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 w w w. w c l . a m e r i c a n . e d u / l e g a l r h e t o r i c 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.” 1 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) 2 w w w. w c l . a m e r i c a n . e d u / l e g a l r h e t o r i c 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 3 w w w. w c l . a m e r i c a n . e d u / l e g a l r h e t o r i c 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 4 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.” Non-Profit U.S. Postage PAID American Univ. Mailed From Zip 30144
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