Legal Writing Programs

Friday, October 15, 2004

Thomas Cooley Law School

Thomas Cooley Law School was the first law school to put all its full-time writing teachers on tenure track and keep them there. That happened in 1984, and we now have eight professors on tenure or tenure track. All the professors have had practice experience.

We require six credit hours of legal research and writing for all students and three additional hours for most students.

Research & Writing is taught in the first year. Students write five papers, including three office memorandums. Students meet with the professor several times to review their work. They also do in-class and out-of-class writing exercises throughout the term. We were the first school (we believe) to teach research through audiotapes that students use at the library. There is a series of nine tapes that describe the process of legal research and walk students through an actual problem using that process. Students also receive six hours of training in computer research. We give a graded test on research and on punctuation.

In their second year, students in seven of our eight concentrations take Law Practice. Our Moot Court course is also required for students who choose the Litigation concentration.

In Law Practice, students learn civil-pretrial practice skills. Students write a litigation plan, a retainer agreement, a memorandum of law, a complaint, an answer, interrogatories, requests to produce documents, requests to admit, and various letters to the client. The class culminates in writing a summary-disposition motion and brief and arguing that motion before one of Michigan’s sitting judges. The Law Practice faculty consists of active Michigan lawyers. Students meet with the professor for critique on a draft of the summary-disposition motion and brief.

In Moot Court, our students write an appellate brief and argue before the mock United States Supreme Court. Our Moot Court faculty members are appellate lawyers and former appellate judges.

In their third year, students take Advanced Research & Writing. In the first half of the course, students write an opinion letter, a persuasive statement of facts (from the other side’s point of view), and an appellate brief. They also work on a set of writing exercises. Once again, the research is taught mainly through audiotapes, students receive six hours of computer-research training, and they take a graded research test. In the second half of the class, students are taught legal drafting. After a series of shorter drafting assignments, they draft a municipal ordinance and a contract. We also give a graded three-hour drafting exercise at the end of the term.

Of course, in each of these courses we stress coherent organization, a clear, plain writing style, and proper mechanics and citation form.

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