case Analysis

Write for Week 3: Mini-Memo (due week 3).

Week 3: September 9

Mini-Memo due at beginning of class; bring two copies (or submit one electronically and

bring one copy for use in classfollow instructors directions).

In class: Discussion and peer review of Mini-Memo; discussion of predictive writing and

research strategies; learning to write rule-based reasoning; synthesizing Rules from cases;relationship of statutory and case law; organizing the Discussion; CREAC structure using cases.

DF presentation: Case Citation I: Rule 10: Case Names; Five-minute editing quiz.

Read for Class 4:

Teaching Law:

Writing Process:

WP8: Managing Your TimeWP9: Overcoming Writers BlockWP15: Rewriting

WP16: RewritingContentWP17: Large-Scale OrganizationWP18: Paragraph Organization and Legal Analysis

WP19: Sentence Structure

WP20: Conciseness
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Write for Week 4 : Expand and revise Mini-Memo into full memo adding cases (and

synthesized Rules) and using full office memorandum format; complete draft due week 4.

Research in Week 4: Workshop 2: Case Research

Read for Workshop 2:Teaching Law:

Research Sources:

RS10: Primary Law Federal Law Federal Courts and Cases

RS11: United States Supreme CourtRS12: Federal Courts of Appeals Circuit Court Map

RS13: Federal District Courts District Court Map

RS17: Primary Law State Law State Courts and CasesRS42: Quick Reference Courts and Cases

Research Strategies:

RSt20: Finding CasesRSt10: Book Research vs. Online Research Topic and Key Number

SearchesRSt25: Updating the Law

RSt45: Quick Reference West Key Number System

RSt51: Quick Reference Finding Cases

RSt46: Quick Reference Updating the LawRSt51a: Checklist Strategies for Researching Cases

Assignment: Research Assignment 2 (will be assigned in Workshop 2; due in regular Rhetoricclass in Week 6).

Week 4: September 16Draft 1 of Memo 1 due at beginning of class.Research Assignment 1 due at beginning of class.

In class: Peer review of drafts using Revision Checklist and self-grading guidelines; discussion

of strengths and weaknesses of drafts; more work on reading and synthesizing cases/rules; focuson Synthesized Rules from cases; umbrella section; CREAC structure; topic sentences.

DF presentation: Case Citation II: Reporters, Date Parentheticals, Court Information; CommonWriting Errors (Legal Rhetoric Style Sheet); Five-minute editing quiz.

Write for Week 5: Second draft of Memo 1 (due in conference Week 5.)

Learning Goals for Memo 1: memo format and purpose, basic writing strategies (BasicPrinciples), knowledge of (but not doing) basic research (statutes and cases), basic citation form,
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na.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/researchSources/Primary%20Resources/CourntsandCases/DistrictCourtMap/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/researchSources/Primary%20Resources/CourntsandCases/CircuitCourtMap/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/researchSources/Primary%20Resources/CourntsandCases/SupremeCourt/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/researchSources/Primary%20Resources/Courts/federalcourts.htm?dvxzvisto=1


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analyzing a statute, writing legal analysis (CREAC; topic sentences; organizing around topics),

synthesizing rules from cases, professionalism.

Sign up for conferences (review preparation for conferences; see Week 5).

Week 5:September 23: No regular classesmandatory conferences.

Individual conferences: prepare for your conference by writing a complete revised second draft

of Memo 1, writing a list of questions (seeUsing Draftsin Course Requirements and Policies

for kinds of questions) for your instructor, and highlighting portions of the draft that you want todiscuss. Follow your professors instructions for submitting these materials. Conferences should

last about twenty minutes. Failure to write and deliver a complete draft or to show up for the

conference will result in the lowering of your grade in the course.

Blackout Period: There is a 24-hour blackout period before your final version of Memo 1 is

due, during which you may not consult with instructors, the DFs, or the Writing Fellows.

Write for Week 6: Third draft of Memo 1 (due at beginning of class Week 7).

Research in Week 6: Workshop 3: Secondary SourcesRead for Workshop 3:

Teaching Law:

Research Sources:RS19: Secondary Sources

RS20: Secondary Sources - Legal EncyclopediasRS21: Secondary Sources - American Law ReportsRS22: Secondary Sources - Hornbooks and Treatises

RS23: Secondary Sources - Law Reviews

RS24: Secondary Sources - Restatements

RS44: Quick Reference Secondary Sources

Assignment: Research Assignment 3 (will be assigned in Workshop 3; due Week 8).

