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Includes study of principles of informative and persuasive legal writing. Emphasizes legal analysis, reasoning by distinction and analogy, and clear written expression of the result. Students write case briefs, informative and persuasive memos, offensive and defensive pleadings, interrogatories and contracts. Proper form and citation skills are stressed.

TEXT: A Practical Guide to Legal Writing and Legal Method, by Dernbach and Singleton (2nd edition - W.S. Hein Company)

COURSE OBJECTIVES:
1. Students will list the common types of legal writing.
2. Students will describe the differences between informative and persuasive legal writing, will list instances of each type, and will identify ethical issues posed by each type of writing.
3. Students will analyze cases, correctly identify holdings, and determine what persuasive weight is due to a holding in a given situation.
4. Students will draft single case briefs, following a prescribed format.
5. Students will cite cases, statutes, Constitutions and regulations using correct Bluebook form.
6. Students will synthesize case holdings and will write an informative legal memo, following a prescribed form.
7. Students will synthesize case holdings and will write a persuasive legal memo, following a prescribed form.
8. Students will outline the steps of a trial and will identify the ethical duties of litigants, as they pertain to pleadings, motions, and other written documents pertaining to the pre-trial process and discovery.
9. Students will draft a complaint.
10. Students will draft an answer.
11. Students will draft a set of interrogatories.
12. Students will negotiate and draft a settlement agreement.
13. Students will use correct grammar, correct citation form, and clear sentences in all class work.

SAMPLE COURSE OUTLINE:
Each session below represents 3 classroom hours

Session One: Course Introduction. Summary of course content, requirements and grading policies. Types of legal writing. Purposes of legal writing. Ethical rules for legal writers.

Session Two: Clarity in legal writing. Small group exercises from "writing for lawyers." Legal rules and policies.

Session Three: Writing for a specific purpose and for a specific audience. Characteristics of effective writing. Small group letter writing in class. Letter
Writing assignment.

Session Four: Legal authority and precedent. Analyzing and briefing a case. In class exercises: briefing famous US Supreme Court cases. Single case
briefing assignment. Citation form for cases.

Session Five: Stare decisis and the evolution of law. In class examples on the evolution of a common law issue. Second case briefing assignment.

Session Six: Multi-case analysis. Reasoning by distinction and analogy. Writing an informative legal memo for use by a client. In class outline of
closed multi-case memo assignment.

Session Seven: Statutory analysis. Citation form for statutes, Constitutional provisions and regulations. Single case open (independently researched)
informative memo assignment.

Session Eight: Principles of persuasive writing. In class exercise: converting the single case informative memo into a persuasive memo in support of a
motion to dismiss. Using signals and explanatory parentheticals.

Session Nine: Overview of the litigation process. Documents used. Ethical issues and duties. Assignment: drafting a multi-case persuasive argument.

Session Ten: Drafting offensive pleadings. Stating a cause of action. Ethical rules. Drawing admissions. Complaint assignment.

Session Eleven: Defendant's options. Ethical duties and answers. Affirmative defenses, counterclaims and cross claims. Answer assignment.

Session Twelve: The discovery process. Types of writing used. Ethical rules. In class exercise: propounding and answering interrogatories. Interrogatory
assignment.

Session Thirteen: Drafting agreements. In class negotiation exercise. Settlement agreement assignment.

Session Fourteen: Other common types of legal writing. Using forms to draft Corporate resolutions and documents, powers of attorney and wills. In class
exercises.

Session Fifteen: Bluebooking and citechecking. In class exercises. Cite checking assignment.

Session Sixteen: Course review. Practice for CP Exam sections on Legal Analysis and Legal Writing.

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