A first-year law student recently told me, “You’ve got to learn the rules in order to break them.” The comment struck me as a smart distillation of what legal writing is all about, and why we teach it the way we do. More than that, it offers a helpful framework students can return to as they move through the course, wrestle with the challenges of legal writing, and begin to develop their own voice as future lawyers.

Former Justice William J. Brennan believed “oral argument is the absolutely indispensable ingredient of appellate advocacy. . . . [O]ften my whole notion of what a case is about crystallizes at oral argument. This happens even though I read the briefs before oral argument . . . .

With the anticipated launch of the NextGen bar exam next year, transactional lawyering skills are enjoying increased attention in first-year law school curricular development. At the same time, recent amendments to ABA Rule 303 have made it essential for new law students to learn about the profession’s core values and responsibilities. While these evolving priorities open the door to pedagogical innovation, incorporating two distinct topics into an already packed curriculum can be challenging.

A legal drafter’s constant challenge is choosing language that captures the parties’ or legislative body’s intended meaning without being over precise or too vague. The drafter must shape language, striving for that elusive “perfect” word or phrase that will allow the contract or law to remain effective and reasonably flexible into the future. This technique takes practice. 

  “2Ls tell me this class will end up pretty heavy, but I feel good so far. So, when is the other shoe going to drop?”