The Tortured Lawyers Department: What Taylor Swift’s Newest Album Can Teach Students About Persuasive Legal Writing
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<h3><span><span><span>Introduction</span></span></span></h3>
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<p><span><span>I hate page limits. I also hate overlong legal writing, but I don’t think page limits are the best solution for that problem. Overlong legal writing happens for three main reasons: wordiness, writing about irrelevant issues, and providing too much rule explanation or rule application on relevant issues. Much has been written on the first of these,<a href="#_ftn1" name="_ftnref1"><span><span>[1]</span></span></a> and we all work with our students on avoiding the second by teaching them how to identify relevant issues.
<p><span><span>Most students are unpleasantly surprised by their first set of law school grades. After working diligently and expecting whatever worked well in undergraduate classes to work in law school classes, many well-intentioned students are disappointed that they did not get an A on their first legal writing assignment. I was. I came to law school expecting to receive glowing praise on my writing assignments. After all, I had a lot of undergraduate academic writing experience.
<p><span><span>It is no secret that law students face high levels of stress that can manifest in challenging mental and physical outcomes.<a href="#_ftn1" name="_ftnref1"><span><span>[1]</span></span></a> The rigors of undergraduate study do not necessarily prepare students for the challenges they will face in law school.
<p><span><span>Pop culture can teach us a lot about the law: almost everyone knows the <em>Miranda</em> warnings and can recite them by heart, thanks to <em>Law and Order</em> and other crime dramas,<a href="#_ftn1" name="_ftnref1"><span><span>[1]</span></span></a> the concept of a “conservatorship” is familiar to many because of Brittany Spears,<a href="#_ftn2" name="_ftnref2"><span><span>[2]</span></span></a> and the notorious RBG has become a household name, recognizable in a
<p><span><span>Many of us have counseled students experiencing imposter syndrome in law school, especially if we primarily teach 1Ls.
<p><span><span>I am both a legal writing professor and a language student—I am learning to speak German. In German, some nouns are feminine, some are masculine, and some are neuter. Why? For seemingly no reason at all. This non-explanation is hard for me to accept. First-year law students, too, are learning a new language. In the same way I felt frustration with German gendering, my students felt skepticism, frustration, and doubt in the face of the new norms and expectations I asked them to follow in our first-year legal writing course.
<p><span><span>Motions. Briefs. Oral arguments. For students interested in a transactional career, a typical legal writing semester focused on persuasion sometimes feels like it is centered on inconsequential litigation-style assignments. What many students do not realize, however, is that many skills learned in a persuasive semester, including through the context of litigation-style assignments, are transferrable to transactional contexts and help students prepare for careers in transactional practices. </span></span></p>
<p><span><span>As early as two weeks into the fall semester, I already hear it. With a knowing look, some of my students announce that “1L is the time to grind it out,” while others proudly declare, “My well-being is really important to me, so I am OK with getting all Bs.” </span></span></p>
<p><span><span>Why are students reluctant to attend faculty office hours? For years, this issue has confounded me. Students’ meeting with faculty outside of class has been shown to increase their comprehension and retention of material, satisfaction, engagement, and sense of belonging.<a href="#_ftn1" name="_ftnref1"><span><span>[1]</span></span></a> That is why I tell my students that I am almost always in my office, my door is always open, and they may drop by with any questions they have—no appointment needed.