Assigning Chapters in A Lawyer Writes

Although the chapters in A Lawyer Writes generally follow the progress of a typical first-semester legal analysis and writing class, none of the authors of A Lawyer Writes assign its chapters in exactly the order they appear in the book.

Whether to write the book so that professors and students would not have to skip around was a topic of much debate when we began. None of us like skipping around in a book. Sometimes skipping around in a book can make students feel disorganized or, worse, make them think their professor is disorganized.

Ultimately, however, we decided it was best for students to see the process that they will ultimately use when writing a memo rather than the process they use when they are learning to write a memo. Thus, as discussed in the section Organization of A Lawyer Writes, this book is organized around the tasks that a junior attorney is likely to face. The downside to that decision is that you may need to skip around a little bit.

We manage the skipping-around-problem by being explicit with our students about what we are doing. For example, at the end of class when the next homework assignment is to read Chapter 6, which describes one legal argument, we might explain why we are skipping earlier chapters:

Tonight's homework is to read Chapter 6. It discusses how to build one legal argument. Building one legal argument is a core skill that we will return to again and again throughout the semester. Once you've built up this core skill, we'll return to some of the earlier chapters in the book and discuss the skills that precede the writing process. I'm skipping those chapters, though, to keep things simple for you.

(Yes. Whenever possible we tell our students, "Look! I'm making your life easier.")

Similarly, we do not always assign all the material relevant to one task in one assignment. For example, Chapter 7, Explaining the Law, and Chapter 8, Applying the Law, are each very long. So long, in fact, that they have been divided into sections. It would be very difficult for a student to learn everything there is to learn about explaining the law or applying the law in one fell swoop. Yet, we wanted to keep that material together so that students would know that all this information was relevant to one task.

Thus, you might make your students aware of why they are not reading an entire chapter.

Your homework assignment for our next class is to read Chapter 7. That chapter addresses one part of a legal argument — the explanation of the law. Please, however, skip § 7.3. That section addresses questions that come up when you are citing your explanation of the law. Although proper citation is an important part of explaining the law, I don't want to overwhelm you with too much information at once. So we'll come back to § 7.3 once you are more comfortable with the other material in Chapter 7.

Here, we provide you with one generic way in which you might assign the chapters from A Lawyer Writes using the kinds of assignments described in the section Writing Assignments to Use with A Lawyer Writes. It assumes a 14-week semester and two classes per week.

You will notice that reading assignments are longer at the beginning of the semester than they are later in the semester. Earlier in the semester, students need to learn a lot of skills at once; hence, more reading. Later in the semester, students are practicing those skills they have already read about; hence, less reading, more practice. Later in the semester, though, students will benefit if they go back and re-read chapters previously assigned. We are often explicit about that by including a "re-read assignment" in our syllabi.

In addition, please note that our chapters are not of equivalent lengths. Some skills simply take longer to explain than others. So, below, we have provided you with a tally of the "total pages assigned" for each assignment. As you are designing your own syllabus, we encourage you to check the length of each chapter before assigning it.

One Legal Argument

The assignments for classes 1 through 3 provide students with the skills necessary to write one legal argument.

Class 1

• Introduction, pp. xvii-xviii, sets the scene (a new attorney receiving a research assignment). The Introduction should be required reading.
• Ch. 1, How Attorneys Communicate, pp. 3-13, explains what a memorandum is, gives a sample memorandum, explains how a memorandum comes to be (read client file, research, write, revise, polish, file in office files), and describes (broadly) the role of e-mail. By explaining what a memo looks like and how it is used, this chapter gives students context for the work ahead.
• Ch. 2, Sources and Systems of the Law, pp. 15-31, begins by describing the three branches of government and the kinds of law they create. Then, it explains the basic principles of legal analysis: jurisdiction (state and federal), hierarchical court systems (state and federal), stare decisis, and precedent.

