The alleged poor writing skills of law students--Schiess's view
"Law students' writing skills are poor."
When a non-legal-writing law professor says this, I think it isn't true. Instead, here are the most likely explanations:
The professor is exaggerating the weaknesses of all students or extrapolating the weaknesses of a few students to all students.
Wayne Schiess
Website | Seminars | Articles | Books: Preparing Legal Documents Nonlawyers Can Read and Understand | Better Legal Writing | Writing for the Legal Audience | The Legal Memo: A Basic Guide
When a non-legal-writing law professor says this, I think it isn't true. Instead, here are the most likely explanations:
The professor is exaggerating the weaknesses of all students or extrapolating the weaknesses of a few students to all students.
- We all do this, don't we? And the older we get the more we do it, yes?
- I'm guilty of this, practicing lawyers are guilty of this, and certainly law professors are guilty of this.
- Law professors write law-review articles. The writing in law reviews is generally awful, but that's a generalization. Perhaps the writing of this particular, complaining professor is a true exception to the generally awful writing in law reviews. Maybe, but maybe not. Read it and see. And always remember that the articles the professor publishes are selected and edited not by peers but by students.
- No course--certainly not the first-year legal-writing course--teaches students how to write a timed essay exam. Poor writing perceived there can at least partly be blamed on the professor's failure to communicate expectations.
- No course that I know of--certainly not the first-year legal-writing course--teaches students how to write a seminar paper. Poor writing perceived there can at least partly be blamed on the professor's failure to communicate expectations.
Wayne Schiess
Website | Seminars | Articles | Books: Preparing Legal Documents Nonlawyers Can Read and Understand | Better Legal Writing | Writing for the Legal Audience | The Legal Memo: A Basic Guide
Thanks for the reply below. I think having a paragraph labelled "SUMMARY" up top is better than just having an Answer section and a Reasoning section. So . . .
SUMMARY
I'd like to get better at writing, and I have a plan.
STEP 1
Spend 15 minutes a day downloading and reading briefs.
STEP 2
Grade them (on a curve, of course).
STEP 3
Find 3 dozen old memos on my firm's file server.
STEP 4
Grade them.
STEP 5
Finally read Better Legal Writing.
STEP 6
GRADE IT. (jk)
A good friend told me that you only really get better at the things you wake up thinking about. So, maybe this will help me do that. It certainly can't hurt. But if anyone has any tips for finding quality briefs, or has worked with a really crackerjack lawyer I could search on Westlaw, or knows where to find some outstanding memos, then let me know.
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Many professors do not allow students to share article drafts with anyone to get feedback. Professors should understand that it's really hard for students to edit their own writing.
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I will say that my first year legal writing class did more to assist me in becoming a good writer than anything that I have ever done. But, given, I was writing memos and position papers.
However, the interesting part of this is that you spend your whole semester in preparation for a timed exam. And, you are right.... there is nothing taught that first year that will prepare you for that. That is a whole different animal in itself. Good discussion, though.
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