The Case For Legal Writing

Summary

In this discussion, the speaker underscores the crucial role of legal writing in a litigator's career. From preparing persuasive memos to impressing potential employers with writing samples, the ability to communicate effectively through written word is fundamental. Legal writing is vital not only for guiding judges and lawyers but also for securing job opportunities in competitive fields like litigation. The speaker stresses the importance of strong legal writing skills, particularly for law students, noting that a well-crafted argument can make all the difference in both courtrooms and hiring decisions.

Takeaways

• 😀 Legal writing is a crucial skill for litigators and integral to their practice.
• 😀 Clear and persuasive writing helps guide judges to the desired conclusion even before oral arguments.
• 😀 Effective legal writing is vital not only for communication within the legal team but also for persuading external parties, including judges.
• 😀 Legal writing plays a significant role in securing legal jobs, especially since writing samples are often requested during the hiring process.
• 😀 The ability to write persuasively is considered 90% of being a litigator, highlighting the power of written arguments over oral ones.
• 😀 A strong emphasis on legal writing during law school is essential for future success in litigation.
• 😀 A well-organized, clear, and efficient argument in writing is more effective than a disorganized one.
• 😀 When applying for positions such as summer jobs or judicial clerkships, a writing sample is often the first thing that employers see.
• 😀 Poor legal writing can significantly diminish the chances of securing a job or furthering a legal career.
• 😀 Legal writing is not just a skill for the courtroom—it impacts an attorney’s entire career, from job applications to client communications.

Q & A

What role does legal writing play in litigation according to the speaker?

Legal writing is crucial in litigation as it helps to orient the judge and persuade them on the direction of a case. It is a key skill in legal practice, as much of an attorney's work involves written communication, whether it's emails or court documents.

Why is legal writing emphasized early in a law student's education?

Legal writing is emphasized early because it is foundational to a successful legal career. The speaker's mentors stressed its importance, and the speaker worked closely with professors to perfect these skills, understanding their long-term significance in practice.

How does legal writing impact job opportunities for law students?

Legal writing plays a significant role in job opportunities for law students. Employers often request a writing sample when considering candidates for summer employment or clerkships, and a well-crafted writing sample can greatly influence hiring decisions.

What is the significance of the first impression created by a legal writing sample?

The first impression made by a legal writing sample can be decisive. A poor writing sample might lead to an immediate rejection, whereas a strong, clear, and persuasive sample could secure the candidate a position.

What does the speaker consider a well-crafted legal memo?

A well-crafted legal memo is one that presents a clear, efficient argument. The speaker appreciates when the argument is organized in a way that allows quick understanding of the key points and positions.

How does the speaker view the relationship between legal writing and oral advocacy?

The speaker sees legal writing and oral advocacy as complementary. Legal writing sets the stage for oral advocacy by presenting the argument clearly and persuasively. While oral advocacy is important in the moment, written arguments can last much longer.

What percentage of a litigator's work does legal writing account for?

Legal writing accounts for about 90% of a litigator's work. Effective legal writing is essential to persuade judges and others involved in a case before stepping into the courtroom.

How does legal writing contribute to persuasion in the legal field?

Legal writing is a powerful tool for persuasion, as it allows attorneys to present their case in the strongest possible way. Whether persuading a judge or a jury, a well-written document helps convey the attorney's position clearly and convincingly.

What is expected from law students applying to a law office, according to the speaker?

Law students applying to a law office are expected to demonstrate strong legal writing abilities. Being able to communicate effectively in writing is seen as a fundamental skill that is evaluated through writing samples submitted during the application process.

What does the speaker recommend regarding choosing a law school for aspiring litigators?

The speaker recommends that aspiring litigators attend law schools that have a strong emphasis on legal writing. Developing strong writing skills is crucial for success in litigation, as it lays the foundation for effective persuasion in court and other legal contexts.