MASSACHUSETTS SCHOOL OF LAW at ANDOVER
Writing and Legal Advocacy
Spring, 2011
Professor Paula Kaldis
pota@mslaw.edu
Course website:
http://www.mslaw.edu/Kaldis_RWII.htm
COURSE DESCRIPTION:
Each professor is responsible for classes of 8 to 12 students and they meet twice a week. This
class emphasizes one-on-one teaching and learning. There is hands-on training in finding the
law to evaluate and address clients’ situations. Weekly homework and in-class assignments
are directly related to the court documents that the students are working on and help
students to focus on the steps they must take to meet their deadline.
Students assume an advocate’s role, and, as junior attorneys in a law firm, draft a legal
memorandum to a trial court and, later in the semester, an appellate brief. The students are
placed on opposite sides of a case for the trial court memo, and then switch places when they
are assigned the appellate brief, so that they will have the opportunity to represent both
sides. The documents are graded and reviewed individually with the students by the
professors, who act as the senior attorneys in the law office. Students rewrite and then
resubmit to the “senior attorney,” before the document is submitted to the court. At the
conclusion of the course students appear before a mock appellate court.
In addition to teaching persuasive writing, this course reinforces the substantive law that is
tested on the bar examination, as well as current courses the students are taking, such as
Constitutional Law, Criminal Law, Family Law, and Evidence.
REQUIRED BOOKS:
The Bluebook: A Uniform System of Citation (18 th Ed.)
Laurel Currie Oates and Anne Enquist, Just Briefs (Aspen)
GOALS & OBJECTIVES:
1. Learning to write clearly and effectively as a lawyer;
2. Becoming proficient in the use of legal research tools and methods;
3. Learning computer aided legal research, and using computers for drafting
legal papers;
4. Becoming competent in persuasive legal writing, citation form and legal
analysis;
5. Learning to be a competent and ethical attorney, i.e., learning the art of
good lawyering.
COURSE COMPETENCIES:
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Know how to consistently apply IRAC.
Know how to determine relevant facts and how to use them when
writing an argument by analogy.
Know how to construct a written argument.
Know proper legal citation format.
Know what a standard is and how the trial courts and appellate
courts apply standards.
Know the authority of the court.
Know how to do computer-aided legal research.
COURSE REQUIREMENTS:
GRADES:
The final grade will consist of three parts - a grade based on in-class writing and
homework (20%), a grade based on all of the court documents submitted (60%), and
a grade based on the Appellate Oral Argument (20%). Because in-class writing and
homework assignments are directly related to the progression of work on the court
documents, no late submissions or make-ups are allowed. Homework will, however,
be accepted by instructors on the day it is due via e-mail if the student cannot make it
to class. The Director is responsible for the final grades of all groups, and will ensure
that the grades comply with MSL’s grading curve.
DEADLINES:
All assignments must be submitted in the classroom at the start of class the day it is
due. Failure to meet this deadline will result in an automatic 4-point penalty per day.
As courts sometimes grant extensions for good cause, we will excuse late papers only
for good cause. The procedure is much the same as most court rules: the student
must submit a written motion and affidavit to the professor with specific reasons and
supporting documentation for an extension.
PLAGIARISM & OTHER UNETHICAL CONDUCT:
This course promotes cooperation among attorneys working on a client’s case; we
expect that students will research and collaborate on legal strategy. They will not,
however, write together, and will not use legal or other sources without proper
reference. Defacing, removing, hiding library books or any other obstruction or
interference with resources is prohibited. As future attorneys who will become officers
of the court, students in this class will be held to the highest standards.
ASSIGNMENTS AND CLASS TOPICS
Week 1 –IDENTIFYING THE ISSUES IN YOUR CLIENT’S CASE
Tuesday, January 18
1. Course objectives and requirements;
2. Discussion of the differences between last semester’s office memorandum and
this semester’s memorandum for a trial court and appellate brief - the attorney
as advocate, advisor and officer of the court;
3. Assignment of memorandum in the trial court;
4. In-class writing assignment 1- The issue(s) before the trial court.
Homework for next class:
1. Prepare relevant facts and legal theories list: Read fact pattern, and prepare a
descriptive word list of all relevant facts and legal theories
2. Read following article: Legal Research, Legal Writing, and Legal Analysis: Putting
Law School into Practice, 29 Stetson L. Rev. 1193 (2000).
3. Read pages 1-9, Just Briefs.
Thursday, January 20
1. Analyze the relevant facts and legal issue(s) before the trial court;
2. Discuss trial court jurisdiction, function and authority of trial courts;
3. Formulate a theory of the case.
Homework for next class:
Draft Research plan - Draft, step by step, what you will do in order to find the
authorities you need to answer the question(s) before the Trial Court.
Week 2 – RESEARCHING YOUR CLIENT’S CASE
Tuesday, January 25
1. Go over research plan;
2. Library – Find pertinent authority for the trial court memorandum;
Homework for next class:
1. Read pages 49-66, Just Briefs.
2. Find a sample memorandum written to a Massachusetts state court and
bring copy to class.