Week 6: September 30:Draft 3 of Memo 1 due at beginning of class; Research Assignment 2 due at beginning ofclass.

DF presentation: Alterations, Omissions, Block Quotations, Context Paragraphs.
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In class: Structured in-class peer review of draftscome to class with specific questions: focus

on umbrella sections, synthesized Rules (R of CREAC), Explanation (E of CREAC) sectionsorganized by topics (rather than by cases) with strong topic sentences, specific analogizing and

distinguishing in Application (A of CREAC) sections; deeper reading of cases.

Write: Final version of Memo 1; due at beginning of Class 7.

Week 7: October 7Final version of Memo 1 due at beginning of class.

In class: Self-evaluation of performance on Memo 1set goals for improvement; meeting withClient 1 to report results and give advice; write in-class email response to client email; Client 2

interview; review of memo format and requirements; CREAC structure.

DF presentation: Signals and Explanatory Parentheticals; Review of Revision Checklist.

Write for Week 8: Basic Research Plan and preliminary results that must include any

statute(s) and at least two case briefs (due in writing in class week 8).

Draft of Fact Section for Memo 2.

Read for Class 8:

Teaching Law:

Writing Process:WP12: Organizing Before You Write

DF Workshop on Research offered this week (DF will announce time and place).

Research Plan (Week 8):

Read for Research Plan:

Teaching Law:

Research Strategies:RSt42: Checklist Initial Research

RSt43: Checklist Continuing Research

RSt16: Research Strategies Taking Notes

RSt17: Research Strategies Deciding When to Stop
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Week 8: October 14

Basic Research Plan and case briefs for Memo 2 due at beginning of class; submit two

copies (or per instructor).

Research Assignment 3 due at beginning of class.

In class: Discuss draft of facts and preliminary research; refine basic research plan; revise basic

research plan into annotated outline; draft issues; discuss lawstrengths and weaknesses of

clients case; in small groups, work on Discussion (CREAC) and counter-analysis.

DFpresentation: Secondary Sources; Avoiding Clumsy Words and Phrases.

Research for Week 9: Complete research for Client 2s problem.

Write for Week 9: Annotated Outline of Memo 2 (it must include all research for memo) dueat the beginning of class week 9. Bring two copies.

Week 9: October 21Annotated Outline due at beginning of class. Bring two copies (or per instructor).

In class: Role-playing: meeting with supervisor to discuss research (research must be completeat this point);discuss forms of reasoning and how to use them; reading cases thoroughly;

recognizing forms of reasoning; review rule synthesis.

DF presentation: Review of Short Citation Forms;BluebookProblem Areas.

Write for Week 10: Draft 1 of Memo 2.

Learning Goals for Memo 2: Reinforcing all Learning Goals from Memo 1, finding and

using research materials, using research plans and annotated outlines to prepare drafts, using

drafts effectively.

Week 10: October 28Memo 1 returned.Draft 1 of Memo 2 due at beginning of class; bring two copies (or per instructor).

In class: Structured self-revision in class and peer review; working on Question Presented and

Brief Answer; rule synthesis; CREAC structure.


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Write for Week 11: Draft 2 of Memo 2; turn in with focused questions.

Week 11: November 4Draft 2 of Memo 2 due at beginning of class.

In class: Instructor and peer review of Draft 2.

Write for Week 12: Final version of Memo 2 (due at beginning of class week 12).

DF Workshop on Citation offered this week (DF will announce time and place).

Review for Exam:

Teaching Law:

Research Sources Quizzes:

Congress and Federal StatutesFederal Courts and Federal Cases

Secondary Sources

State Courts and State CasesState Legislatures and Statutes

Blackout Period: There is a 48-hour blackout period before your final version of Memo 2is due, during which you may not consult with instructors, the DFs, or the Writing Fellows.

Week 12: November 11Final version of Office Memo 2 due at beginning of class.

In class: Advice letter format; introduction to advocacy writing: reconsidering audience andpurpose; characterizing facts and law; introduction to a Trial Court Memorandum; reflect on

personal use of strategies for improvement from week 6.

