Legal Rhetoric Program - American University Washington College

Legal
Rhetoric
Pr o g r a m
“ Wr i t i n g i s a d i s c i p l i n e d ,
creative activity that can
be analyzed and described:
writing can be taught.”
— The New Legal Rhetoric
by Teresa Godwin Phelps
Message from the Dean
American University Washington College of Law (WCL) has a proud tradition of preparing its students for the
modern practice of law in an ever-competitive and sophisticated legal market. We are committed to equipping
our students with a holistic set of skills to reason through the most complex of legal issues with sophisticated
advocacy and the highest standards of professionalism. The Legal Rhetoric Program is the foundational pillar of
this instruction in the first-year curriculum.
Under the leadership of Teresa Godwin Phelps, a pioneer and scholar in the field of Legal Rhetoric, our program
uses innovative and collaborative teaching techniques to introduce students to effective writing strategies and
legal analysis. The program successfully integrates the strengths of experienced professors with strong
departmental leadership and vision with the practical ongoing work experience of adjunct instructors practicing
in all sectors of the profession. Beginning in their first week of law school in small class settings, our students
represent mock clients, research legal authority, and provide legal guidance to clients. The course builds
throughout the students’ first year, layering in an introduction to trial and appellate advocacy, citation, research,
and various types of legal document drafting. In the context of this writing, our students also learn introductory
practice skills such as the role of ethics, client advocacy, collaborative writing, and oral argument.
The Legal Rhetoric Program prepares students well for successful academic and professional careers. Many
students go on to hone these introductory skills further in WCL’s clinic, externship, moot court, and trial
advocacy offerings. Employers have developed a confidence in the value of the Legal Rhetoric Program and our
students’ readiness to practice when they enter their first legal jobs. At WCL, we are very proud of our tradition
of producing talented lawyers beginning with the foundational instruction of our Legal Rhetoric Program.
Claudio Grossman, Dean
“As legal writing teachers, we can do something far more
important than merely teaching law students the writing skill
they need to be able to practice law. We can enable them to
find their professional and personal voices that will allow
them to engage in the ongoing conversation of the law.”
—The New Legal Rhetoric by Teresa Godwin Phelps
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Overview
L a n g u ag e h a s t h e p ow e r t o s h a p e t h e way p e o p l e t h i n k a n d ac t, t h e
way t h e y d o a n d m a k e l aw . All experienced lawyers know that the ability to use language effectively is
key to successful practice. The Legal Rhetoric Program at Washington College of Law is based upon this understanding of the
powerful interdependence of using language and doing law well; this understanding has helped us to create a unique program
that provides a learning environment in which our students can learn to become effective writers and better lawyers.
Our program combines exceptional resources, outstanding expertise, and innovative pedagogy to develop students’ research
and writing skills. Students become independent thinkers as they learn to think through research and writing strategies to
create effective legal documents; they also develop a sophisticated vocabulary for discussing writing strategies, which is
invaluable in law offices and judges’ chambers for working both independently and collaboratively. These skills give our
students an edge from their first day in practice.
n Takes an approach that is both practical
n Emphasizes writing as a process.
n Has one of the lowest student-to-faculty
and sophisticated. Students learn not only
Students prepare multiple drafts of
ratios of any fundamental legal skills
to draft documents clearly but also to
documents, and through individual
course in the nation. Small classes make
understand how language can be skillfully
teacher-student consultations, small
intensive, student-centered teaching and
employed to apply and shape the law.
group classroom workshops, and peer
learning techniques possible.
n Uses teaching methods that simulate the
actual work that lawyers do. During the
first semester, students prepare
review, students receive feedback on
their drafts, developing their skills as
the course proceeds.
n Provides meaningful, knowledgeable and
willing support to students. Classes are taught
by professors who bring experience from
documents—an office memorandum
n Works with other first-year courses to
a wide range of practice areas. Assisting
and advice letter—for two different
reinforce student learning. Andrew F.
faculty members, trained student “Dean’s
“clients,” learning how to adjust writing
Popper, professor of law and coordinator
Fellows” provide support and help
strategies as audience and purpose change.
of the integrated first-year curriculum,
students improve their writing in
In the second semester students prepare
says, “we’re working to coordinate all the
individual conferences.
a trial court memorandum and represent
aspects of the first-year through a series
another “client” on appeal, writing a
of exercises that cut across traditional
brief and arguing the case.
curricular boundaries. Effective rhetoric
n Is both required and graded, which sets
Legal Rhetoric apart from many other
U.S. law schools’ first-year fundamental
legal skills programs.
and writing are essential to success, and
Legal Rhetoric faculty members are
integral parts of our teaching team.”
