Saturday, June 15, 2013
Earlier this week, we posted about Sherri Lee Keene's important article on the role of legal writing in solving legal education's problems. She has a shorter, excellent piece on the same topic in the National Law Journal. This version is the perfect length to circulate to your faculty or dean. From the article:
Engaging in legal writing has many learning benefits. The act of writing affords the writer an opportunity to think through a legal problem, engage deeply with the law and facts, and expand her knowledge of the law and practice. By analyzing legal problems and developing her ideas through the writing process, a student better understands the substantive law and procedure relevant to an assignment. In discussions with the professor on writing assignments and from feedback received, a student learns to make professional decisions and gains confidence about the prospect of practicing law. Work on writing assignments offers a student an opportunity to apply her knowledge of the law in a practical context, with the benefit of expert guidance.
Even though many practitioners share these positive legal writing experiences, a disconnect exists between the vast potential for learning from writing and the limited role of practical legal writing in legal education. It is often seen through a narrow lens as an isolated skill to be learned in designated courses. Yet writing can provide a wealth of learning opportunities, the benefits of which can be realized by the student throughout law school and later in practice. As law schools ponder how they might better prepare students to meet the increasing demands of legal practice, they need to go back to basics and consider the greater role that practical legal writing should play in building practice competence.