Legal Writing Programs

Friday, October 15, 2004

University of Florida Levin College of Law

Faculty
Henry T. Wihnyk, J.D., LL.M., Legal Skills Professor and Director
Tracy Rambo, J.D., Legal Skills Professor
Leanne Pflaum, J.D., Legal Skills Professor
Patricia Thomson, J.D., Legal Skills Professor
Betsy Ruff, J.D., Legal Skills Professor
Diane Tomlinson, J.D., Legal Skills Professor
Joseph Jackson, J.D., Legal Skills Professor
Holly Derenthal, J.D., Adjunct Legal Skills Professor

Department Faculty’s Status
Legal Skills Professors serve under renewable nine-month, long-term contracts. A newly hired Legal Skills Professor is appointed for a single academic term. The appointment may be renewed no more than four times. In the third year of teaching the Legal Skills Professor is eligible to be appointed for a three-year term. In the sixth year of teaching the Legal Skills Professor is eligible to be appointed for renewable five-year contracts.

Legal Skills Professors are entitled to vote at law faculty meetings on all issues except tenure-track faculty promotion, appointments, and tenure. Legal Skills Professors serve and vote on law faculty committees.

Department Goals
The Florida Bar and the ABA have made clear that lawyering skills must be a significant element of a law student’s preparation for practice. The Legal Research, Writing and Appellate Advocacy Department’s goal is to provide to our students the means to master these vital lawyering skills. In three courses, Legal Research and Writing, Appellate Advocacy and Advanced Techniques in Appellate Advocacy, we achieve this goal by training our students:

(1) To understand and apply the doctrine of stare decisis;
(2) To analyze and solve legal problems using critical legal reasoning;
(3) To write clearly, accurately, concisely, and persuasively;
(4) To understand and use manual and electronic legal research tools;
(5) To prepare professionally competent legal memoranda, appellate briefs and other documents;
(6) To present persuasive oral arguments; and
(7)To employ professional standards and ethics.

Curriculum
-Legal Research & Writing
Legal Research and Writing is the first semester course of the first year writing program. It is a two-credit, pass/fail class. Each writing professor, assisted by student teaching assistants, teaches approximately 50 students. The writing professors and Director teach all classes, prepare at least two legal problems each semester on which most assignments are based, meet weekly with the teaching assistants, grade student papers, and conduct student conferences.

The teaching assistants conduct hands-on legal research training, conduct some of the conferencing and, depending upon the writing professor, do some grading, all of which is reviewed by the writing professor.

The course focuses on teaching the students to analyze a legal problem, to research the law for the legal problem, and to write an office memorandum incorporating their research and analysis.
-Appellate Advocacy
Appellate Advocacy , the second semester course of the first year writing program, is a two-credit, pass/fail course. Each faculty member, assisted by teaching assistants, teaches approximately 50 Appellate Advocacy students.

The teaching assistants conduct hands-on legal research training, conduct some of the conferencing and, depending upon the writing professor, do some grading, all of which is reviewed by the writing professor.

The focus of the course is on persuasive writing. An appellate brief is the vehicle used to demonstrate the principles of persuasive writing. The course is designed to assist the students in applying the skills of research and writing (which they acquire in the first half of the two semester writing program) and their knowledge of substantive law, to develop effective, persuasive writing skills.

-Advanced Legal Research & Writing, Appellate Advocacy
This is the course each writing professor teaches to the Department’s teaching assistants. The class meets once per week, is graded providing each student a total of 3 credits over two semesters. In this course we require the teaching assistants to complete many of the assignments their students prepare and to assist the writing professors in preparing topics and materials for the students. The teaching assistants prepare and present a variety of demonstrations to the students. The teaching assistants also help the writing professor’s comment on student papers and conduct conferences. The writing professors read and provide written and oral comments on all projects completed by the teaching assistants.

-Advanced Techniques in Appellate Advocacy
Advanced Techniques in Appellate Advocacy provides in-depth, vigorous training in written and oral persuasive legal analysis techniques. Students are required to prepare several drafts of arguments and present at several oral arguments focusing on the issues argued in the briefs.

Students also prepare several short writing assignments designed to improve writing, legal analysis and advocacy skills. The primary text is Practicing Persuasive Writing and Oral Advocacy Case File 2 by David Miller. I also provide materials comprising selections from briefs and oral arguments in landmark and other appellate cases for the students to analyze and critique.

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