IRAC, mirroring and language control for LLM students in legal writing

“Lacks control of language” — This is one of those feedback comments that sounds incisive and succinct to us writing instructors but which, for non-native English speakers, is actually very subjective. It describes a writer who isn’t communicating her ideas in a clear or accurate manner.

In my writing work with LLM students, we work on the fundamentals of IRAC-style essays in the context of law school exams. And I work with my students on an idea we call “mirroring,” which means that certain key words from the Rule section need to also be present in the Analysis section. And those words then need to be equated with key facts to demonstrate that such facts do or do not meet the standard set by the Rule.

However, connecting rules and facts in one sentence frequently requires students to have the grammar to connect their ideas. Otherwise, the sentences come out as separate, seemingly disconnected statements. That is, they lack control of their writing. Also, when students lack confidence in their control of their writing, they often avoid the language they need to connect rule and facts, and the Analysis can end up just being a recitation of the facts followed by a leap to a conclusion. Continue reading

May 1 Webinar: “Teaching Global Skills to International and U.S. Law Students”

Teaching Global Skills to International and U.S. Law Students

I’ll be one of the participants in a Legal Writing Institute live webinar next Monday from 12-1pm together with Diane Kraft of University of Kentucky College of Law and also St. John’s Law colleague Patricia Montana.

The narrated PowerPoints (which have more detail than what will be discussed in the live webinar) are already available at http://www.law.msu.edu/glws​. (Note: At this link, you can also find great prior presentations by other legal writing specialists.)

See below for more details and info on how to register:

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The Legal Writing Institute’s Global Legal Writing Skills Committee is pleased to invite you to attend a free live webinar on Monday, May 1, 2017, from 12-1 pm EST on“Teaching Global Skills to International and U.S. Law Students.”   The webinar will feature the following excellent presentations, followed by Q & A:

1. Teaching A Variety of Lawyering Skills Using A Single Transnational Civil Litigation Problem
Patricia Montana, Professor of Legal Writing and Director of Street Law Program, St. John’s University School of Law

I will present on my advanced writing course, Drafting: Transnational Civil Litigation, which I designed to develop upper-level students’ lawyering skills in the context of transnational civil litigation.  My presentation will discuss how designing a course around a single litigation involving a central international trade law convention and a well-developed set of facts can easily simulate the realities of law practice in the global market and thus benefit students tremendously.  My presentation will walk through the course development, illustrate some of the design ideas, and explain the advantages of using a single litigation to tie together all of the assignments.

2. Current Research in Contrastive Rhetoric: What Does it Mean for the Legal Writing Classroom?
Diane B. Kraft, Assistant Professor of Legal Research & Writing, University of Kentucky College of Law

Contrastive Rhetoric has been an important area of scholarship for the disciplines of Second Language Writing and English for Specific Purposes since 1966. This presentation will discuss what the most recent research tells us about the uses and limitations of contrastive rhetoric, and suggests ways to use it effectively when teaching international students in the legal writing classroom.

3. The Power of Noticing in Teaching Legal Writing to LLM Students
Stephen B. Horowitz, Director of Legal English Programs and Adjunct Professor of Law, St. John’s University School of Law

One of the challenges of learning legal writing for non-native speakers of English (NNES) is that they often feel they are writing into a vacuum. That is, they don’t have a clear sense of what their writing should look and feel like, both in terms of discourse as well as language. This is because what might be intuitive for native English speakers (NES) is not intuitive for NNES.  A simple yet powerful tool for building a sense of intuition and an understanding of what’s expected is the act of noticing. Noticing can be used very effectively in combination with model answers written by NES to help draw LLM students’ attention to certain features of legal writing in order to figure out how to better organize their writing, how to make better arguments, how to improve their grammar, what transition and connection phrases to use, when to use commas, and any other writing related challenges the students may face.

The presenters have created narrated PowerPoint slides for viewing in advance of the live webinar.  They can be found at the top of the presentations list at www.law.msu.edu/glws. This website also contains the archived Global Legal Writing Skills presentations from previous webinars.

To participate in the live webinar, please follow these instructions:

  1. Click on the URL provided for the Meeting Room or type the URL into your web browser.
  2. Click Guest Login.
  3. Type an identifiable name (e.g., First and Last name).
  4. Click Enter Room.
  5. Mute your microphone and only type questions in Chat window

Katrina June Lee will moderate the live webinar. Please contact her at katrinalee@osu.edu with questions or issues regarding the webinar.

To register for this free event, please send an email to dmlavita@suffolk.edu with “GLWS Webinar” in the subject line.

On behalf of the GLWS Committee,

Rosa Kim, Suffolk University Law School
rkim@suffolk.edu