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English 392: Legal Writing

Professor John Kim

Fall 2016/Section 1301

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Location: Tawes 0234 (Tues/Thurs)

Class Time: Tues/Thurs 12:30 PM – 1:45 PM

Email:

Office Location: Tawes 2132

Office Hours: Tues1:50 PM–3:50 PM

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Course Description

Welcome to English 392: Legal Writing at the University of Maryland. This course satisfies the Professional Writing requirement for undergraduates and is geared towards students who wish to pursue careers in law and public policy. It teaches students how to accommodate the many different audiences that lawyers may have to write for throughout their careers with an emphasis on assignments that a law student and a junior associate may have to tackle.

The most important thing that lawyers must be aware of when drafting a piece of writing is: who will the audience for this be? A memorandum to a partner in your law firm will be very different from a memorandum to a client, just like a pleading submitted to court will be very different from a letter sent to an opposing attorney. Being able to adjust your writing and your language for each of these situations will be key to your success in this class and in the legal world beyond.

I want you to treat this classroom as an open forum where a sincere exchange of thoughts and opinions can flow freely. In class we will have conversations about what makes a piece of legal writing effective. Please don’t worry about having the “right” or “wrong” answer in class. As the 19th century philosopher John Stuart Mill theorized on the freedom of expression, I want us, together as a class, to seek out the truth in all opinions on a given subject. Please come to class with an open mind, an intellectual curiosity, and a readiness to engage in conversation.

Course Goals

Upon completion of this course, you will be able to:

  • Analyze a variety of professional rhetorical situations and produce appropriate texts in response.
  • Understand the conventions of legal prose, a specialized form of writing that emphasizes logic and persuasion.
  • Learn how to read and write about cases, how to apply legal principles to factual scenarios, and how to organize their written analyses.
  • Understand the stages required to produce competent, professional writing through planning, drafting, revising, and editing.
  • Practice the ethical use of sources and the conventions of citation appropriate to each genre.
  • Write for the intended readers of a text, and design or adapt texts to audiences who may differ in their familiarity with the subject matter
  • Use Standard Written English and revise and edit your own writing for appropriateness. You will take responsibility for such features as format, syntax, grammar, punctuation, and spelling.
  • Produce cogent arguments that identify arguable issues, reflect the degree of available evidence and take account of counter arguments.

Required Books

Shapo, Helene, Marilyn Walter, and Elizabeth Fajans. Writing and Analysis in the Law. 6th edition.

Foundation Press. ISBN: 978-1-60930-272-6

Course Policies and Procedures

For a complete listing of course related polices for all undergraduate courses at UMD, please refer to the Office of Undergraduate Studies website:

There you will find overarching polices related to attendance, academic integrity, student conduct, and other policies relevant to your participation in a course as a UMD student. You should consider the following policies to be reiterations, additions, or clarifications to those general policies as they pertain to this section of English 392.

  1. Attendance

Regular and punctual attendance. The writing you do in English 392 will be based on skills you will develop and hone in class. If you miss class for any reason, it will be your responsibility to find out what you missed and how you can make up the work. Unexcused absence and tardiness will be counted against your Participation grade.

Unexcused or “discretionary” absences. Discretionary absences should be viewed not as “free days” but as days you may need to deal with emergencies. You may miss two full weeks of class without substantial penalty—you will, however, lose participation and attendance points for those missed classes. For each unexcused absence after two weeks, your final grade will be lowered by one full letter grade. This means that if you have an A average but have five unexcused absences (the equivalent of two weeks plus one class), you will earn a B in the course.

  1. Participation

You are expected to be prepared for class and to participate in class discussions, to be able to respond to questions posed to you, to have drafts when they are due, and to complete in-class writing activities. You will not receive a higher Participation grade for raising your hand often, nor will you receive a low Participation grade if you never raise your hand. While I rely on students to raise their hands in class, I will also call on students in order to get a conversation started. My hope is that everyone will be able to contribute in a meaningful way to classroom discussion.

Your active participation will contribute to your final grade. Your Participation grade is evaluated on the basis of your attendance record and your engagement with in-class instruction. For example if you have four unexcused absences and are unable to answer a question based on that day’s assigned reading, you will receive a “C-” grade for Participation.

  1. Late Papers

Papers are due on the date designated on the course syllabus. Assignments that are due on a day when we meet for class should be completed by or before the beginning of class. Assignments that are due on a day when we do not meet for class should be completed and uploaded to ELMS/Canvas by or before 11:59 p.m. on the due date. Late papers will be marked down one letter grade per day late, including weekends.