Read for Week 13:

Evans Annotated Advice Letter(on TWEN)

Evans Trial Court MemosSupportingandOpposinga Motion

Teaching Law:

Legal Documents:

LD56: MotionsLD57A: Formal Requirements of Motions

LD57C: Memorandum of Points and Authorities (Memo to the Court)

LD59: Client Letters
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Writing Process:

WP21: Persuasive WritingWP22: Moving from Objective to Persuasive Writing

WP23: Designing the Theory of the Case

WP24: Crafting the Fact SectionWP25: Drafting the Argument Section

WP26: Using Effective Sentence Structure and Word Choice

Write for Week 13: Advice Letter to Client 2 (with a partner);

Statement of Facts for Trial Court Memorandum on Closed Memo case;

(both due in class week 13).

Week 13: November 18Advice Letter and Statement of Facts due at beginning of class.

In class: More advocacy writing: reading cases to make an argument; characterizing the law;writing persuasive topic sentences; arguing a motion.

Write in class: Argument section of Trial Court Memorandum in Client 1s case (workingin groups with a sample Office Memo 1 selected by professor).

Research, Citation, and WritingExamNovember 22 (day students);

November 23 (evening students).

Monday, November 18Legal Rhetoric professors argue the motion for the parties in Memo 1.

Graded Memo 2 will be returned at the end of the first class next semester. If you would like the

memo returned sooner, you may give your instructor a stamped self-addressed large envelope by

December 12. No memos will be mailed or returned in any way until after the last 1L final exam.

Monday, November 25Showcase Argument for Motion in Closed Memo case.
http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Moving%20from%20Objective%20to%20Persuasive%20Writing/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Moving%20from%20Objective%20to%20Persuasive%20Writing/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Designing%20the%20Theory%20of%20the%20Case/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Designing%20the%20Theory%20of%20the%20Case/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Crafting%20the%20Fact%20Section/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Crafting%20the%20Fact%20Section/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Drafting%20the%20Argument%20Section/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Drafting%20the%20Argument%20Section/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Using%20Effective%20Sentence%20Structure%20and%20Word%20Choice/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Using%20Effective%20Sentence%20Structure%20and%20Word%20Choice/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Drafting%20the%20Argument%20Section/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Crafting%20the%20Fact%20Section/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Designing%20the%20Theory%20of%20the%20Case/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/Moving%20from%20Objective%20to%20Persuasive%20Writing/http://teachinglaw.bna.com/TeachingLaw/Courses/LegalRsrchWriting/DianaDonahoe/writingRewriting/Persuasive%20Writing/


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Course Requirements and Policies

Attendance

Students must attend all classes. Absences will adversely affect the grade and can result in failingthe course. Any absence from a research workshop will require the completion of an extra make-

up assignment in order to pass the course.

Class PreparationStudents are expected to do all the reading assigned for class and to come to class prepared todiscuss it. The on-line syllabus has hyperlinks to many of the reading assignments.

AssignmentsTimeliness

Students must turn in all assignments, including drafts, on time. Failure to turn in an assignment

will result in failure in the course. The due dates for the assignments are listed in the syllabus,and assignments are due at the beginning of class or they will be considered late. All late

assignments that are not turned in during class must be turned in at the Legal Rhetoric Office.

Late assignments that are turned in within 24 hours are penalized 10 percent. Late assignments

that are turned in after 24 hours receive no credit, but must be turned in to pass the course.

Proofreading

Students must thoroughly proofread all assignments, including drafts, before handing them in.Any assignment that contains more than four proofreading errors will be returned without further

assessment and will not be counted as handed in until it is corrected (students are responsible for

checking their email after an assignment is turned in to be sure that it is not returned for

proofreading errors). The paper must be resubmitted within 24 hours to receive credit for thecourse. You may not make substantive changes if your paper is returned for proofreading errors.

The paper will be penalized 15 points each time it is returned for proofreading.

Drafts

A draft that you submit is not a rough draftit is your best effort, including on citation

forms, at that point in time. It should not, in fact, be your very first draft, but rather the first draftthat you are showing to someone else. All drafts must be complete or they will not be counted asturned in and will be returned for completion and counted as late. Drafts will be checked for

sufficiency immediately during the class. Students must turn in all assignments to pass thecourse.

