THE IMPORTANCE OF LEGAL WRITING SKILLS
THE IMPORTANCE OF LEGAL WRITING SKILLS
KATHRYN R . L . RAND Dean , University of North Dakota School of Law
Earlier this year , I had the opportunity to visit with an alum who is in-house counsel for a large financial corporation . As I often do with our alumni , I asked him what was the most important skill we could teach our students so they could follow in his footsteps . In other words , what should we focus on in our curriculum to equip our graduates for successful legal careers ? He didn ’ t hesitate with his two-word answer : “ Legal writing .”
In fact , that ’ s what I hear consistently from lawyers across our state and nation , and from a cross-section of legal careers . Competent writing skills , backed up by efficient research and solid analytical skills , are always at the top of any list of the essential skills for attorneys .
The data supports what our alums are saying . In a 2013 survey , law firm partners in Minnesota rated effective written and oral communication skills as the second most important qualification they look for in hiring new associates . ( The most important was integrity .) According to another recent survey of Midwestern law firms , legal employers value the fundamental practical skills of legal research and writing , along with interpersonal skills , most highly in hiring decisions .
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Further , legal writing , research , and analysis skills are central to the bar exam . Two written components – the Multistate Essay Examination ( MEE ) and the Multistate Performance Test ( MPT )– focus on these skills :
The purpose of the MEE is to test the examinee ’ s ability to ( 1 ) identify legal issues raised by a hypothetical factual situation ; ( 2 ) separate material which is relevant from that which is not ; ( 3 ) present a reasoned analysis of the relevant issues in a clear , concise , and well-organized composition ; and ( 4 ) demonstrate an understanding of the fundamental legal principles relevant to the probable solution of the issues raised by the factual situation . The primary distinction between the MEE and the Multistate Bar Examination ( MBE ) [ the multiple-choice component of the bar exam ] is that the MEE requires the examinee to demonstrate an ability to communicate effectively in writing .
The MPT is designed to test an examinee ’ s ability to use fundamental lawyering skills in a realistic situation and complete a task that a beginning lawyer should be able to accomplish . The MPT is not a test of substantive knowledge . Rather , it is designed to evaluate certain fundamental skills lawyers are expected to demonstrate regardless of the area of law in which the skills are applied .
Together , the MEE and the MPT account for 50 percent of the score on the Uniform Bar Exam , which is now used in 26 states , including North Dakota .
In other words , if the goal is to produce practice-ready law graduates who will be competitive on the legal job market , then our curriculum must provide high-quality teaching in legal writing , research , and analysis .
That ’ s been central to our curriculum development for nearly two decades . In fact , UND School of Law was at the forefront in investing in the first-year legal writing program . We developed the two-semester sequence in Lawyering Skills over a decade ago and staffed it with full-time , tenureeligible faculty . Lawyering Skills is the core foundational practical skills course in the law school ’ s curriculum . It is designed to provide students with a solid base of legal writing , research , and analysis skills .
Each year , faculty teaching in this area work to enhance the course . As Lawyering Skills is currently taught , the course focuses on effective written communication , factual analysis , legal analysis and reasoning , organization , and problem-solving . Students compete numerous assignments over the course of the year and receive extensive feedback on their work , including through one-on-one meetings with faculty .
Students then hone these basic skills throughout the second and third year curriculum , including through two new course requirements : the Intensive Writing Experience course requirement , where students work closely with faculty on writing projects with extensive individualized feedback , and the Intensive Legal Reading , Writing , and Analysis course , designed for students who are still building the