A Lawyer Writes: A Practical Guide to Legal Analysis » (1st Edition)

Christine Coughlin is a professor at Wake Forest University School of Law. Joan Malmud is a professor at the University of Oregon School of Law. Sandy Patrick is a Professor of Legal Writing at Lewis & Clark Law School.

Whether you are starting law school or preparing to start the practice of law, you need to learn the essential skills and theory of your trade. A Lawyer Writes puts the reader in the place of a first-year attorney tasked with real life assignments. In doing so, it teaches law students not only how to succeed in law school, but also how to succeed in the practice of law. The book uses graphics and visual samples to demonstrate the variety of ways in which attorneys write effectively, showing best practices in both traditional and electronic environments. Speaking to its reader in a straightforward manner, A Lawyer Writes communicates essential skills and theories so that they will be retained for a lifetime of legal practice.

Ch. 1 How Attorneys Communicate 3

Ch. 2 Sources and Systems of the Law 15

Ch. 3 Reading for Comprehension 33

Ch. 4 Finding Your Argument 57

Ch. 5 Organizing Your Legal Authority 67

Ch. 6 One Legal Argument 81

Ch. 7 Explaining the Law 87

Sect. 7.1 Explaining the Law: Rules 89

Sect. 7.2 Explaining the Law: Case Illustrations 101

Sect. 7.3 Explaining the Law: Citing and Avoiding Plagiarism 121

Ch. 8 Applying the Law 129

Sect. 8.1 Applying the Law: Rule-Based Reasoning 131

Sect. 8.2 Applying the Law: Analogical Reasoning 135

Sect. 8.3 Applying the Law: Counter-Analyses 151

Sect. 8.4 Applying the Law: Organizing Your Application of the Law 161

Ch. 9 Conclusions to One Legal Argument 165

Ch. 10 Policy 171

Ch. 11 Statutory Analysis 179

Ch. 12 The Discussion Section: Introducing and Connecting Legal Arguments 197

Ch. 13 Question Presented and Brief Answer 213

Ch. 14 Statement of Facts 229

Ch. 15 Conclusion to the Memorandum 239

Ch. 16 Editing and Polishing 243

Ch. 17 Professional E-mails 269

App. A Effective Memo: Adverse Possession 279

App. B Effective Memo: Intentional Infliction of Emotional Distress 289

App. C Less Effective Memo: Intentional Infliction of Emotional Distress 297

Glossary 303

Index 309