Friday, September 10, 2004

Warning: Long Rant Ahead

Ah, another Friday, another week of law school behind me. Am I looking forward to this weekend as a chance to relax, watch ND lose to Michigan, and do a little bit of reading?

No, and the reason for this is the evilness that is known as Legal Writing.

This is, by far, the most annoying course in my law school lineup (and not just because it meets at 8am). The amount of work assigned for that class is vastly disproportionate to the number of credits designated (2). But at least there is some warning on the syllabus as to how much must be accomplished, right? Not when our professor continually adds assignments. Sometimes these assignments come as barely intelligible emails, but more frequently she decides to throw them at us after class (which tends to run 10 minutes late as it is).

Frequently these assignments have little to no direction, leaving us to fumble around trying to do what is asked and earning only a "No, that's not right," come next class period. The textbook and course packet offer little in the ways of suggestions, and when one tries to follow the meager guidelines they do contain, the result is often the same rebuke as above.

We've now been given all the materials for our office memo, and a collection of "closed universe" cases to use. We briefed these cases for class yesterday. We then spent the entire class period discussing the cases and talking in circles about the relative merits of each case. The general class consensus seems to be that half the cases we've been given have virtually no applicable value to our fact pattern. Another student kept trying to use cases referenced by the cases we have (which lie outside of our little closed universe). In short, we were unable to determine a "rule of law" during class. Then came the assignment. By Sunday (that's two days before our next class) we are to synthesize all 8 cases to develop a single rule of law to apply to our case, then write up about half of the entire memo and email it all to her.

Ordinarily, this would just be a pain. But this weekend is a little bit different: it's Michigan weekend. The better part of our class has friends and family coming in from out of town, and there's a pretty good chance that few people will get much done. In light of these facts, one student asked if the due date could be pushed back to Tuesday. Our prof responds, "I don't want to hear those kinds of reasons." Another student shot back, "What reasons would you prefer? That we're swamped with work and reading from other classes? What are the magic words you need to hear?"

To this our prof said, "Well whatever you choose to do is up to you. But if you don't get it in by Sunday I won't be able to give you feedback on Tuesday. The memo is due on the 23rd. It's your grade."

The class itself is frustrating and out of step with the rest of my classes. In briefing a case for my other classes, we simply need to get a sense of what happened and what the result was. We're responsible for relevant facts. In LegWri, you'd better know all the minute details. The number of the statute, the exact height of trees, the defendant's wife's cousin's dog's middle name. For one class, we were to write out a brief. I briefed the case as I'd been briefing cases for my other classes (and successfully, I might add), and was told that my brief was not detailed enough. I use my briefs to refresh my memory on what the case was about and to list the relevant facts. Arguably, my brief didn't include all the minutiae she asks for, and maybe I'd need a few more details to write about it. But without any direction, were we supposed to simply know, intuitively perhaps, to do all this?

Finally, we never seem to accomplish anything in class (and this is not just because it's held at 8am). At best we talk in circles. At worst, students ask questions to which she never seems to have an answer and instead relies on other students to suggest several options, and the matter is never fully resolved. In other classes, a certain sense of ambiguity is expected and even encouraged as a type of philosphical discussion. Yet in LegWri, we're supposed to miraculously figure it out on our own.

So the workload is on the heavier side. Fine, it's to be expected in law school. Notice is an issue, too. Ok, it throws my schedule for a loop but I can manage the occasional new assignment due in a short period of time. But it'd be nice if we received some input on how to do what we're assigned.

We're constantly told how important it is to be able to write well as a lawyer. How are we supposed to do that without direction? And if we're simply expected to pick it up by jumping in and doing it (without instruction save, possibly, learning from our mistakes), our prof could be a bit more understanding if we don't magically get it right the first time around.

Ok, so I seem pretty worked up about this. In all, I just find it to be annoying and needed to vent a bit of frustration. Things aren't all that bad, but there is a sense that I'm lost and not sure of what I'm doing. Thanks for your patience and any words of advice/comfort you care to post. I'll read them eventually, but for now it's back to toiling in the law library over this assignment due Sunday night...

1 comment:

Brad said...

My first little bit of advice is that your legal writing professor appears to suck the big one. I'm sure you already know that though. My professor for legal writing (which was rolled in with legal research and lasted all year) was very cool, but also liked to add some assignments. Most notably, where these "supplemental assignments" where he gave us a question to find the answer to - such as "is the city responsible for maintaining clear sidewalks?" - and we had maybe a week to go through the library and find the answer. And we had to log everything we did and the time spent. These assignments were not graded and so technically weren't "required," but none of us dared not to do them. None of the other classes had to do this. We also had some exercises in the Neumann Legal Reasoning and Legal Writing book that he assigned. Now everyone else had to do these too, but at the rate at which he assigned them, we were done with them all when the other classes were like halfway done. Same thing for doing some Bluebook problems through an online website - I think the other classes go to these eventually, but we had completed them before our first paper (closed memo #1) while everyone else got to them after that assignment.

Despite having at least twice as much work as all the other classes, I am definitely glad I had my legal writing professor. Having us do all those supplemental exercises gave us additional opportunity to learn how to do research before we got to a paper where it actually counted. The book and Bluebook assignments were also good to have done so soon because we could use the information we learned there on the first paper, whereas everyone else was complaining they weren't told about it until after they got their papers back and saw all the red marks.

My legal writing professor also took us on two little "field trips" during the year, one to the Ohio Supreme Court Library (where it is much more quite to study, and there is so much more Ohio material than in the law library) and one to the Franklin Co. Common Pleas court to talk to Judge Brunner and watch some proceedinigs. Yeah it was fun to get away for a few hours, but it also was something that I found very good to do, and was something than no other classes did.

One especially good thing about my professor is that any question that we had, we could email him and he would get back to us promptly. He also tended to give rather ambiguous assignments, so it was good to be able to ask him and see what he wanted. He also allowed us to bounce ideas off of him to see if we were going in the right direction or hopeless off in left field. He was a really good professor.

As for your situation, the first year of law school for me too was quite difficult. But all the difficulty not only gets better as the year goes on and you start to understand how to do things, but it makes you stronger too. Just don't get down too much, and remember to turn to your friends and classmates when you feel frustrated as you do now. Have fun writing.