Teaching the Habits of Law School Success: Lessons from the Legal Writing Classroom
The conversations we already have
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The conversations we already have
“Know your audience.” It’s evergreen legal writing advice. And it’s advice to remember when addressing the very specific audience for the bench memo in an oral argument simulation: a fake judge.
I. Navigating uncertainty in legal writing
Shortly after ChatGPT launched in late 2022, I was doing what most of us were doing: testing it, poking at it, trying to figure out what it could and couldn’t do. On a whim, I asked it to write a love poem for my husband. It produced something earnest, rhyming, and profoundly mediocre. I called him into the room. “I wrote you a poem,” I said, and read it aloud with as much feeling as I could muster.
Introduction
Students in legal research and writing often ask two deceptively easy questions: “Where do I start?” and “How do I know when I am done?” Even after learning how to spot issues, select jurisdictions, identify sources of authority, and navigate legal research platforms, many remain uncertain about these questions. They resurface in upper-level research and writing courses, as well as in internships, clerkships, clinics, and jobs.
Last fall, we independently decided to register for new writing classes to challenge ourselves, expand our writing skills, and regain insight into the beginner’s mindset that our 1L students adopt as they learn legal research and writing. We both expected more growth than challenge.
In the world of legal writing instruction, we’re in a transition not unlike the one agricultural workers faced when they moved from animal-powered to steam-powered farming equipment. In the pre-industrial era, many humans had agricultural jobs that involved significant physical labor. Some built muscles and motor memory naturally as they guided a horse-drawn plow. Then the industrial and technological revolutions arrived.
Large Language Models (LLMs) in Artificial Intelligence (AI) have made it easier than ever for students to outsource legal research and writing, circumventing the learning process and posing an existential threat to the concept of academic integrity and honesty. Students need only produce a prompt of no more than a few sentences describing their assignment to receive a polished, high-quality piece of work within minutes.