  1. Draft Workshops

Draft workshops enable you to develop two major writing skills that are integral to this course: (1) learning to be a critic of your own writing and the writing of others, and (2) learning how to revise your work given comments and questions from your peers. Your writing will improve by having others read and respond to it.

We will have a draft workshop before each assignment is due. During these sessions, you will exchange your paper with a peer (or peers) in the course and offer revision suggestions. You will not receive critical feedback from the instructor on these drafts, but you will be given credit for completion. You will receive in-class or online peer review feedback on these drafts. If you would like instructor feedback on a draft, you should contact the instructor via email or in office hours.

  1. Paper Format

Paper formats will change for every assignment per the audience of the writing. In general though, you should use Times New Roman 12 point font for all assignments.

  1. Office Hours

Think of my office as an extension of the classroom and use my office hours to discuss any aspect of your writing or reading, as well as any questions you may have about class procedures or requirements. Come to office hours with questions about class discussions, writing techniques or strategies, and so on. During my open office hours, you may stop in my office whenever you like. I am also happy to schedule another time to meet if my office hours conflict with your schedule.

We will have two scheduled one-on-one conferences in my office or a designated conference room. These meetings aremandatory. If you cannot attend our scheduled conference, please email me at least 2 hours before our planned time. If you miss our conference without emailing, I will count it as a class absence.

  1. Email

I’m always happy to answer questions via email. Before you email me with a question, first check class handouts and the available files on the Canvas/ELMS site to see if your question can be answered there. When emailing, include a subject header, “Re: Engl 392-[insert appropriate issue]”. Always sign your emails with your name. Please do not use emoticons.

  1. Extra Credit

There is no extra credit offered in this course.

  1. Writing Center

All students should consider visiting the tutors at UMD’s Writing Center as a way to improve the overall quality of their writing. The writing center is for all student writers—including those who see themselves as strong writers. It is an excellent resource for you; please take advantage of it.

The Writing Center offers both daytime and evening hours. Online tutoring is also available. You can make an appointment through the website below.

Website: <

Address: 1205 Tawes Hall

(301) 405-3785

  1. Food

There is no loud or smelly food allowed in class. If you have food in class try to be mindful and respectful of your classmates.

  1. Cell Phone and Laptop Policy

Use of phones in class is strictly prohibited. Laptops and tablets are allowed only for reviewing drafts of papers. Be prepared to take notes and perform in-class writing with a pen and paper. It is possible to attend every class and still receive a failing Participation grade based on your cell phone use.

  1. Academic Integrity

Plagiarism, whether it is submitting someone else’s work as your own, submitting your own work completed for another class without my permission, or otherwise violating the University’s code of Academic Integrity, will not be tolerated.

  1. Accommodations for Student Learning
    Your success in this class is important to me. If there are circumstances that may affect your performance in this class, please let me know as soon as possible so that we can work together to develop strategies for adapting assignments to meet both your needs and the requirements of the course. Adjusting to the demands of college life can be challenging for students, which is why the university has a number of resources to help its students. Most of these resources are located at the Counseling Center, which is located in the Shoemaker Building. The Counseling Center offers counseling, learning assistance, and accessibility and disability services.

In order to receive official university accommodations, you will need to register and request accommodations through the Office of Accessibility and Disability Services, which provides services for students with physical and emotional disabilities. Information about Learning Assistance Service and/or Accessibility and Disability Service (formerly known as Disability Support Services) can be found

You can also reach the Counseling Center by phone at 301-314-7651.

Grading

Grades

The percentages of contribution to your final grade are as follows:

Discussion board posts, blog posts, draft workshops, reading quizzes, Reflective Writing Assignments 15%k / 10%
Participation / 5%
Personal Statement / 15%
Case Briefing / 15%
Legal Memorandum to Partner / 20%
Legal Brief / 20%
Letter to Client / 15%

Course Assignments

Personal Statement:Your audience for this assignment is the admissions officer of the law school of your choice. Your transcript and resume speak for themselves. So what is it about you that will make them want to pick you out of thousands of applicants to fill one of a few hundred seats of the incoming class of law school students?

Case Brief: For this assignment, you will breakdown and summarize a legal opinion into its component parts.

Legal Memorandum: Your boss asks you to write her a memo about a legal issue that a client is having. It is your job to write a memo that gives an overview of the pertinent statutes and case law and analyze how your client’s issue might be argued.

Legal Brief: Legal briefs are the documents that you submit to court on behalf of your client. Your audience here is the judge, but you must also keep in mind that the opposing side will be submitting a reply brief as well. You will need to support your side while also countering arguments from your opposition.

Letter to a Client: Now that you’ve submitted your briefs for a case, you’ve got to break some news to your client. Your client doesn’t understand legalese. You still need to be able to find the language to explain complex legal issues to a layperson—and also tell your client the likelihood of your success.

