Writing 109L-Writing for the Legal Profession


Instructor: James H. Donelan
Monday, Tuesday, and Wednesday, 8:00-9:25
Mondays and Tuesdays, HSSB1207; Wednesdays, Phelps 1526
Email: donelan@writing.ucsb.edu
1319 Girvetz Hall
Office Hours: Wednesday 10:00-11:00 or by appointment.

Texts: Statsky and Wernet, Case Analysis and Fundamentals of Legal Writing

A legal dictionary

A reader available at Graphikart

An online course management system, ConnectWeb, available online at http://connectweb.com/ucsb.asp

Course Description: The course will explore writing and research methods appropriate to the legal profession, including case briefs, memoranda of law, and appellate briefs. It emphasizes close reading, logical thinking, cogent analysis and argument, and clear, exact language. It is not designed to teach you legal terminology or the substantive law; and although specialized in its subject matter and formal requirements, the course offers both pre-law students and others interested in rhetoric and writing an opportunity to develop skills in expository and argumentative writing.

Requirements: You will write an in-class essay; a case brief; a legal memorandum, an advocacy letter, and an appellate brief. The relative value of these assignments and class participation in determining your course grade is as follows:

  1. Law essay-10%
  2. Case brief-15%
  3. Memo-15%
  4. Letter-15%
  5. Appellate brief-30%
  6. Participation and completion of homework assignments-15%

Please observe the following rules:

 

Syllabus

I: Terms, Definitions, and Sentences: The Case Brief

8/6
Handout: Legal Matters
In-class exercise: Writing sample on legal writing.

In-class: Legal terms, fundamental principles of American law

8/7
Reading:
Statsky, Chapters 1-6
Homework: Exercise 6.7
In-class: The American Court System

8/8
Class meets in 1526 Phelps.,
Reading: Statsky, Chapter7
Homework: Exercise 7.5
In-class: Law essay; introduction to ConnectWeb


8/13
Reading: Statsky, Chapters 8-10
Homework: Exercise 10.1, a-e, Thumbnail Briefs
In-class:
Creating a comprehensive brief.

8/14
Reading:
Knowles v. Iowa (reader), Statsky 19
Homework: Comprehensive Brief Draft; bring hard copy to class
In-class: Peer review

8/15
Class meets in 1526 Phelps.
Reading:
Review Statsky 8-10
Homework: Brief of Knowles. v. Iowa due.
In-class: Library Research: Introduction to Lexis-Nexis

II: Paragraph Development: The Legal Memorandum and the Advocacy Letter


8/20
Reading: Statsky 11-12
Homework: Exercise 12.1, 14.2
In-class: Determining sufficient authority in arguments

8/21
Reading: Statsky 13-14
Homework: Exercise 14.2
In-class: Memo writing

8/22
Class meets in 1526 Phelps.
Reading
: Statsky 15-16

Homework: Memorandum due.
In-class: Presenting arguments; comparison of memoranda.

8/27
Readings: Statsky 17
Homework: Exercises 17.2 or 17.8
In-class: Paragraph structure; advocacy letters.

8/28
Homework:
Advocacy letter draft
In-class:
Group readings; advocacy contest

8/29
Class meets in 1526 Phelps.
Homework: Advocacy Letter due.

In-class:
Formation of working groups


III: Constructing an Argument: The Appellate Brief

9/3 Labor Day

9/4
Readings: Statsky 18, Amarin v. Maryland Cup briefs (reader), appellate brief assignment.
Homework: Summary of arguments. Task schedule.
In-class: Planning an appeal; strategy and research.
9/5
Class meets in 1526 Phelps.
Readings:
Copyright article (reader); key cases (links).
Homework: Basic arguments, outline and task list
In-class: Logic and argument; dividing tasks.

9/10
Readings: Review Statsky 18
Homework: First half of appeal draft.
In-class: Editing for rhetorical force.

9/11
Homework: Second half of appeal
In-class: Putting it together

9/12
Homework: Full draft due.
In-class: Review and evaluation.


9/14

Appellate Brief due.