TextsThe reading materials for the course are found atteachinglaw.bna.com. You need to log on to

the site and purchase the program. You also need to purchase The Bluebook: A Uniform System

of Citation, 19th edition (2010).
https://essential.bna.com/login/signin?msg=deny&url=http%3A%2F%2Fteachinglaw.bna.com%2FMembership%2FLogin%3Fdvxzvisto%3D1&lddty=-518&pcv=https://essential.bna.com/login/signin?msg=deny&url=http%3A%2F%2Fteachinglaw.bna.com%2FMembership%2FLogin%3Fdvxzvisto%3D1&lddty=-518&pcv=https://essential.bna.com/login/signin?msg=deny&url=http%3A%2F%2Fteachinglaw.bna.com%2FMembership%2FLogin%3Fdvxzvisto%3D1&lddty=-518&pcv=https://essential.bna.com/login/signin?msg=deny&url=http%3A%2F%2Fteachinglaw.bna.com%2FMembership%2FLogin%3Fdvxzvisto%3D1&lddty=-518&pcv=


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The following books are recommended if you want a style manual that helps with usage,

grammar, and punctuation beyond that available on Teaching Law (the books are available onAmazon; also you may find a few copies in the small Rhetoric library in the Rhetoric conference

room that you may consult):

Richard C. Wydick, Plain English for Lawyers, 5th ed. (2005).

Ian Gallacher,A Form and Style Manual for Lawyers (2005).

Strunk and White, The Elements of Style (paper, 2008).

Anne Enquist and Laurel Currie Oates,Just Writing: Grammar, Punctuation, and Style for the

Legal Writer, 3d ed. (2009).

Research CurriculumThe research portion of the class has several different facets. First, we will assign readings in

teachinglaw.com to present concepts and search strategies. These are mandatory and essential toyour developing understanding of legal research and completion of the required exercises.

Second, we will have three mandatory Research Workshops in Weeks 2, 4, and 6. The specificroom, date, and time information is on TWEN; the Workshops are arranged according to

doctrinal sections. At the Research Workshops, we will guide you in small groups as you workon a set of exercises designed to practice strategies learned in the readings. Bring your laptop and

passwords (teachinglaw/Lexis/Westlaw) to each Research Workshop. Third, after each

Workshop you will get a problem set. The problem sets are designed to reinforce yourunderstanding of research strategies. You will have two weeks to complete each problem set and

must work independently on the assignments. Fourth, you must complete mandatory Lexis and

Westlaw training before October 18, 2013. Lexis and Westlaw representatives will set upseveral different live and webinar training options so that you can attend the training at your

convenience. Finally, the exam in November will have a significant research component in order

to ensure that you have mastered the material. Our approach present, practice, reinforce, andtest is designed to equip you both for Rhetoric assignments in the months ahead and for theactual practice of law.

Using DraftsThe Legal Rhetoric course is designed to teach students how to use drafts on their own. To that

end, students are introduced to a variety of tools: Planning Strategies, Revision Checklist, Basic

Principles, checklists in the texts, handouts, etc. Peer review and in-class global comments aboutdrafts in general can also be fruitfully used in the revision process. In law practice, drafts are

used by the writers themselves to improve the final product. One, but only one, source of input

(in the class, but obviously not in practice) is the instructors comments. These comments come

on some drafts, after students have redrafted at least once, on the grading sheets that accompanygraded papers, and in conferences. It is never the instructors job to read line-by-line and revise

and edit a students work, just as it would not be the job of a supervising attorney in a legal job.That responsibility resides with the student, including the responsibility to transfer comments

from one section of a draft to another. Instructors respond to drafts on a macro level and respond

to specific questions and uncertainties that a student may have. The Deans Fellow, as well, canrespond in a macro fashion to drafts.


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In any case, the quality of the draft and the questions a student poses about it will greatly

determine the quality of the feedback. No one can do much with a hastily written, incompletedraft or vague questions, such as is this okay? Good questions are along the lines of these: I

am struggling with how many facts I should put in the Question Presented. Have I struck the

right balance? Id like to discuss the difference between the Brief Answer and the Conclusion.Mine seem repetitive. I know from class exercises that Im struggling with the active/passive

voice. Can we work through a few examples? Notice that these questions demonstrate that the

student-writer has thought about drafting choices. Self-editing and conscious selection of writing

strategies are the hallmarks of good legal writing.

GradingThe course grade is determined by grades on the individual assignments, the overall quality of

the other assignments, the grade on the research and writing final, and class participation: Memo

1 (closed), 20%; Memo 2 (open), 35%; Research, Citation, and Writing Strategy Exam, 15%;Advice Letter,10%; Class Participation and Professionalism, 10%; Other Assignments, 10%.

