Week Fourteen, Part 5 - Legal Writing: The Grinch Who Stole Thanksgiving

It’s our last legal writing class of the semester and Professor Teresa Phelps gives each 1L a parting gift: the take-home, final exam.

Phelps explains that the test is “closed universe.” All the facts, case law, and relevant statutes are included. We will not need any outside research.

I thumb through the thick packet of paper. Under “Facts,” a diagram of a traffic accident catches my eye. Two dots show “places where Lenhardt was hit – by car 1 and car 2.”

The case law section is intimidating: 72-pages long and single-spaced. Yikes! The 16 cases come from a variety of jurisdictions, both federal and state. “Johnson v. Brown, 77 Nev. 61, 359 P.2d 80 (1961)” reads the first citation. Old case, I think. The second one, Gibb v. Cleave, reaches back even further: 1936.

Next I skim the three statutes. “Right of Way – Public Roadway.” “Wrongful Death Liability and Damages.” “Comparative Negligence.”

I wonder, Am I ready for this? Of course! A lawyer-to-be is always ready. Like canned ham.

I predict it will take five hours to read everything once. Another five or so to figure out the legal problems. Five more to write the office memo. Two hours on the client letter. Another couple on the court memo. Five hours to revise. A full day of life – 24 hours – given to Phelps and Notre Dame Law School.

In class we review the basics of an office memo, client letter, and court memo.

“Do them as a set,” Phelps says. “And do them by yourself. A fresh eye to proofread for typos is okay, but anything more is an honor code violation.”

She tells us to use our planning strategies such as the revision checklist. “Use the writing process to exercise control over the product.”

Phelps adds, “Be confident. Most writers are somewhat insecure. Writing is one of the few things that forces us to put ourselves on the line in a personal, ego-connected way. Confidence in writing is critical for a professional.”

She reminds us, “The law is all language. Learn the importance of individual words. Today the dockets are so crowded that the amount of oral argument is way down. Cases get settled on the basis of writing.”

Phelps flashes a double-dimple smile. “It’s a struggle now, but when you get hired, your writing will be well above the level of a first-year associate.”

Class ends and we file into the hallway. I’m between two girls who talk across me.

“What’s Phelps so chipper about?” one grumbles. “She just stole Thanksgiving.”

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