ADVANCED LEGAL WRITING Fall 2008 SYLLABUS

Transcription

1 ADVANCED LEGAL WRITING Fall 2008 SYLLABUS Section LS1: Wednesdays, 5:00 6:15 pm, Room 3209 Section LS2 Professor Thomas A. Schaaf Room IMPORTANT This syllabus contains some important class policies. Please read through this syllabus carefully. Feel free to ask for clarifications. You will be held to the standards written in this syllabus in addition to any standards and/or rules for the specific assignments. TEXTS There will be both mandatory and suggested reading assignments. The books are on reserve in the law library. Be careful with the Ray/Cox, some copies in the library are First Edition. The page numbers in the syllabus reflect the Second Edition. Unless otherwise noted, the exercises in the readings are not assigned. If you were going to purchase a book for your personal library, I recommend Legal Writing in Plain English: A Text with Exercises by Bryan A. Garner. If not available in the bookstore, it is available at Barnes and Noble or Amazon. Beyond the Basics: A Text for Advanced Legal Writing ("BB") By Mary Barnard Ray & Barbara J. Cox Legal Writing in Plain English: A Text with Exercises ("LW") By Bryan A. Garner Note: Every writer should have an up-to-date dictionary, a thesaurus or synonym finder, and a style manual. For a style manual, I suggest The Elements of Style by Strunk and White, Third Edition. Every legal writer should also have a citation manual. We will follow Blue Book format in this class. BEFORE CLASS Please submit two copies of a writing sample. Try to submit this before class, or bring with you to the first class. This could be your Appellate Advocacy Brief or Memorandum of Points and Authorities for Legal Writing and Research. It should be the writing sample you intend to submit to potential employers. Alternatively, it could be a document you have written for an employer, but in any case, the writing sample needs to be a complete paper (statement of facts and argument/analysis). 1

2 CLASS ORGANIZATION This class will be in seminar format. Class attendance is mandatory. If you miss more than two classes, your final grade will be reduced by one-half grade (e.g., from "B" to B-"). Any class missed without preauthorization or a verifiable emergency will still affect the class participation portion of your grade. Since class participation is ten percent of your grade, there will be no push points. Each student will be required to: (1) Complete and submit in-class exercises as requested. Most writing and editing exercises will be completed in class. Others may be started in class and finished for homework. (2) Complete Draft and Rewrite of a Client Letter. (3) Complete Draft and Rewrite of a Judicial Opinion. (4) Edit another student's Client Letter and Judicial Opinion. (5) Submit a rewrite of the Writing Sample you submitted before the class began. PAPERS There will be two writing assignments requiring research from a closed library: a Client Letter and a Judicial Opinion. You are required to submit two copies of the Client Letter and Judicial Opinion (three copies of the draft). Formatting requirements of the Client Letter and Judicial Opinion will be given with the assignment. There will also be a Rewrite of your Appellate Advocacy Brief or Legal Research and Writing Judicial Opinion. The length of the Writing Sample Rewrite will be your decision, but the Rewrite needs to be a complete paper (statement of facts and argument). Unless otherwise noted, papers are due at the beginning of class on the due date shown on the syllabus. Note on extensions: Since there is no mandatory curve with this class, I liberally (within reason) grant extensions. However, your request for an extension must be in writing (or via ) and must include (1) a new deadline that will not disrupt your learning curve in the class; and (2) your reasons for requesting the extension. Requests for extensions made within 24 hours of the deadline will not be granted barring a verifiable emergency. This class focuses on the writing process and I expect students to manage their busy schedules to accommodate their writing process. Also, please note that a classmate will be editing your draft of each assignment. Therefore, if you turn in a late draft it will impact your classmate s schedule as well. GRADES Client Letter- 30% The final grade on the Client Letter will take into account the draft and the edit of a classmate's draft client letter. The draft is worth 25 percent of your final grade. 2

3 Judicial Opinion -30% The final grade on the Judicial Opinion will take into account the draft and the edit of a classmate's draft. The draft is worth 25 percent of your final grade. Writing Sample Rewrite-30% The final grade on your writing sample will be graded solely on the improvement (edit) of the writing sample you submitted before class began. Class Participation/Exercises-10% This portion of your grade will include the exercises (all equally weighted) and in-class participation. Exercises, if graded, will be graded on a 1-10 scale. Note: Failure to submit a good faith edit of another student's draft will result in a deduction of ten points from the final draft of the assignment. CLASS SCHEDULE This is a general plan for the course; deviations may be necessary. August 20, 2008 Class One: THE WRITING PROCESS We will discuss individual writing processes, the writing process vs. research process, shaping thoughts before writing, and outlining. Mandatory Reading Assignment: LW Chapter 1 (pp 3-16) Mandatory Reading Assignment**: BB Chapter 15 (pp ) Suggested Reading Assignment: BB Chapter 2 (pp 8-20) ** I will give you the Client Letter Assignment in Class One. This mandatory reading assignment pertains to opinion letters. August 27, 2008 Class Two: WRITING AND EDITING: THE SENTENCE We will discuss sentence length, parallel phrasing, strong endings, needless words, legalese, precise verbs, confusing nouns, and active voice vs. passive voice. Be prepared to discuss the cases for the Client Letter and your outline of the Client Letter. Suggested Reading Assignment: LW Chapters 2 and 3 (pp 17-48) 3

4 September 3, 2008 Class Three: We will also cover critiquing. WRITING AND EDITING: THE SENTENCE CONTINUED Draft of Client Letter (two copies, please bring a third copy to give to a classmate) September 10, 2008 Class Four: PUTTING THE PAPER TOGETHER We will discuss the functions of the paragraph, the CREXAC method of writing, transition sentences, use of headings, and use of quotes. Edit of a classmate's Client Letter Suggested Reading Assignment: LW pages 55-77, September 17, 2008 Class Five: PUTTING THE PAPER TOGETHER CONTINUED Final Client Letter (two copies). Mandatory Reading Assignment**: Informing and Persuading: Judicial Opinions (Handout) ** I will give you the Judicial Opinion Assignment in Class Five. This mandatory reading assignment pertains to persuasive writings. I will give you the handout in Class Four. 4

5 September 24, 2008 Class Six: PUTTING THE PAPER TOGETHER CONTINUED Be prepared to discuss the cases and your outline for the Judicial Opinion. October 1, 2008 Class Seven: THE EDITING PROCESS We will discuss the different phases and methods of editing. Suggested Reading Assignment: LW pp October 8, 2008 Class Eight: THE EDITING PROCESS CONTINUED Draft of Judicial Opinion (two copies, please bring a third copy to give to a classmate). October 15, 2008 Class Nine: We will discuss pacing in legal writing. THE EDITING PROCESS CONTINUED: PACING Edit of a classmate's Judicial Opinion 5

6 October 22, 2008 Class Ten: APPLICATIONS OF GOOD WRITING We will discuss contract drafting and editing. We will also discuss plans for continued improvement in your legal writing. Final Judicial Opinion (two copies). Suggested Reading Assignments: LW pp BB Chapter 5 (pp ) Friday, October 31, 2008 Writing Sample Rewrite - time-stamped and in my mailbox in the Faculty Center by 5 pm. 6