Failure to complete both the Lexis and Westlaw training units will result in a 5% deduction fromthe students cumulative score (e.g., a score of 92.3 will be reduced to 87.3). Grading criteria

forms that all instructors use for the graded assignmentsthe two memos and the second adviceletter--are available on TWEN Main Page.

TWENTWEN is our on-line classroom support system and is one of the principal ways we

communicate with students and distribute assignments. Students will receive a password at

orientation and should immediately register on Westlaws TWEN so that they do not missinformation. All students should check TWEN (both the Main Course page and their own small

class page) and email regularly for class information.

Material on TWEN Main page:Handbook(including syllabus and course requirements andpolicies); Evans sample office memo, advice letter, and memos supporting and opposing a

motion; research materials for Closed Office Memo 1; schedule for mandatory Research and

optional Supplementary Workshops; Writing Fellow hours and policies;Material on Class page: Classroom DF power points; any individual instructor materials

How to get Extra HelpAside from one mandatory conference with the instructor that will occur during the semester, we

encourage students to meet with instructors and Deans Fellows whenever they feel they need

additional guidance or instruction. All instructors and Deans Fellows have office hours that theywill announce at the first class. All students may also meet with Professor Phelps, the Director of

the Legal Rhetoric Program, or any of the full-time Rhetoric professors, even if these are notyour classroom teachers. Call or e-mail for an appointment or drop in during posted office hours

(posted in the Legal Rhetoric Office and on TWEN). Additionally, there are several DeansFellows whose full-time job is to provide Rhetoric students with additional assistance, including

some Fellows who specialize in ESL. These Writing Fellows have regular hours that are posted

in the Legal Rhetoric Office and on TWEN. The sign-up procedure is also posted on TWEN.


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Students may not meet with Rhetoric Writing Fellows during the blackout periods.

In addition to this crucial one-on-one work, the Legal Rhetoric Program puts on a series of

supplemental workshops during each semester. The workshops complement the classroom

lessons by addressing the material in a light-hearted way and from a slightly differentperspective.

Fall Semester Workshops

Understanding CREAC Workshop (Professor Figley)Shows how to use CREAC to analyze a different problem.

Writing Strategy Workshop (Professor Spratt)Demonstrates the dos and donts of effective writing.

Understanding Rule Synthesis Workshop (Professor Figley)Examines how Rule Synthesis works.

Citation Workshop (Professor Spratt)Reviews citation rules needed in every day practice. Exam Review Session (Professor Spratt & Professor Beske)

Provides a supplemental review for the Research, Citation, and Writing Strategy Exam.

Students will receive a schedule of the supplemental workshops early in the semester; the

schedule is also posted in the Legal Rhetoric Office and on TWEN. Some students may berequired to attend some of the workshops; all are welcome to attend them.

In short, we see our job as helping students become the best legal writers and researcherspossible and are willing to provide whatever it takes to accomplish that end. USE the resources!

WCL Honor CodeLike an exam or any other law school assignment, all work you do in the Legal Rhetoric course

must be your own and you must have observed the WCL Honor Code and Legal Rhetoric courserequirements in preparing it. Any course-specific requirements outlined in the course materials

come under the Honor Code.

You may not work with other people, students, or resources, including peer review,

proofreading, and research, outside of class unless your instructor explicitly permits you to do so.

Although we discuss the assignments extensively in class and work together on them, such

discussions and work are not permitted outside of class and violate the WCL Honor Code. You

may not review or consult any other students actual written work (including outlines, drafts, andresults of research), give or solicit advice as to how a document should be written (its substance

and writing), or discuss the facts of an assignment or how the law applies to those facts.If, inexceptional circumstances, you request and receive permission to use the assistance of a typist,

the typist may not correct spelling, grammar, citation form, or any other aspect of the

assignment.


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Any material taken from another source must be acknowledged with quotation marks (if directly

quoted) and a citation.

You may work on any Legal Rhetoric matter with your instructor, your Legal Rhetoric Deans

Fellow, other Legal Rhetoric instructors, other Legal Rhetoric Deans Fellows, Legal RhetoricWriting Fellows, and WCL reference librarians. Do not discuss assignments outside of class.

ProfessionalismLegal Rhetoric, like many other law school classes, not only teaches the substance of the course,

it also helps to shape students as professionals. Therefore, in Legal Rhetoric students are

expected to practice the traits of professional responsibility, including civility; attention to detailin work products on which clients, other lawyers, and judges rely; effective time management;

promptness and timeliness in completing and submitting work; honoring all commitments and

attending all scheduled meetings and conferences; honesty and candor in the use of legalmaterials and in writing; truthfulness; respect; and a sense of responsibility to peers and to the

profession.

