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Writing for Law Practice organizes documents into three sections that correspond to the three major modes of written communication in the law—“Litigating,” “Informing and Persuading,” and “Rule-making”—each with its own signature writing skills.
The organization of this text is both realistic and helpful to student and teacher. Part One focuses on pleadings and motions, where concept is primary and expression secondary. Part Two covers letters, memos, trial and appellate briefs, and judicial opinions, which require clarity and perseverance as well as creativity.
Part Three covers contracts, legislation, and wills, where conceptualization is inextricable from clear and precise expression. Among the advantages of this organization is that it gives the teacher much flexibility in course design.
New features of the third edition include new content in Part One reflecting the effect of recent Supreme Court decisions on federal and state pleading practice and the impact of social media on civil litigation; new content in Part Two on e-mail memoranda of law; and new content in Part Three on document design for electronic communication, on drafting federal regulations, and on non-disclosure agreements. In addition, there is a new casefile on child custody rights under international law and exercises and assignments throughout. Finally, the teacher’s manual contains supplementary material on depositions and interrogatories.
Writing for Law Practice is intended for both “Advanced Writing” and “Introduction to Drafting” courses. Because “drafting” is a term without a single, universally agreed-upon meaning, “drafting” courses do not all cover the same documents. However, this text treats a broad range of documents and a broad range of skills, and so it is suitable for all of these upper-level writing courses.