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n Applies state-of-the-art technology. In WCL’s
“smart classrooms,” students use interactive,
electronic equipment to see, discuss,
and evaluate the impact of revisions on
documents as changes are made.
L e g a l R h e to ri c Fac u lt y
Teresa Godwin Phelps
Paul Figley
David Spratt
Professor Phelps joined the WCL
Professor Figley, the associate director
Professor Spratt, the academic
faculty in 2006 as program director
of the Legal Rhetoric Program, came to
coordinator of the Legal Rhetoric
after 26 years teaching legal writing and
WCL in 2006. Prior to joining WCL, he
Program, received a B.A. in
directing the program at the University
was a U.S. Department of Justice litiga-
Government and Psychology from
of Notre Dame Law School. She has
tor for 32 years, representing the United
The College of William and Mary
three degrees from the University of
States and its agencies in appellate and
and graduated summa cum laude from
Notre Dame and one from Yale Law
district court litigation involving torts,
WCL. In 2001, Spratt was a found-
School. She is considered a pioneer in
national security, and information law.
ing partner of Schwartz & Spratt,
the field of teaching legal writing: she
His expertise is in motions practice. Figley
PLC, a family law firm in Fairfax,
was a founding member of the Legal
is a graduate of Southern Methodist
Virginia. Prior to joining the WCL
Writing Institute; she published a
University School of Law, where he was
faculty in 2006, Spratt taught Legal
seminal article, The New Legal Rhetoric,
leading articles editor for the Journal of
Writing and Research at the George
that helped to shape the way that legal
Air Law & Commerce. Since joining the
Washington University School of Law,
writing is taught across the country;
WCL faculty, Figley has given writing
Legal Analysis and Writing at Concord
she is on the editorial board of the
workshops to national organizations and
School of Law, and Legal Methods
Journal of the Association of Legal
government agencies and has written for
at the Washington College of Law.
Writing Directors; and she has lectured
national legal writing publications.
He is a past chair of the Virginia Bar
and consulted nationally on legal
writing for over 20 years. In addition,
Phelps has published three books and
more than 30 articles, on legal writing,
women and the law, law and literature,
and international human rights,
including the recent well-reviewed
Shattered Voices: Language, Violence, and
the Work of Truth Commissions.
“By recognizing and teaching legal writing as
“At its best, legal writing presents the reader
with a finished product all tied up with a bow,
rather than a listing of somewhat related facts,
holdings, and legal principles.”—Paul
Figley, Teaching Novice Legal
Writers to Complete Their
Association, Domestic Relations Section
and the Northern Virginia Regional
Advisory Committee. In Fall 2008,
Spratt launched a column, “Writer’s
Block,” in the Virginia Bar Association
News Journal. Arguments: A Useful Metaphor,
“To ensure client satisfaction, lawyers must
Bulletin of the Legal Writing
remember their primary audience and use
Institute, Vol. 22, No. 1 (Fall
language that the reader(s) can readily
2007)
understand.” —David Spratt, More
conversation, we can begin to re-vision what
Views from the Ivory Tower: The
legal writing is and what it does.”—Teresa
“KISS” Principle – Keep it Simple,
Godwin Phelps, The New Legal
Solicitor!, VBA News Journal
Rhetoric, 40 Southwestern Law
( June/July 2008)
Journal, 1089 (1986)
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Jamie Abrams
Elizabeth Keith
Heather Ridenour
Professor Abrams first joined the faculty
Professor Keith joined the WCL faculty
Professor Ridenour joined the WCL
as an adjunct professor in 2006, and in
in 2008. She had been assistant director
faculty in 2008 as director of the Legal
2007 she took a full-time faculty position
and acting director of Legal Research,
Analysis Program and Legal Rhetoric
and began coordinating the legal research
Writing & Analysis at George Mason
instructor. Prior to joining the WCL
curriculum. She began her career in private
University School of Law since 2006.
