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English 392: Legal Writing
Professor John Kim
Fall 2015/Section 1101
Location: Tawes 0234 (Tues/Thurs)
Class Time: Tues/Thurs 9:30 PM – 10:45 AM
Email: jjkim@umd.edu
Office Location: Tawes 2132
Office Hours: Tues 1:50 PM–3:50 PM
Course Description
Welcome to English 392: Legal Writing at the University of Maryland. This course satisfies the
Professional Writing requirement for undergraduates and is geared towards students who wish to pursue
careers in law and public policy. It teaches students how to accommodate the many different audiences
that lawyers may have to write for throughout their careers with an emphasis on assignments that a law
student and a junior associate may have to tackle.
The most important thing that lawyers must be aware of when drafting a piece of writing is: who will the
audience for this be? A memorandum to a partner in your law firm will be very different from a
memorandum to a client, just like a pleading submitted to court will be very different from a letter sent to
an opposing attorney. Being able to adjust your writing and your language for each of these situations will
be key to your success in this class and in the legal world beyond.
I want you to treat this classroom as an open forum where a sincere exchange of thoughts and opinions
can flow freely. In class we will have conversations about what makes a piece of legal writing effective.
Please don’t worry about having the “right” or “wrong” answer in class. As the 19th century philosopher
John Stuart Mill theorized on the freedom of expression, I want us, together as a class, to seek out the
truth in all opinions on a given subject. Please come to class with an open mind, an intellectual curiosity,
and a readiness to engage in conversation.
Course Goals
Upon completion of this course, you will be able to:
 Analyze a variety of professional rhetorical situations and produce appropriate texts in response.
 Understand the conventions of legal prose, a specialized form of writing that emphasizes logic and
persuasion.
 Learn how to read and write about cases, how to apply legal principles to factual scenarios, and
how to organize their written analyses.
 Understand the stages required to produce competent, professional writing through planning,
drafting, revising, and editing.
 Practice the ethical use of sources and the conventions of citation appropriate to each genre.
 Write for the intended readers of a text, and design or adapt texts to audiences who may differ in
their familiarity with the subject matter
 Use Standard Written English and revise and edit your own writing for appropriateness. You will
take responsibility for such features as format, syntax, grammar, punctuation, and spelling.
 Produce cogent arguments that identify arguable issues, reflect the degree of available evidence and
take account of counter arguments.
Required Books
Shapo, Helene, Marilyn Walter, and Elizabeth Fajans. Writing and Analysis in the Law. 6th edition.
Foundation Press. ISBN: 978-1-60930-272-6
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Course Policies and Procedures
1. Attendance
Regular and punctual attendance. The writing you do in English 392 will be based on skills you will
develop and hone in class. If you miss class for any reason, it will be your responsibility to find out what
you missed and how you can make up the work. Unexcused absence and tardiness will be counted against
your Participation grade.
Unexcused or “discretionary” absences. Discretionary absences should be viewed not as “free days” but
as days you may need to deal with emergencies. You may miss two full weeks of class without substantial
penalty—you will, however, lose participation and attendance points for those missed classes. For each
unexcused absence after two weeks, your final grade will be lowered by one full letter grade. This means
that if you have an A average but have five unexcused absences (the equivalent of two weeks plus one
class), you will earn a B in the course.
Excused absences. The University excuses absences for certain reasons (illness, representing the UMD at
certain events, religious observance, and the death of an immediate family member), provided the cause
of absence is appropriately documented (see below).
Religious observances. The University's policy "Assignments and Attendance on Dates of Religious
Observance" provides that students should not be penalized because of observances of their religious
beliefs; students shall be given an opportunity, whenever feasible, to make up within a reasonable time
any academic assignment that is missed because of individual participation in religious observances.
Students are responsible for obtaining material missed during their absences. Furthermore, students have
the responsibility to inform the instructor of any intended absences for religious observances in advance.
The student should provide written notification to the professor within the first two weeks of the semester.
The notification must identify the religious holiday(s) and the date(s).
