But My Undergraduate Professor Told Me I Was a Great Writer! Helping Students Make the Transition to Legal Writing

Presentation by Eric Fleetham and Wendy Tenzer Assistant Professors of Research, Writing, and Advocacy Ave Maria School of Law Naples, FL

Everyone remembers Michael Jordan superstar basketball player but …

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Does anyone remember Michael Jordan, the baseball player?

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1.

Prior to Legal Writing class a.

Attitudes coming into Legal Writing b.

Students’ perceptions of their own writing vs. the reality 2.

3.

Good legal writing is hard work Tools and strategies to help students to make the transition

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Prior to Entering Legal Writing Class

Open Neutral Yuck Only 25% said they were “not looking forward to it” or “dreading it”

25% 25%

75% of students said they were either “curious and open or neutral”

50% 5

I was good in undergrad, even though I didn't like it much Not so good in undergrad, so I’m afraid of this class

15.5% 7.5%

Not so good in undergrad, and I had to work hard at it (0%!)

77%

I've got this because I was good in undergrad

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I wasn’t a good writer in undergrad, so what's the point? 10% How hard can legal writing be?

10% 10%

I admit that maybe my legal writing professor can teach me something

5% 75%

I was an English/ History/Crim Law Major, so I will be shocked when I’m told that my writing isn't good

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Undergrad

Already have some knowledge of subject area Good command of terms of art in subject area Understand structure of a how to write a paper Describe and summarize information Can be completed the night before the deadline

Law School

Must learn new subject (torts, criminal, property, etc.) New “language” and vocabulary New structure (CREAC/IRAC/TREAT) Analyze and synthesize information Will NEVER finish if don’t get an early start

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 So, we need to meet the students where they are.

 Tell them that legal writing is hard.

 Legal writing requires a lot of time to become competent.

 Those who are open to the process, are much more successful than those who think they have an advantage because they were good writers in undergrad.

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 The thought process for legal writing takes a lot longer and is more challenging than undergraduate writing.

 You are not expected to know how to do legal writing.

 It’s a skill.

 Give yourself over to the process.

 Even if you were very good at one thing (undergraduate writing), it doesn’t mean you can easily make the transition to another area. (See, e.g., Michael Jordan, baseball player)

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DON’T LET THIS BE YOU!

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* Anne Enquist and Laurel Currie Oates, Just Writing (4th ed. 2013).

* Anne Enquist, Talking to Students About the Differences Between Undergraduate Writing and Legal Writing, 2 Perspectives: Teaching Legal Research & Writing104 (Winter 2005).

* Terrill Pollman, Judith M. Stinson, Elizabeth Pollman, Legal Writing: Examples & Explanations (2d ed. 2014).

* Carnegie Mellon, Eberly Center for Teaching Excellence & Educational Innovation, Enhancing Education, Solve a Teaching Problem, Students Can’t Write, Explore Strategies: http://www.cmu.edu/teaching/solveproblem/strat cantwrite/cantwrite-03.html

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