Robin Wellford Slocum - Legal Reasoning, Writing, and Other Lawyering Skills, Third Edition

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LEGAL REASONING, WRITING, AND OTHER LAWYERING SKILLS

LexisNexis Law School Publishing Advisory Board

---

William Araiza
Professor of Law
Brooklyn Law School

Lenni B. Benson
Professor of Law & Associate Dean for Professional Development
New York Law School

Raj Bhala
Rice Distinguished Professor
University of Kansas, School of Law

Ruth Colker
Distinguished University Professor & Heck-Faust Memorial Chair in Constitutional Law
Ohio State University, Moritz College of Law

David Gamage
Assistant Professor of Law
UC Berkeley School of Law

Joan Heminway
College of Law Distinguished Professor of Law
University of Tennessee College of Law

Edward Imwinkelried
Edward L. Barrett, Jr. Professor of Law
UC Davis School of Law

David I. C. Thomson
LP Professor & Director, Lawyering Process Program
University of Denver, Sturm College of Law

Melissa Weresh
Director of Legal Writing and Professor of Law
Drake University Law School
Legal Reasoning, Writing, and Other Lawyering Skills

Legal Reasoning, Writing, and Other Lawyering Skills

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T hird E dition

ROBIN WELLFORD SLOCUM
Professor of Law
Chapman University School of Law

ISBN 978-0-3271-7450-9 (eBook)

Library of Congress Cataloging-in-Publication Data

Slocum, Robin Wellford.

Legal reasoning, writing, and other lawyering skills / Robin Wellford Slocum. [3rd ed.].

p. cm.

Rev. ed. of: Legal reasoning, writing, and persuasive argument. c2006.

Includes index.

ISBN 978-1-4224-8156-1 (perfect bound)

1. Legal composition. 2. LawUnited StatesMethodology. I. Slocum, Robin Wellford. Legal reasoning, writing, and persuasive argument. II. Title.

KF250.S568 2011

808.06634dc22

2011005804

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

LexisNexis and the Knowledge Burst logo are registered trademarks and Michie is a trademark of Reed Elsevier Properties Inc., used under license. Matthew Bender and the Matthew Bender Flame Design are registered trademarks of Matthew Bender Properties Inc.

Copyright 2011 Matthew Bender & Company, Inc., a member of the LexisNexis Group.
All Rights Reserved.

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(2011_Pub.3166)

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ACKNOWLEDGMENTS

I would like to thank my students at both Washington University and Chap
man University, without whom this book would not have been possible. It is through their questions, challenges and breakthroughs that I am inspired to try
new approaches and become a more effective educator. I would also like to express my gratitude to numerous former and present colleagues who were the
source of ideas that appear as exercises in this book and who provided editorial
support and constructive criticism. They include, Heidi Brown, Jenny Carey, Jacline Evered, Breana Frankel, Jeff Hanslick, Stephanie Hartley, Jayne Kacer, Jo Ellen Lewis, Tomea Mayer, Ann Shields, and Dana Underwood. I would also like to thank and acknowledge New York University School of Law and their Moot Court Casebook, whose hypothetical problems inspired some of the appellate and trial court brief examples that appear in the Appendices.

I am blessed to be a part of the national legal writing community, a community in which colleagues so generously share their innovative ideas and expertise. Many of these ideas have inspired teaching approaches, exercises and examples that appear in this book. I also owe a debt of gratitude to so many people in the legal writing field for their encouragement and support as I grow as a teacher, writer and human being. I am also so appreciative of the Deans and faculty at Chapman University School of Law. They have fully supported my efforts and created a work environment in which it is a true pleasure to teach and write.

Evaluating a clients legal problem and communicating that analysis to the client is the cornerstone of any lawyer's practice. However, this fundamental role requires that you be proficient in a number of different roles that of investigator (eliciting the relevant facts that give rise to a legal issue and researching the relevant law), advisor (assessing how the law impacts your clients, and advising them of their legal rights and obligations), and advocate (advocating for your clients interests). Day in and day out, in every field of law, you will have the opportunity to practice and master these skills. Legal Reasoning, Writing, and Other Lawyering Skills is designed to help you develop these fundamental lawyering skills.

Legal writing is challenging, in part, because the clarity and effectiveness of the final product depends on the clarity of the underlying legal reasoning. Thus, this book teaches and illustrates the underlying skills of legal reasoning and analysis that are integral components of effective legal writing. The forms of written communication in legal writing are also new and challenging. In fact, even though you have been writing most of your life, the legal writing terrain is deceptively challenging for that very reason. To become a skilled legal writer, you must be willing to abandon writing techniques that have worked well in other disciplines, and be open to learning new ways of expressing yourself. Therefore, this book is also designed to help you become a skilled writer by teaching and illustrating effective templates for written legal analysis and argument. It is my hope that you will not only find this book to be a valuable learning guide during law school, but that it will also serve as a useful resource to you as you begin practicing law.

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