Documentation Requirements to Justify an Excused Absence for Illness. The University’s policy is to
excuse class absences that result from a student’s own illness. The procedure and documentation required
for an illness to be an excused absence differs depending on the frequency of the absence.
For a single class meeting missed: If you miss only one class meeting for illness, you may submit a selfsigned note to the instructor (that is, a note from a health care provider is not required for a single class
missed, and the Health Center will not provide written excuses for a single absence). Each note must also
contain an acknowledgment by the student that the information provided is true and correct; in this way, it
must follow the Code of Student Conduct or may result in disciplinary action. Such documentation will
NOT be honored as an excused absence if the absence coincides with a Major Scheduled Grading Event,
like a paper due date. If you know you will miss class, make an effort to alert your instructor and make
arrangements in advance. Also, your documentation must be presented to the instructor upon returning to
class.
For Multiple but Non-Consecutive Meetings Missed: If you will miss more than one class meeting for a
medical concern, but these will not be consecutive, you should provide documentation from a health care
provider upon returning to class after the first of these absences that details future dates to be missed OR
provide a note from a doctor that states specific dates missed (the note must state specific dates, rather
than broadly name a time frame; that is, for example, documentation must say the student missed class on
9/12, 9/16 and 9/20 for a medical concern, rather than saying the student may have missed class
repeatedly between 9/11-9/21).
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For Multiple Consecutive (more than one in a row) Meetings Missed OR an Absence Involving a Major
Grading Event: If you will have a prolonged absence (meaning more than one absence for the same
illness), you are required to provide written documentation of the illness from the Health Center or from
an outside health care provider upon returning to class. In cases where written verification is provided,
the Health Center or outside health care provider shall verify dates of treatment and indicate the time
frame that the student was unable to meet academic responsibilities. No diagnostic information need be
provided on this note.
Absence due to participation in a University Event: If your absence is not due to an illness but is, rather,
due to your participation in an official University event, you must provide documentation for this absence
prior to the absence; the documentation should be an official form from the University.
2. Participation
You are expected to be prepared for class and to participate in class discussions, to be able to respond to
questions posed to you, to have drafts when they are due, and to complete in-class writing activities. Your
active participation will contribute to your final grade. While I rely on students to raise their hands in
class, I will also cold call students in order to get a conversation started.
3. Late Papers
Papers are due on the date designated on the course syllabus. Assignments that are due on a day when we
meet for class should be completed by or before the beginning of class. Assignments that are due on a day
when we do not meet for class should be completed and uploaded to ELMS/Canvas by or before 11:59
p.m. on the due date. Late papers will be marked down one letter grade per day late, including weekends.
4. Draft Workshops
Draft workshops enable you to develop two major writing skills that are integral to this course: (1)
learning to be a critic of your own writing and the writing of others, and (2) learning how to revise your
work given comments and questions from your peers. Your writing will improve by having others read
and respond to it.
We will have a draft workshop before each assignment is due. During these sessions, you will exchange
your paper with a peer (or peers) in the course and offer revision suggestions.
5. Paper Format
Paper formats will change for every assignment per the audience of the writing. In general though, you
should use Times New Roman 12 point font for all assignments.
6.
Office Hours
Think of my office as an extension of the classroom and use my office hours to discuss any aspect of your
writing or reading, as well as any questions you may have about class procedures or requirements. Come
to office hours with questions about class discussions, writing techniques or strategies, and so on. During
my open office hours, you may stop in my office whenever you like. I am also happy to schedule another
time to meet if my office hours conflict with your schedule.
We will have scheduled one-on-one conferences in my office or a designated conference room. These
meetings are mandatory. If you cannot attend our scheduled conference, please email me at least 2 hours
before our planned time. If you miss our conference without emailing, I will count it as a class absence.
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7. Email
I’m always happy to answer questions via email. Before you email me with a question, first check class
handouts and the available files on the Canvas/ELMS site to see if your question can be answered there.
When emailing, include a subject header, “Re: Engl 392-[insert appropriate issue]”. Always sign your
emails with your name. Please do not use emoticons.