faculty, she worked with the Academic
practice, specializing in complex civil and
She has also taught upper-level courses
Support Program at Texas Wesleyan
criminal litigation, such as accounting
in Appellate Writing and Legal Drafting
Law School where she was instructor
malpractice and products liability class
since 2004. Prior to becoming a law
of academic support and legal writing
actions. Her scholarly interests and ongoing
professor, she was a litigation associate
specialist. Before taking that position,
pro bono work includes domestic violence
at Odin, Feldman & Pittleman, P.C. in
she had a probate and guardianship
and its intersection with immigration
Fairfax, VA specializing in civil litigation.
practice. From 2005 to 2007, she was
law and the advancement of women
She has a B.A. with distinction from the
the guardianship auditor at the Tarrant
and minorities. She represents domestic
University of North Carolina at Chapel
County Probate Court, working under
violence victims seeking civil protection
Hill and a J.D. cum laude from George
Judge Patrick Ferchill. She graduated
orders and immigration relief and
Mason School of Law, where she was
cum laude from the Texas Wesleyan
volunteers biweekly at a domestic violence
editor-in-chief of the George Mason Law
University School of Law in 2004,
clinic. She has also published and delivered
Review. She is currently a member of the
where she was associate editor and
presentations on issues affecting the
Legal Writing Institute where she
articles editor on the Texas Wesleyan
advancement and retention of women
serves on the Advanced Legal Writing
Law Review. She remains active in
and minority women in the profession.
Courses Committee.
taking pro bono guardianship cases.
Legal Rhetoric Adjunct Faculty
Because Washington College of Law is located in the nation’s capital, its Legal Rhetoric Program is able to draw on a
particularly deep pool of legal talent to supplement its full-time faculty. These practitioners bring a depth of experience
from their active practices in a broad range of legal settings which include: Federal and state courts, congressional committees,
administrative agencies, the Department of Justice, labor unions, national legal publications, and some of the most prestigious
private firms in the country.
“At WCL, the writing problems are carefully crafted by full-time faculty, the syllabus is meticulously planned, and students receive intensive
instruction in on-line research. Importantly, the course is a graded two-hour course each semester, which dramatically increases the effort students
put into their work. In short, the Legal Rhetoric Program deserves national recognition for this state-of-the-art program.” —Jerome Madden,
WCL Adjunct Professor
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D e a n’s F e l l o w s
The Legal Rhetoric Program employs
more than 50 student Dean’s Fellows,
who act in a variety of capacities:
Classroom Fellows are attached to a
specific Legal Rhetoric section. Fellows
attend and assist the instructor in all
the class sessions. They prepare short
presentations on citation rules and
writing strategies for each class and
meet with individual students outside
of class to provide one-on-one help
with assignments.
Rhetoric Writing Fellows offer
one-on-one meetings with students
needing extra assistance with writing
and research assignments.
What the Dean’s Fellows have to say about the Legal Rhetoric Program
“Being a Dean’s Fellow means much more than simply helping students edit their
papers. I really appreciate the fact that my students think to ask me when they
Research Fellows work with Legal
need advice on course selection, extracurricular activities, and job hunting.” Rhetoric faculty to develop assignments,
— Sarah McGinnis, Dean’s Fellow, Class of 2009
classroom teaching materials, and the
Research and Citation Competency
Exam.
“It’s a great way to get involved with the 1Ls and to be a sounding board for
them during the often stressful first year. I think of it as paying it forward
for others who helped me in the past and will do so in the future as I move
Multicultural and International
on to practicing law.” Student Fellows provide assistance
— Colleen Lenaghan, Dean’s Fellow, Class of 2008
to ESL and other students seeking
extra help.
