Legal Writing Programs

Monday, October 23, 2006

Nova Southeastern Univ., Shepard Broad Law Center

Lawyering Skills and Values (LSV)
Lawyering Skills and Values (LSV) introduces an innovative approach to legal education, one that integrates legal theory with practice, professionalism, and technology right from the first day of law school. The cornerstone of the program is the development of legal research and writing skills in a practical context, with an emphasis on professionalism, client-centered representation, and ethical lawyering. In each three-credit semester, students participate in alternative dispute resolution, apply the latest law office technology, and resolve practical and ethical issues that lawyers commonly encounter in the practice of law. The first-year focuses on predictive legal analysis in a transactional context, using state law and secondary research materials. Students assist clients in transactional matters and write objective memoranda of law before counseling their clients. By researching, negotiating, and drafting a contract, students themselves develop the facts that a court would use in a future interpretation of the contract. In the second semester, the Program focuses on persuasive writing in a pre-trial litigation context, using federal and state law and secondary research materials. In pre-trial matters, students take primary responsibility for investigating the facts of a client’s case in preparation for trial. They draft a demand letter, client counseling letter, and a persuasive memorandum in support of or opposition to a pre-trial motion. At the end of the semester, students argue their motions orally and participate in a mediation of a dispute. Throughout the year, students interview and counsel clients, resolve practical and ethical dilemmas, and draft correspondence to clients and opposing attorneys.

With this background in transactional and litigation skills, students entering second-year elect to follow either a business track or a litigation track. All second year students have the opportunity to research, write, and orally argue legal issues within their area of concentration. Students in the business track will select courses designated as Advanced Lawyering Skills and Values Transactional courses. These courses will provide instruction in a variety of transactional skills, including: (1) determining what facts need to be solicited from the client and how best to solicit and evaluate such facts, (2) analyzing and applying the applicable law to various facts, (3) determining appropriate options for a client and analyzing the potential advantages and disadvantages of such choices, (4) communicating such choices to the client and counseling the client with respect to the choices, (5) identifying ethical considerations regarding such representation, such as determining the identity of the client being represented and disclosing potential conflicts, and (6) implementing choices through selection or drafting of documents. Negotiation skills also may be taught when relevant. Students electing the litigation track will take Civil Pre-Trial Practice and other courses designated as Advanced Lawyering Skills and Values Litigation courses. These courses will provide instruction in a variety of litigation skills, including: (1) interviewing clients and witnesses to determine the relevant facts and the veracity of certain persons, (2) preparing and answering interrogatories, taking depositions, and developing other pre-trial litigation skills, (3) determining appropriate general litigation strategies as well as specific strategies for a particular case, (4) communicating with and counseling clients, (5) identifying ethical issues applicable to various aspects of litigation, and (6) developing negotiation skills.

Faculty
The Law Center has recently taken dramatic steps to remove all distinctions between the faculty in and out of the Program. All LSV professors have pay parity with equivalent members of the doctrinal faculty. Although LSV professors cannot receive tenure, they do have all of the rights and privileges: full voting rights (including on all promotion and tenure decisions); ability to receive summer stipends; renewable five year contracts after the first five years; same title as all other members of the faculty; and the same research assistant and travel budgets. The student-faculty ratio for LSV is one of the lowest in the nation with full-time professors—approximately 26 to 1. In addition, each professor in the LSV program rotates out of the department every five years to spend time working on scholarship. For more information on the program, contact the LSV Director, Anthony Niedwiecki at niedwieckia@nsu.law.nova.edu or any other faculty member in the program. You can find out more about the LSV Program and its faculty by going to: http://www.nsulaw.nova.edu/lsv/

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