English 392 - Course Schedule

WAL – Writing and Analysis in the Law

Day / Session Objectives / Reading Due / Writing Due
Week 1
Day 1: Aug. 30 / Introductions; Discuss Syllabus; Course Objectives
Day 2: Sept. 1 / The Legal System; Personal Statements; Rhetorical Situation / WAL – 1-11 (Chapter 1) / Blog #1 (Introduction)
Week 2
Day 3: Sept. 6 / Personal Statement; Writing Sentences / WAL – 225-246 (Chapter 10) / Blog #2 (Personal Statement Brainstorm)
Day 4: Sept. 8 / Personal Statement Peer Review / Draft of Personal Statement due -- upload to Canvas and bring to class for peer review
Week 3
Day 5: Sept. 13 / Overview of Legal System and Case Law; IRAC / WAL – 11-38 (Chapter 1) / Blog #3 (Personal Statement Process and Message)
Day 6: Sept. 15 / Intro to Case Brief assignment / WAL – 39-63 (Chapter 2) / Final Draft of Personal Statement due – upload to Canvas
Week 4
Day 7: Sept. 20 / Reading Judicial Decisions / WAL – 63-86 (Chapter 2) / Blog #4 (Reflection on Personal Statement)
Day 8: Sept. 22 / Reading Statutes / WAL – 87-111 (Chapter 3)
Week 5
Day 9: Sept. 27 / Case Briefings / Draft of Case Brief of at least 2 cases due -- upload to Canvas and bring to class for peer review
Day 10:
Sept. 29 / Case Briefings / Draft of Case Brief of 2 different cases -- upload to Canvas and bring to class for peer review
Week 6
Day 11:
Oct. 6 / Introduction of Legal Memorandum; Application of law and macro-organization / WAL – 111-134 (Chapter 4) / Final Draft of Case Briefs Due
Day 12: Oct. 8 / Application of law and micro-organization / WAL – 135-153 (Chapter 5) / Blog #5 (Reflection on Case Brief Assignment)
Week 7Day 13: Oct. 11 / Writing the Legal Memorandum / WAL – 163-188 (Chapter 7)
Day 14: Oct. 13 / More on the Legal Memorandum / WAL – 189-202 (Chapter 8)
Week 8
Day15: Oct. 18 / NO CLASS - CONFERENCES / WAL – 203-223 (Chapter 9) / Draft of Legal Memorandum Statement of Facts and Question Presented - upload to Canvas and online peer review
Day 16: Oct. 20 / NO CLASS – CONFERENCES / Complete online peer review by 11:59 PM tonight
Week 9Day 17: Oct. 25 / Peer Review of Legal Memorandum; Introduction to Legal Brief / WAL – 349-360 (Chapter 15) / Full draft of Legal Memorandum due -- upload to Canvas and bring to class for peer review
Day 18: Oct 27 / Components of a Trial Brief / WAL – 361-365, 370-396 (Chapter 15) / Final draft of Legal Memorandum due
Week 10Day 19: Nov. 1 / Preparation of Trial Brief; Macro-Structure / Blog #6 (Reflection on Legal Memorandum)
Day 20: Nov. 3 / Preparation of Trial Brief; Micro-Structure / Blog #7 (Outline with Headers)
Week 11
Day 21: Nov. 8 / Preparation of Trial Brief / Draft of Caption and Introduction due -- upload to Canvas and bring to class for peer review
Day 22: Nov. 10 / Preparation of Trial Brief / Draft of Caption, Introduction, Statement of Facts, and Question Presented due -- upload to Canvas and bring to class for peer review
Week 12Day 23: Nov. 15 / NO CLASS - CONFERENCES
Day 24: Nov. 17 / NO CLASS - CONFERENCES
Week 13Day 25: Nov. 22 / Peer Review of Legal Brief / Full Draft of Legal Brief -- upload to Canvas and bring to class for peer review
Day 26:
Nov. 24 / NO CLASS – THANKSGIVING BREAK
Week 14 Day 27:
Nov. 29 / Introduction to Letter to Client / WAL 305-327 (Chapter 14) / Final Draft of Legal Brief Due
Day 27: Dec. 1 / Letter to Client and others / WAL – 328-348 (Chapter 14) / Blog Post (Planning for Letter to Client)
Week 15 Day 28: Dec. 6 / Peer Review Letter to Client / Full draft of Letter to Client Due – upload to Canvas and bring to class for peer review
Day 29: Dec. 8 / Open office hours in class with Professor Kim / Final Draft of Letter to Client Due at 11:59 PM