Friday, August 22, 2008

Legal Writing: Law School's Ugly Step Child?

Today was the first official day of classes. I only had one class, Legal Reasoning and Writing. The professor said it will be the most important class we will take this year because reasoning and writing are the skills that all successful lawyers must master in order to be successful. Torts, Contracts, and Property will come and go and the grades will only matter for acquiring that first job after school. But in 5 years, no one is going to care what you got in those courses, all they are going to want to know is if you can reason and write. This was not the first time I had heard a speech like this from a bitter legal writing professor. At Law Preview, the Legal Research and Writing professor (the chairman of the writing department at Fordham Law) gave a very similar lecture. 

I have definitely observed that the writing departments at most law schools seem to have a bit of a chip on their shoulder. Most law schools send implicit and sometimes rather explicit messages that legal writing is not all that important. I have heard at some T-14 schools, the legal writing class in the first year is not even for credit. I even heard that at some Ivies the job of teaching the legal writing class falls to a 3L. This attitude towards legal writing was definitely reflected in the Law Preview class which offered a Legal Research and Writing session on the last Saturday (after 5 straight 10 hour days), and it was optional. Half the students who paid for my Law Preview session did not even show up on the Saturday.  

I am somewhat confused by this because I do believe the legal writing professors to be correct: the ability to write is the most important skill a lawyer can possibly possess. I am very perplexed by the fact that legal writing  is so marginalized and de-emphasized in law school, especially in the all important first year. It also seems that the more prestigious the school, the less emphasized legal writing actually is. Very strange. 

If anyone has any idea or even a theory as to what exactly the law schools are thinking here, I would love to hear it because I have given it a lot of thought, and it just doesn't make any sense to me.  

2 comments:

Unknown said...

I'm not a law student, so I don't know but... is writing a component in any of your major courses, especially in the first year? Perhaps some schools do not deem it necessary to put students through a course that teaches in depth a skill that is acquired just by completing assignments in other courses. In this sense, the function of Legal Writing courses may be to just "tie up loose ends" and "fine tune" writing style. Of course if writing is not a part of the curriculum in other courses besides Writing, I've just wasted everyone's time... :)

EG said...

Writing is not actually a large component of the other first year courses. Classes like Torts, Contracts, Civ Pro, Crim Law, and Property are all completely exam based. There are essay style questions on these exams. While this is technically a "writing component", it certainly is not an opportunity to hone your writing skills. After all, a large part of the writing process is editing and re-writing. There is certainly no opportunity for that on an exam.

You have certainly not wasted anyone's time. Your contributions are always encouraged and much appreciated... :)