A Word About Next Semester. . . .Although the semesters are graded independently, the second semester of Legal Rhetoric

continues the first. Your first assignment in the Spring semester will be based on Memo 2 fromthe Fall semester.


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Introduction to Legal Rhetoric

The Legal Discourse Community

Welcome to Washington College of Law and to the Legal Discourse Community (LDC). Byentering law school, you have become a fledgling member of the LDC, and you may have

already noticed that language is sometimes used in ways that are unfamiliar to you: meanings

and language conventions that are different and, consequently, confusing. The LDC is the worldof language that lawyers inhabit. Many, many discourse communities exist. If you came to law

school directly from undergraduate school, you were a member of the academic discourse

community. You learned to read, write, and speak using the conventions that are successful

there. If you came from the business world, you were a member of the business discoursecommunity, from the military, the military discourse community, and so forth. Discourse

communities are everywhere and you may, in a single day, move from one to the other without

even noticing. Think about the ways that these words are used in the overlapping discoursecommunities portrayed below: battery, briefs, ERA.

Each discourse community has its own conventions and rules. Some words have particular and

specific meanings; arguments are made using certain things as proof; specific kinds of

documents are used. Members of it read, write, and speak in a particular way that is

BaseballMilitary

Law You?


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acceptable. Entry into a new discourse community requires some initiation, some guidance,

and much, much practice.

Thats the purpose of the Legal Rhetoric course: to introduce you to the rules and conventions of

the LDC and to provide an environment in which you can become a full-fledged member of thatcommunity by reading and writing as a lawyer. This initiation also occurs in your other courses,

of course, as you learn to brief cases, to answer hypotheticals from a professor who is using

the Socratic method, and to introduce yourself as a 1L. In the Legal Rhetoric course you will

practice reading and writing in the LDC, making the mistakes that are always inevitable in thelearning process, without risking your job or your clients welfare. Our contract with you is that

if you give us your best effort, we will work just as hard to guide you, and by the end of the

semester, you will be reading and writing confidently and competently in the Legal DiscourseCommunity.

What is Good Legal Writing?The Communication Triangle helps us to hone in on what kinds of writing lawyers do and tobegin to develop ways by which we can judge whether writing is good or not.

Every act of writing involves the four elements portrayed on the triangle: the writer, the reader,

the reality (the things being written about), and the language in which it is embedded. A

Reality (Objective writing)

Language(Literature)

Writer

(Expressive writing )

Reader

(Persuasive writing)


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particular act of writing and the document that is produced may be classified according to which

of these four receives primary attention; that is, which of the four is the primary goal or purposeof the writing. For example, if you are taking notes or keeping a diary, you are writing for

yourself; the document, such as it is, is written for you, the writer. We call this kind of writing

expressive writing (the lower, left point of the triangle). If the reality, the thing about whichyou are writing, is most important, we call that objective writing (the upper point of the

triangle); if the primary purpose of the document is to bring about a change in the reader, we call

that persuasive writing; if the primary purpose of the document is to create beautiful language,

we call that literature. All four elements are present and receive attention in any act of writing,but one of them takes preeminence in a particular document.

You can probably begin to see that any rule for writing falls apart under this analysis. Takeone of the first writing rules you learned: spell words correctly. Does that rule apply to all four

kinds of writing described above? Perhaps not all of them all the time. If we cant use rules to

judge whether writing is good or not, what can we do? We can judge whether a document is

good by whether the writing strategies (not rules) used in it achieve the desired goal of thedocument for the designated audience. In other words, you have to ask yourself before and while

writing any document, who is this for and what do I want it to achieve? Thats the approachtaken in the Legal Rhetoric course: strategies, not rules, and strategies based on analyzing

audience and purpose for any document. The Planning Strategies form on page 20 will assist

you in doing this analysis. Also The Basic Principles on pages 21-23 give you some strategies

that have proven effective in the Legal Discourse Community.

What Kinds of Writing Do Lawyers Do?

The Communication Triangle also helps to clarify what kinds of writing lawyers do and the

kinds of writing that you will be learning and practicing in the Legal Rhetoric course. The firstsemester of the course focuses on written legal discourse; in the second semester, you will begin

also to use spoken legal discourse (of course, you are learning to talk like a lawyer every day

in law school, in classes, and elsewhere). So what is it that lawyers write and what specialcharacteristics does legal discourse have?

