Life Is Stranger Than Fiction:
Partnering With Public Defenders To
Bring Authentic Legal Writing
Assignments Into The Classroom
Chris Evers
Qatar University College of Law
cevers100@gmail.com
cevers@qu.edu.qa
Authenticity Is Fun and Educational
• Can save you a lot of time in problem design.
• Students eventually appreciate the thought of
working on an authentic case.
• One additional way to introduce legal ethics
and professionalism into the classroom.
• A great way to introduce the idea that “being
right” does not mean that your client will
prevail.
Everyone Has An Opinion About
Criminal Law
• Students have experience thinking about
criminal law issues because of what they seen
and heard through the news and
entertainment.
• A certain percentage of your students will
have personal life experiences that directly
relate to one or more criminal law issues.
Criminal offenses that work well
Constructive possession drug cases
--Control over the premises
--Amount for personal use or distribution
Burglary
--Evidence of intent based on actions before and after entry and the
presence of tools or other possessions
Battery
--Harm vs. Great Bodily Harm
--Physical contact of an offensive or an insulting nature
Second Degree Murder or Self Defense jury instructions
--What a reasonable person would believe about a situation
--“Fighting” words and mutual combat
Attempt Murder or Armed Robbery
--Threatening violence by use of an object not typically deadly or
that may be inherently deadly, but is inoperable.
Finding a Teaching Partner
• Marry a public defender
• Personal contacts
• Career service and externship program
coordinators
• Alumni Office and Events
• Former students
• Bar association or CLE meetings
Adapting Problems to Your Needs
• Predictive memorandum, trial level writing,
appellate level writing, or other.
• First-year vs. Advanced writing course.
• Fact density you want the students to work
through.
• Is the former case published?
• Access to the actual filed documents in the
case and a written judicial opinion.
• Decide when to tell the students the problem
is authentic.
How a Public Defender Can Help You!
Before Distribution of the Problem
--A talk about the office in which the problem is
set to give background on the office’s day to day
operation, the typical writings an extern or new
attorney would do, and “tactical” considerations
that likely would not be apparent to students.
--An appearance or talk by the attorney is also a
great way to introduce the role of
professionalism in the writing of the problem.
During the course of the problem
--Assist with distribution of the problem
documents through a voice message or
classroom appearance.
--Appear for a Skype or in person Q & A session
after an initial review of the facts by students.
--Appear for a Skype or in person “group” status
conference in which students report their
preliminary research and analysis.
After the Problem has been submitted
--Make sure the attorney provides written
pleadings and a written judicial decision.
--Skype or in person meeting with students so
the attorney can share his or her experiences
and talk with students why certain arguments
and authorities were used.