True. Recently, I posted a response to a question on legal research and writing that appeared on an on-line law school discussion forum that I frequent. Since LPS (Legal Practice Skills) is a required class for all Suffolk Law School 1Ls, I figure it is beneficial to post my response here too.
The questions asked were "How to best prepare for law school legal research and writing?" and "Which books were helpful for this purpose?"
Here is my answer with a few omissions and additions for relevance to this blog:
"For legal research and writing, we use the Sloan and Edwards books respectively. I found Edwards part three on writing the discussion section and part four on predictive writing, although a bit disjointed in their presentation, to be very helpful with my fall office memo. We are now writing persuasively for our spring memo, so I will let you know how well I think the book covers this material later.
Here are the ISBN numbers for the books:
Basic Legal Research: Tools and Strategies by Amy Sloan, 4th edition
ISBN-10: 0735576726
ISBN-13: 978-0735576728
Legal Writing and Analysis by Linda Edwards, 2nd Edition
ISBN-10: 0735562296
ISBN-13: 978-0735562295
I don't think the books are best read front cover to back cover. A more efficient way to understand the material is to read the chapters as you will use them in your research and wrting. Most likely you wil be assigned reading and you should follow your professor's syllabus as to what chapters will be relevant to your work and when. If you want to read some of the books before you start law school, the sections toward the front of the Edwards book which deal with the court system, legal authority, and writing for legal audiences are good preparation not just for research and writing, but for your other classes too. For example, your audience for the law school exams you write will be your professor. It is a good idea to keep what she/he wants to see in mind as you write.
The best preparation for the legal writing assignments is to practice case briefing. (Look this up on-line if you don't know what this is. There are some good books with examples available on how to brief cases too.) Briefing cases will help you to understand why a court came to the decision it did. You will need to know the key facts, holding, and reasoning of each case that you cite as authority (from a higher court than the one your case will be tried in) in your memo. Then, you will need to be able to draw an analogy between the key facts in the cases you cite and the facts in your case and determine how the court will apply the law. A good way to approach this interweaving of rules of law (taken from the holdings from the cases you cite) with the facts of your case to draw appropriate analogies is to ask yourself regarding the cases you cite "if I change this fact, would that yield a different outcome?"
The best advice for legal writing and research is to do EVERYTHING EXACTLY as your professor says. (I lost a half grade, A- to B+, as a deduction on my first draft of my fall memo because my margins were not exactly 1" on all sides!) While you should use proper grammar, this is not the time to demonstrate your writing ability learned in college as legal writing is much more
constrained and regulated. (The people who did the best on their first memos in my section, were those who did not assume that they were excellent writers to begin with and followed instruction to the letter.) If anything is unclear, ask in an email to the professor. Start writing early so that when questions come up as you write, you will have enough time to ask, receive a response, and revise your memo accordingly.
As a part-time, evening student, it will be tough to balance your other classes with writing papers especially if you are working full time and/or have a family (like me). You will need your weekends when you have large chunks of uninterrupted time to write because it's hard to start and stop again and keep everything coherent. A good draft took me about 7-8 hours to write! Plan carefully and keep everything in perspective (an A in another class worth more credits will likely contribute more to your GPA).
One last thing about time and planning as an evening student with a full time job. I find that it is nearly impossible to outline once a week as suggested by Suffolk and many law schools. I tried it and I never finished all the material that I covered in the week. I then became stressed out because I felt behind. I've found that I need to outline after classes during the week. It's 10 pm when I get home most nights but I try to outline using my notes from class while the material is fresh in my mind. I use the two nights when I don't have classes to work hypos on old exams and fill my outline from this practice. I read cases on the subway on my way to work and class. I will also read these materials on my lunch break at least one day a week. The other days I relax and eat lunch with colleagues to maintain some perspective and sanity. =)
Best of luck to you and I hope this helps!"