Legal discourse functions in distinctive ways and has some special qualities. First, legal writing

tends to be either objective or persuasive (the top and bottom right angles of the triangle); it israrely creative or expressive (at least not in the workplace). Second, legal discourse occurs in

different kinds of documents. Lawyers write in various forms and with various voices: analyst,

strategist, counselor, advocate, for example. They also write to different audiences and for

different purposes: to inform another lawyer, to counsel a client, to persuade a judge, to namesome of the most frequent purposes and audiences. The Legal Process chart on page 26

delineates some of the documents that lawyers write and shows when these documents arise inthe legal process. Third, legal documents often give rise to other legal documents. Finally, legal

discourse has a significant impact beyond the confines of the legal discourse community. The

way lawyers use language matters. Legal discourse not only interprets the law; it also creates thelaw. Lawyers writing affects peoples lives.


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Writing as a Process

The Legal Rhetoric course will treat writing as a process, rather than as a product. For a long

time, writing was taught using the product approach: teachers gave students a writingassignment, the student wrote it (the product), and the teacher graded it, perhaps with comments

in the margins. Then there would be another assignment, and so on. The students writing might

improve, or not; it was all rather serendipitous. It wasnt clear that writing could be taught at all.

A few decades ago, composition theorists at some major universities (Carnegie Mellon, Purdue,

and Southern Cal, among others) began to investigate what good writers did in the process ofproducing good documents. By taking protocols (taped monologues) from expert and novice

(good and bad) writers as they worked on a document, the researchers were able to detect somepatterns: good writers did certain things in the process of writing. Now there was something to

teach novice writers.

One broad pattern that emerged from the protocols looked something like this:

Planning Drafting Revising Final Editing Expert writers engaged in more planning activities in the writing process than did novice writers;

they asked themselves some specific questions before, during, and after drafting (notice that

some of the arrows go in both directions; the process is not linear, but recursive). These

questions included information about the reader and the purpose of writing. The questions are

adapted for legal documents in Planning Strategies on page 20 of this Handbook. In addition,the expert writers engaged in substantial revision (re-vision = re-seeing) of the document, writing

context paragraphs, topic sentences, changing sentence structure, etc. Many of the revisingtechniques are included in the Revision Checklist" on pages 24-25. Then they did a final edit

fixing spelling, etc. Some expert writers planned a great deal before drafting; others planned

loosely, but always moved back into planning after an initial zero draft (getting ideas down).As a novice legal writer, you will more easily become expert by being attentive to the process of

producing legal documents. We will work on various aspects of the process in class, sometimes

in small groups, as you become familiar with it.


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Legal Rhetoric Style Sheet

Common Writing Errors

Pronoun referents: Pronouns must match in number and gender the noun to which they

refer; the referent noun must also be clear and not ambiguous.

Wrong: Neither Susan nor Jane felt that they had been treated fairly.

Right: Neither Susan nor Jane felt that she had been treated fairly.

Wrong: JMart frequently changedtheir security guards routines.

Right: JMart frequently changedits security guards routines.

Wrong: Each student must hand in their assignment on time.

Right: Each student must hand in his or her assignment on time.

Right: All students must hand in their assignments on time.

Wrong: The testator and the Defendant were in a confidential relationship because he received

financial advice.

Right: The testator and the Defendant were in a confidential relationship because the testatorreceived financial advice.

Subject/verb agreement when verb is separated from subject.

Wrong: The profits earned by the pharmaceutical industry is too high.

Right: The profits earned by the pharmaceutical industry are too high.

Comma splices: Independent clauses may not be joined together by a comma (however is

not a conjunction and may not be used to join independent clauses).

Wrong: The explosion was loud, it could be heard a mile away from the construction site.

Wrong: The explosion was loud, however it could not be heard a mile away.

Right: The explosion was loud; it could be heard a mile away from the construction site.Right: The explosion was loud, and it could be heard a mile away from the construction site.

Even Better: The loud explosion could be heard a mile away from the construction site.

Semi-colon use: Semi-colons have two usesto join independent clauses instead of starting

a new sentence (see above) and to join items in a series if the items have internal commas.

Right: The court considered whether the defendant, who was a minor at the time of the contract,could be held responsible for his actions; whether the plaintiff, who knowingly sold to a minor,

could be seen as negligent; and whether the defendants parents, who knew nothing of the

transaction, could be held liable.