Thursday, January 27
1. Format of the Memorandum in the Trial Court;
2. Discussion of trial court memo format for jurisdiction of Massachusetts;
In-class writing assignment 2 – reading with a purpose: how have courts
ruled on the issue.
Homework for next class:
1. Read pages 10–45, Just Briefs.
2. Prepare list of authorities that will be cited in trial memo.
Week 3 – DRAFTING THE ARGUMENT
Tuesday, February 1
Review in-class assignment 2; Review Case analysis; discuss synthesis.
Homework for next class:
Bring three relevant cases that illustrate a rule of law to use for writing exercise.
Thursday, February 3
In-class assignment 3 – Synthesis exercise: how to concisely state a rule of law.
Explain a number of cases that stand for the same proposition.
Homework for next class:
Citation list: make a list of the authorities that will be cited in your memo.
Week 4 – FINISHING THE MEMO – CITATION AND EDITS
Tuesday, February 8
1. Citation exercise;
2. Last minute questions/problems on drafting memorandum;
Homework for next class:
Bring an extra copy of the memo for exercise.
Thursday, February 10
1. Memorandum in the trial court due;
2. In-class writing assignment 4 – post-draft outline
Homework for next class:
1. Prepare for oral argument.
2. Read pages 207-223, Just Briefs.
Week 5 – INTRODUCTION TO ORAL ADVOCACY
Tuesday, February 15
Students do practice oral arguments in the trial court.
In-class writing assignment 5 –oral argument critiques due.
Thursday, February 17
1. Review graded drafts of memoranda.
2. Rewrite due next Thursday.
Week 6 – FINAL DRAFT OF COURT MEMORANDUM – WESTLAW TRAINING
Tuesday, February 22
Students must do Westlaw certification training - part 1, secondary authority.
Thursday, February 24
1. Second draft of trial memo due.
2. Conclude Westlaw certification training – part 2, statutes and case law.
Week 7- REVIEW TRIAL COURT ADVOCACY
Tuesday, March 1
1. In-class writing assignment 6 – judge’s decision;
2. Discussion of Appellate Procedure.
Thursday, March 3
1. Graded second drafts of trial memoranda returned to students;
2. Conclude trial court oral argument practice.
Homework for next class:
1. Read pages 68-83, Just Briefs.
2. Look up the appropriate Rules of Appellate Procedure for the structure and
format of appellate briefs, and summarize the requirements. Do not merely
photocopy the rules.
Week 8 - INTRODUCTION TO APPELLATE ADVOCACY
Tuesday, March 8
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Assignment of Appellate Brief; students switch sides and choose partners
for oral argument;
Formulating the lawyer’s theory of the case and research strategy.
Discussion of sources to be consulted for appellate brief.
Homework for next class:
Appellate Research Plan: Draft plan for researching the issues on appeal.
Thursday, March 10
1. Discussion of Massachusetts Rules of Appellate Procedure;
2. Format of brief.
Homework for next class:
1. Read pages 84–117, Just Briefs.
2. Draft List of authorities for argument section of brief.
Week 9 – SPRING BREAK
Week 10 – OUTLINING: ORGANIZING THE ARGUMENT
Tuesday, March 22
Students submit and discuss relevant authority for appellate brief.
Discuss how to draft point headings.
Homework for next class:
1. Read pages 117-123, Just Briefs.
2. Students must bring to class a summary of the cases to be cited in the
appellate brief. The summary must include a brief factual description of
each case, the court’s decision and rationale, and how the case will be
used in the brief.
Thursday, March 24
1. Students discuss the authorities they found for the appellate brief.
2. In–class writing assignment 7 – headings and sub-headings of argument.
Homework for next class:
Outline of argument
Week 11 – ARGUMENT DUE
Tuesday, March 29
In-class writing assignment 8 – Policy Argument.
Go over outline of argument, point headings and subheadings.
Thursday, March 30
Appellate Brief Argument section is due.
Homework for next class:
1. Read pages 123-154, Just Briefs.
2. Find online an appellate brief written to a Massachusetts court and bring
to class.
Week 12 - CONSTRUCTING THE ENTIRE APPELLLATE BRIEF
Tuesday, April 5
1. Go over format of appellate brief;
2. Writing facts;
3. In –class writing assignment 9 – Legally significant facts.
Homework for next class:
Review pages 155-205, Just Briefs.
Thursday, April 7
Student conferences: Review Appellate Brief, Argument Section.
Homework for next class:
Look up Rules of Appellate Procedure for Oral Argument, and summarize
requirements.
Week 13 – INTRODUCTION TO APPELLATE ORAL ADVOCACY
Tuesday, April 12
Appellate Oral Advocacy – Practice arguments.
Thursday, April 14
Appellate brief due:
Complete Brief, without bound cover or addendum with statutes.
Practice Arguments.
Week 14 – PRACTICE ARGUMENTS
Tuesday, April 19
Practice Arguments.
Thursday, April 21
Conferences - Review graded appellate briefs.
Week 15 – FINAL BRIEFS and ORAL ARGUMENT
Tuesday, April 26
In-class assignment 10, Critique oral argument;
Review oral argument practice procedure.
Thursday, April 28
Final appellate briefs due
All students must come to class with six bound copies of their brief.
Final Oral Arguments - TBA