8. Extra Credit
There is no extra credit offered in this course.
9. Writing Center
All students should consider visiting the tutors at UMD’s Writing Center as a way to improve the overall
quality of their writing. The writing center is for all student writers—including those who see themselves
as strong writers. It is an excellent resource for you; please take advantage of it.
The Writing Center offers both daytime and evening hours. Online tutoring is also available. You can
make an appointment through the website below.
Website: <http://english.umd.edu/academics/writingcenter>
Address:
1205 Tawes Hall
(301) 405-3785
writadmin@umd.edu
10. Food
There is no loud or smelly food allowed in class. If you have food in class try to be mindful and
respectful of your classmates.
11. Cell Phone and Laptop Policy
Use of phones in class is strictly prohibited. Laptops and tablets are allowed only for reviewing drafts of
papers. Be prepared to take notes and perform in-class writing with a pen and paper. It is possible to
attend every class and still receive a failing Participation grade based on your cell phone use.
Grading and Revision
Grades
The percentages of contribution to your final grade are as follows:
Discussion board posts, blog posts, draft workshops,
reading quizzes, Reflective Writing Assignments
Participation
Personal Statement
Case Briefing
Legal Memorandum to Partner
Legal Brief
Letter to Client
10%
15%k
5%
15%
15%
20%
20%
15%
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Academic Integrity
Plagiarism, whether it is submitting someone else’s work as your own, submitting your own work
completed for another class without my permission, or otherwise violating the University’s code of
Academic Integrity, will not be tolerated. You are expected to understand the University’s policies
regarding academic integrity. These policies can be found at the website of the Office of Student Conduct,
www.shc.umd.edu. Please visit this website, click on the “students” link, and read the information
carefully.
Student Learning
Your success in the class is important to me. If there are circumstances that may affect your performance
in this class, please let me know as soon as possible so that we can work together to develop strategies for
adapting assignments to meet both your needs and the requirements of the course.
In order to receive official university accommodations, you will need to register and request
accommodations through the Office of Disability Support Services. DSS provides services for students
with physical and emotional disabilities and is located in 0106 Shoemaker on the University of Maryland
campus. Information about Learning Assistance Service and/or Disability Support Service can be
found www.counseling.umd.edu/LAS or www.counseling.umd.edu/DSS. You can also reach DSS by
phone at 301-314-7682.
Course Assignments
Personal Statement: Your audience for this assignment is the admissions officer of the law school of your
choice. Your transcript and resume speak for themselves. So what is it about you that will make them
want to pick you out of thousands of applicants to fill one of a few hundred seats of the incoming class of
law school students?
Case Brief: For this assignment, you will breakdown and summarize a legal opinion into its component
parts.
Legal Memorandum: Your boss asks you to write her a memo about a legal issue that a client is having. It
is your job to write a memo that gives an overview of the pertinent statutes and case law and analyze how
your client’s issue might be argued.
Legal Brief: Legal briefs are the documents that you submit to court on behalf of your client. Your
audience here is the judge, but you must also keep in mind that the opposing side will be submitting a
reply brief as well. You will need to support your side while also countering arguments from your
opposition.
Letter to a Client: Now that you’ve submitted your briefs for a case, you’ve got to break some news to
your client. Your client doesn’t understand legalese. You still need to be able to find the language to
explain complex legal issues to a layperson—and also tell your client the likelihood of your success.