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Colons: A colon is only properly used when the syntax comes to a full stop; a colon should

not interrupt the natural flow of a sentence.

Wrong: The factors that the court considered are: whether the testator suffered from an insanedelusion, and whether the will was a product of that insane delusion.

Right: The court considered two factors: whether the testator suffered from an insane delusion,

and whether the will was a product of that insane delusion.

Commas: Commas are properly used to indicate grammatically separate parts of a

sentence: (1) two independent clauses, (2) an introductory clause, (3) items in a list, and (4)

extra explanatory words, such as appositives and some transition words. Commas should

not separate a subject and a verb, even when the verb is the second in a compound verb.

Right: (1) The mascot asked the spectator if she would like to dance on the dugout roof, and

the spectator agreed to do so.Right: (2) If the defendant knowingly consented to dancing with the mascot, he should not be

permitted to sue the baseball club for his injuries.Right: (3) The plaintiff had seen others dance with the mascot at previous games, saw the

warning sign at the entrance, and willingly agreed to dance.

Right: (4) The plaintiff, however, did not expect a hip bump.

Right: (4) The plaintiff, Terry Mason, did not expect to be injured while at a baseball game.Wrong: Terry Mason attended the game, and danced on the dugout.

Its/its: Its is a possessive pronoun; its is a contraction for it is; they are not

interchangeable.

Right: A leopard cannot change its spots.Right: Its probably going to rain today. (Note: contractions should not be used in formal

writingthat is, most of the kind of legal writing you will encounter.)

The floating this: this should nearly always have a noun following it.

Wrong: Lavelle suffered the insane delusion that he had a magical guitar pick, and Allenby

suffered the consequences of that delusion when he accused her of stealing the guitar pick. Thisis similar to the situation inBenjamin in which the testators wife was drawn into and suffered

the consequences of her husbands delusion.

Right: This effect on making a will is similar to . . . (or some other noun or phrase that sums upwhat the writer means)

Comparing like to like: in comparing facts in cases, compare people to people, situations to

situations, not to case names:

Wrong: UnlikeMoore, Lavelle did not depend financially on Jellico.


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Right: Unlike the testator inMoore, Lavelle did not depend financially on Jellico.

Bluebook rules: TheBluebook has particular rules for things like spelling out numbers and

capitalization. For example, sometimes court is capitalized and sometimes not, but the

capitalization is not random: it follows particular rules. Always look up the rules and do notassume or copy from cases you are reading.

Format

For memoranda and briefs:

Use Times New Roman, 12-point font, regular typeface only; Use 1-inch margins on all sides; justify left only; Number all pages (unless specific rules say otherwise) in the bottom center; Double-space except for headings, subheadings, footnotes, and block quotes; Underline and use all caps for major section (not substantive) headings: i.e.

INTRODUCTION; Observe all page limits: office memoranda do not have page limits, but most

documents submitted to a court do; page limits do not include the Certificate of

Service;

Do not orphan a heading or subheading at the bottom of a page; Check and followBluebookcapitalization rules; dont assume or copy from cases; Number and block all headings and subheadings with the numerals and letters

indicated in the samples (see below):

Example below of how headings should be blocked:

I. Students should format all memoranda submitted for Legal Rhetoric accordingto the Style Sheet because professionalism and attention to detail are essential

for effective legal writing.

A. Effective writing requires attention to detail so that the reader is not distracted.1. Overlooking even small details, such as correct spacing, undermines the final

product.2.


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Planning Strategies

Before you begin any writing assignment, answer the following questions as well as you can.

Return to the questions as you draft the document and refine your answers. The answers willhelp you decide whatto write about andhow to write it. They also will help you decide what

language to use, what to include, and what to omit.

1. What question(s) should this document answer?

2. What is my answer to each question (no more than a few words)?

3. Who is my reader?

4. What is my reader's relationship to me?

5. How much does my reader know about the subject and my answer?

6. What is my reader's attitude about the subject and about my answer?

7. What does my reader need to know to understand my answer? List in "need to know"

order.

8. Why am I writing this (to inform, to persuade, to accomplish some other end)?

9. What constraints do I have?


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The Basic Principles

What makes a good document?

Why do some documents succeed and others fail? The difference between a good document

and a bad one is more than spelling, punctuation, and grammar (although these certainly count

in the equation). If we can pin down the qualities of successful documents, we are well on ourway to producing them and to helping others produce them.

A. A good document