Sunday, October 18, 2020

1L Legal Writing Course(s): The Do’s and Don’ts

        Law school is a monster of it’s own.  It took time and effort for us to get here, and it will undoubtedly take dedication and persistence for us to leave successfully.  Yet, by all means, while the practice of cramming for our exams back in undergrad, and/or waiting until the last minute to draft an eight page paper for (insert your Major) may have worked in the past, you’ll eventually thank yourself for admitting that you’re faced with something different this semester.

        Now, despite the fact that your new legal writing professor just gave you a seemingly outrageous outline or closed memo assignment, there are ways to navigate through your first semester in order to succeed in your legal writing course.


Rule #1 – Don’t Be Afraid to Start at Ground Zero!  

- I know…you’ve watched “My Cousin Vinny,” and every season of “How To Get Away With Murder,” a thousand times.  As such, you may be under the impression that you already under-stand both criminal and civil procedure, and that you’re ready to litigate.  But, there’s one catch:  You’ve never actually written a legal analysis!  Believe it or not, this is good news.  You’re starting fresh!  For those of you who are intrigued about how to draft an outline for law school, please refer to Sovmya’s previous blog post and commit yourselves to attending Prof. Colby Clement’s academic support sessions on Saturdays.  However, for those of you who have al-ready received your first memorandum assignment, please proceed to the information below.


Rule #2 – Learn the Process!

- This is where you learn how to tread water, before attempting an all-out lap in the pool.  Great analogy? I know!  But in all seriousness, a closed memo is the equivalent of solving a puzzle that you’ve already received the pieces to.  You’re job is to put the pieces together accordingly:

1. Carefully read, evaluate, and understand the facts of your case.

2. Identify the main issue(s) assigned by your professor.

3. Strategically identify the rule of law in each case (which is provided) and compare it to the issue assigned. 

4. Develop a thorough understanding of the task in front of you by conducting a com-pare/contrast approach of the issue assigned, versus the applicable case law.

5. Draft a brief answer based on your general analysis of the cases provided, as they ap-ply to your issue.

6. Expand upon your brief answer by drafting a thorough analysis; and

7. Draft an overall conclusion


Important Note:  Don’t make this harder than it is.  Your professor will give you an idea of what they expect to see in your memo, and most importantly, they’ll be more than willing to answer additional questions regarding your paper.


Important Note #2: DO NOT WAIT UNTIL THE NIGHT BEFORE THE PAPER IS DUE TO WRITE THE PAPER. It is difficult, if not impossible, to get a high grade on a paper if you have not taken the time to read and edit your work. This process requires you to walk away from what you wrote, and put some time between writing and editing. You cannot do this if you write the paper the night before it is due.


Rule #3 – Do the Work!

- We’ve all heard the statement, “you can’t cut corners in law school.”  Well guess what? It’s true!  You’re performance in law school, and legal writing in particular, is a reflection of the effort you put-in.  Believe it or not, this is good news and will set a precedent for how you treat the rest of your courses.  However, it may also serve as a wake-up call.  If you see that you can improve upon the grade you received on your first draft, then by all means attend a Saturday academic support session.  Or, if you’re truly serious about becoming a better writer, then visit the writing lab, and/or drop-in during mentoring hours. Either way, don’t be afraid to ask for help.  Additionally, if you received a phenomenal grade on your first draft, do yourself a favor and at-tend an academic support session.  Knowledge is power, and you’ll be more successful by taking full advantage of the academic support that MSLAW has to offer.


Rule #4 – Have Fun

- It may be hard to crack a smile while writing a memo about a serious civil or criminal matter, but give it try.  Then, internalize the fact that you’re one step closer to becoming a lawyer.    Em-brace the “bumps in the road,” and know that everything you learned today will serve you well in the future.


Blog Contributor,

Eddie Street

2L MSLAW


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