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English 392 - Course Schedule
WAL – Writing and Analysis in the Law
Day
Week 1
Day 1:
Sept. 1
Day 2:
Sept. 3
Week 2
Day 3:
Sept. 8
Session Objectives
Introductions; Discuss Syllabus;
Course Objectives
Day 4:
Sept. 10
Personal Statement Peer Review
Week 3
Day 5:
Sept. 15
Day 6:
Sept. 17
Week 4
Day 7:
Sept. 22
Day 8:
Sept. 24
Week 5
Day 9:
Sept. 29
Overview of Legal System and
Case Law; IRAC
WAL – 11-38 (Chapter 1)
Intro to Case Brief assignment
WAL – 39-63 (Chapter 2)
Reading Judicial Decisions
WAL – 63-86 (Chapter 2)
Reading Statutes
WAL – 87-111 (Chapter
3)
Case Briefings
Draft of Case Brief of at least 2 cases
due -- upload to Canvas and bring to
class for peer review
Day 10:
Oct. 1
Case Briefings
Week 6
Day 11:
Oct. 6
Day 12:
Oct. 8
Week 7
Day 13:
Oct. 13
Day 14:
Oct. 15
Week 8
Day15:
Oct. 20
Introduction of Legal
Memorandum; Application of law
and macro-organization
Application of law and microorganization
Writing the Legal Memorandum
WAL – 111-134 (Chapter
4)
Draft of Case Brief of 2 different
cases -- upload to Canvas and bring
to class for peer review
Final Draft of Case Briefs Due
More on the Legal Memorandum
WAL – 189-202 (Chapter
8)
WAL – 203-223 (Chapter
9)
The Legal System; Personal
Statements; Rhetorical Situation
Personal Statement; Writing
Sentences
NO CLASS - CONFERENCES
Reading Due
Writing Due
WAL – 1-11 (Chapter 1)
Blog #1 (Introduction)
WAL – 225-246 (Chapter
10)
Blog #2 (Personal Statement
Brainstorm)
WAL – 135-153 (Chapter
5)
WAL – 163-188 (Chapter
7)
Draft of Personal Statement due -upload to Canvas and bring to class
for peer review
Bring a copy of your most up-to-date
Resume to class (this will not be
graded)
Blog #3 (Personal Statement Process
and Message)
Final Draft of Personal Statement
due – upload to Canvas
Blog #4 (Reflection on Personal
Statement)
Blog #5 (Reflection on Case Brief
Assignment)
Draft of Legal Memorandum
Statement of Facts and Question
Presented - upload to Canvas and
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online peer review
Complete online peer review by
11:59 PM tonight
Full draft of Legal Memorandum due
-- upload to Canvas and bring to
class for peer review
Final draft of Legal Memorandum
due
Blog #6 (Reflection on Legal
Memorandum)
Day 16:
Oct. 22
Week 9
Day 17:
Oct. 27
Day 18:
Oct 29
Week 10
Day 19:
Nov. 3
Day 20:
Nov. 5
Week 11
Day 21:
Nov. 10
NO CLASS – CONFERENCES
Preparation of Trial Brief; MicroStructure
Preparation of Trial Brief
Blog #7 (Outline with Headers)
Day 22:
Nov. 12
Preparation of Trial Brief
Draft of Caption, Introduction,
Statement of Facts, and Question
Presented due -- upload to Canvas
and bring to class for peer review
Week 12
Day 23:
Nov. 17
Day 24:
Nov. 19
Week 13
Day 25:
Nov. 24
Day 26:
Nov. 26
Week 14
Day 27:
Dec. 1
Day 27:
Dec. 3
NO CLASS - CONFERENCES
Week 15
Day 28:
Dec. 8
Day 29:
Dec. 10
Peer Review Letter to Client
Peer Review of Legal
Memorandum; Introduction to
Legal Brief
Components of a Trial Brief
WAL – 349-360 (Chapter
15)
WAL – 361-365, 370-396
(Chapter 15)
Preparation of Trial Brief; MacroStructure
Draft of Caption and Introduction
due -- upload to Canvas and bring to
class for peer review
NO CLASS - CONFERENCES
Peer Review of Legal Brief
NO CLASS – THANKSGIVING
BREAK
Introduction to Letter to Client
Letter to Client and others
Open office hours in class with
Professor Kim
Full Draft of Legal Brief -- upload to
Canvas and bring to class for peer
review
WAL 305-327 (Chapter
14)
Final Draft of Legal Brief Due
WAL – 328-348 (Chapter
14)
Blog Post (Planning for Letter to
Client)
Full draft of Letter to Client Due –
upload to Canvas and bring to class
for peer review
Final Draft of Letter to Client Due
at 11:59 PM