Total pages assigned: 29

Class 2

• Ch. 4, Finding Your Argument, pp. 57-66, discusses how to find a governing rule and break it down into its elements or factors. In this book, we can use the term "governing rule" to refer to the rule that governs a single legal claim.
  The chapter explains where governing rules comes from (a statute, case law, or a synthesis of authorities); the parts of a governing rule (elements and factors); how to break down a governing rule into elements and factors; and why one breaks down a governing rule into elements and factors (because each will forma separate legal argument). It also describes a variety of common tests, e.g., balancing tests, totality of the circumstances test, and prong tests.
• Ch. 6, One Legal Argument, pp. 81-85, describes the parts that comprise a legal argument. It then matches the terms we use ("Conclusion," "Explain the law," "Apply the law") with the terms that are often used by others (IRAC, CREAC, CRRPAP, etc.).
• Ch. 7, Explaining the Law, pp. 87-121, is composed of three sections. Section 7.1 explains how to synthesize and write rules. Section 7.2 explains (in great detail) how to write a case illustration. Section 7.3 addresses common citation questions. By reading the pages above, students will skip § 7.3.

After reading these chapters, students are ready to break a statute down into its elements and draft a short explanation of the law based on one or two short cases.

Total pages assigned: 48

Class 3

• Ch. 8, Applying the Law, pp. 129-149, 161-163, has four analytically linked sections. Each section discusses an aspect of the application of the law. Section 8.1 explains when to use and how to construct Rule-based reasoning. Section 8.2 explains when to use and how to construct analogical reasoning (both similarities and distinctions). Section 8.3 explains counter-arguments. Section 8.4 explains how to organize the application section and is a foundational chapter for Chapter 16's discussion about editing a memorandum. If students read the assigned pages, they will skip § 8.3.
• Ch. 9, Conclusions to One Legal Argument, pp. 165-170, explains that legal arguments include conclusions at many different places: at the top and bottom of each legal argument and sometimes in the middle of an argument to introduce the application.
  The chapter also explains why lawyers usually, but not always, prefer conclusions to issue statements. It acknowledges that the number of conclusions within a legal argument may seem repetitious, why attorneys like that repetition, and how to prevent the repetition from seeming repetitious.

After reading these chapters, students are prepared to write one legal argument.

Total pages assigned: 30

One Legal Argument with a Counter-argument

When the students start their second assignment, you may want to emphasize that you are starting the same process over again. In other words, you are giving the students the opportunity to practice the skills they have learned, but on a more complex problem. In this legal argument, students will be writing a counter-analysis and they will learn how to organize their authorities.

Class 4

• Ch. 5, Organizing Your Legal Authorities, pp. 67-68, 71-73, is divided into two parts: charting legal authorities and outlining legal authorities.
  This reading assignment focuses on charting cases as a way to organize before writing. The chapter shows two different ways to chart authorities. The first chart, discussed on pages 68-70, shows how to organize authorities based on whether a claim (or criminal charge) succeeded or failed.
  The second chart, discussed on pages 71-73, shows how to organize authorities based on the elements that will comprise a claim.
  You may want to assign reading according to the chart you think will be most helpful to your students. The pages assigned above direct students to the element chart.
• Ch. 8, § 8.3: Applying the Law: Counter-analyses, pp. 151-160.

In addition to the reading assigned above, students are likely to be reading a fact pattern and two or three relevant cases. The students can then chart the cases. Doing so will prepare them for a class discussion about how to organize and analyze the legal issue.

Total pages assigned: 15

Class 5

• Ch. 16, Editing and Polishing, pp. 243 to the top of 252, is a detailed chapter that describes how students can effectively edit their own work. The reason to assign Chapter 16 in parts is to instill the idea that every memo must be edited. This first reading explains how to check the content and organization of each legal argument. It reflects the organizational concepts discussed in § 8.4; therefore § 8.4 should be assigned in advance of this section.

Students can come to class with a hard copy draft of their legal argument. In class you can answer questions and give students an opportunity to edit or peer-edit based on the concepts they've read in Chapter 16. They can then hand in a revised argument at the beginning of the next class.

Total pages assigned: 8

A Partial Memorandum (Closed Universe)

At this point, you may again want to emphasize that with this next assignment students will be using the same skills that they have learned in previous exercises, but building upon them. In this assignment, students will draft more than one legal argument. Their memo will therefore require an introductory paragraph that will introduce the governing rules and the elements that will be addressed.

Class 6

No assignment from A Lawyer Writes. At this point students are reading the authorities for their next writing assignment. You may want to direct students back to Chapter 5, Organizing Your Legal Authorities, and/or require them to hand in charts that organize the authorities.

Class 7

• Ch. 12, The Discussion Section: Introducing and Connecting Legal Arguments, pp. 197-212, addresses how to build an introduction, point headings, and roadmaps between legal arguments.