“No class has a more basic, fundamental impact on the ability to practice
law—and get a 1L summer job — than Legal Rhetoric. Doctrinal classes like
Committed to mentoring the best
Torts and Contracts are no less important because they teach you what the law
student teachers, the Legal Rhetoric
is, but Legal Rhetoric teaches you how to explain the law in an intelligent and
Program is fortunate to have a
persuasive way…Dean’s Fellows help new students learn how to frame and
dedicated and truly exceptional
communicate [legal] analysis in a way that will be familiar to clients, useful to
group of Dean’s Fellows.
practitioners, and persuasive to judges.”
— Benjamin Moss, Dean’s Fellow, Class of 2010
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Advanced Legal Writing Classes
Advanced Lawyering Skills:
Tort Litigation
This course teaches the skills needed by a young lawyer in the first three years of civil practice. It places particular emphasis
on the skills needed to write opposition briefs and reply briefs, the responses lawyers make to the legal memoranda written by
their opponents. It also addresses dispositive motions, case analysis, and the preparation and response to civil discovery.
Legal Drafting
In Legal Drafting, students learn the principles of drafting transactional, non-litigation documents, such as client engagement
letters, settlement proposals and letters, custody agreements, and agreement addenda. Students also have the opportunity to
simulate the real life practice of family law, including drafting litigation pleadings, discovery documents, and other documents
to which they are not exposed in Legal Rhetoric. The course emphasizes role play, hands-on exercises and individualized
critique of student work. The course also includes a settlement conference and a mediation session.
Legal Rhetoric Events
In addition to its
Law Programs at WCL, honors the
The Legal Rhetoric Program recently
commitment to
feminist legacy of the school’s founders
hosted a conference on “How Legal
students and the
and alumni. The contest is named
Rhetoric Shapes the Law.” The
law school, the
for Alice Paul (’22) who authored the
Keynote Address, “When Language
Legal Rhetoric
Equal Rights Amendment, founded
Meets the Mind: Three Questions,”
Program is
the National Women’s Party, helped
was presented by James Boyd White
invested in the
pass the Nineteenth Amendment,
of the University of Michigan
development of legal writing in the
and pushed for the inclusion of “sex”
Law School. Panels of legal writing
larger community. The faculty serves on
in the 1964 Civil Rights Act — still
professors discussed Narrative,
boards and committees of national legal
the only Federal protection women
Metaphor, and Archetype and the ways
writing organizations, participates in
have against discrimination in the
in which these writing tropes help
national conferences, and publishes in
workplace. The purpose of the Alice
to shape the way we understand and
variety of legal publications. The program
Paul competition is to create a venue
practice the law. The conference drew
also sponsors a national essay contest and
that inspires the next generation of
attendance from legal writing programs
hosts speakers and conferences.
scholars, lawyers and activists to make
across the country. The program plans
daring and creative contributions to
to host a major speaker or conference
feminist jurisprudence. For further
each year to contribute to and
information, visit wcl.american.edu/
participate in the thriving intellectual
gender/wlp/essay_contest.cfm
life of the legal writing community.
The Alice Paul Feminist Jurisprudence
Essay contest, sponsored by the
Legal Rhetoric and Women and the
S t u d e n t s ’ P r a i s e f o r W C L’s L e g a l R h e t o r i c P r o g r a m
“I feel like this course has
taught me more about
“ The course provides a way
actually being a lawyer than
of bringing the law together
all my other courses combined.
and using it to make a
It was overwhelming,
stance in an organized way.”
frustrating, time-consuming...
and so necessary.”
“ This course formed the
basis for our legal writing,
analyzing, and research skills.
The skills learned will carry
over into understanding and
interpreting cases and theory
in other classes.”
“ Very useful for whatever
legal job you are aiming
to get! I think it is a
fundamental course.”
Washington College of Law
Legal Rhetoric Program
4801 Massachusetts Ave, NW, Ste. 129
Washington, DC 20016
EO/AA University and Employer
Cover art by Kevin Lepp
“I felt like Rhetoric
was my ‘welcome to
law school’ class.”
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