Total pages assigned: 16

Class 8

No assignment from A Lawyer Writes.

Class 9

• Ch. 7, § 7.3, Explaining the Law: Citing the Law and Avoiding Plagiarism, pp. 121-127. This section is not a repeat of The ALWD Manual or the Bluebook. Rather, it addresses questions that commonly come up despite the students' having been assigned reading in a citation manual. Now that students are more comfortable with writing a legal argument, they are probably ready to absorb more details about citations.

At this point, you may want to require students to bring a draft of the introduction and first element of their writing assignment to class. That will ensure that students are not waiting until the last minute ti write. It will also give you an opportunity to address questions about those sections in class.

Total pages assigned: 8

Class 10

• Ch. 16, Editing and Polishing, pp. 243-264. Students have already read pp. 243-251 in Editing and Polishing, but you may want to re-assign those pages along with the rest of the chapter to emphasize that it's all one process.

Again, you may ask students to bring a hard copy of their memorandum: this time, a complete draft of what they will be handing in. You can use class time to answer questions and allow in-class editing.

Total pages assigned: 20

A Revised Memorandum (Closed Universe)

This assignment is a continuation of the previous assignment. It allows students to respond to comments you provided on the first part of the memorandum, and it allows students to complete the memorandum by adding a Statement of Facts and final Conclusions.

Classes 11 & 12

No assignment from A Lawyer Writes. While you review the students' most recent assignment, you may want to avoid additional writing assignments that would also have to be reviewed. You might consider assigning research tasks, discussing client interviewing skills, or negotiating skills at this time.

Class 13

• Ch. 14, Statement of Facts, pp. 229-237.
• Ch. 15, Conclusion to the Memorandum, pp. 239-241.

Total pages assigned: 12

Classes 14, 15, & 16

No assignment from A Lawyer Writes. During these classes, students are completing their revised memos. You may also use class time to schedule individual conferences to discuss how students intend to address comments you gave to them on their first drafts.

Second Memorandum (Open Universe)

Students will now have all the skills they need to write a formal memorandum.

Classes 17 to 23

No assignment from A Lawyer Writes. Students work on their second memorandum of the semester. Because students have covered nearly all of the skills they need to analyze the law and write the memorandum, there are few reading assignments from A Lawyer Writes. Class will be focused on reviewing the research students have done and developing their arguments.

Class 24

• Ch. 5, Organizing Your Legal Authority, pp. 73-79. This portion of Chapter 5 addresses outlining. Assign this portion of Chapter 5 at whatever point you would like to discuss outlining with your students. Many professors will assign this material earlier. Others will use charts in earlier assignments and an outline in this later assignment.

Total pages assigned: 7

Class 25

• Ch. 13, Question Presented and Brief Answer, pp. 213-228.

Total pages assigned: 16

Classes 26, 27, & 28

No assignment from A Lawyer Writes. During these final classes of the year, students will be finalizing their final writing assignment of the semester.

Unassigned Chapters

• Ch. 3, Reading for Comprehension, pp. 33-56, describes the parts of a statute and a judicial opinion, and it explains how to read each critically. You may want to assign this chapter along with Chapter 2, Sources and Systems of the Law. Please note that there is some overlap between Chapter 3's discussion about reading a statute and Chapter 4's discussion about how to break down a governing rule.
• Ch. 10, Policy, pp. 171-178. Assign this chapter if an assignment relies on a policy argument.
• Ch. 11, Statutory Analysis, pp. 179-196. Assign this chapter if an assignment includes a statutory construction argument.
• Appendices 1, 2, and 3 include three sample memos. Appendix 1 includes "more effective memo" analyzing and adverse possession question. Appendix 2 includes a "more effective memo" analyzing a claim of intentional infliction of emotional distress. Appendix 3 includes a "less effective memo" analyzing the same intentional infliction of emotional distress claim addressed in Appendix 2.
  Often professors will assign students to read a sample memo as one of the first assignments of the semester. After reading the sample, the class can discuss the different parts of the memo and discuss the purpose of each part.

The syllabus above is, of course, not the only way to assign chapters in A Lawyer Writes. We are pleased that A Lawyer Writes is well suited to many different teaching styles and many different programs. To give you a sense of the different ways you might assign chapters in A Lawyer Writes, we encourage you to review the Syllabi from Professors Who Use A Lawyer Writes.