Legal Writing Beyond Memos and Briefs: An Annotated Bibliography
Carrie W. Teitcher*
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Critics of legal education are calling upon the law schools to do a better job training law students for the practice of law and, in particular, for the many variations of law practice that they may encounter.1 Accordingly, law school professors are increasingly looking beyond focusing only on the office memorandum and appellate brief2 in the first-year and upper-class law school curriculum.
A typical first- year legal writing class3 will teach case synthesis and statutory and case analysis, large-scale and small-scale organization, concision, and clarity by having students write objectively in the fall semester (the office memorandum) and persuasively in the spring semester (the appellate brief).4 Sometimes, the client advice letter is introduced, which combines objective and persuasive writing and teaches the role of audience in legal writing.5 Although first-year writing assignments often are limited to the litigation setting, upperclass courses are multiplying and diversifying: they may cover general drafting (transactional, legislative or litigation drafting),6 subject-specific drafting,7 scholarly writing,8 or judicial opinion writing.9 Sometimes these upper-class courses are integrated with doctrinal subjects so that “students learn doctrine by using it practically and learn practical skills through an increasingly familiar branch of doctrine.”10 Thus, while law schools may differ in approach,11 writing programs are responding to the MacCrate12 and Carnegie13 reports and endeavoring “to teach students to think and communicate like lawyers.”14
One way to bridge the gap between law school and practice15 is to teach writing in the context of documents other than memos and briefs. Distinctive skills are needed to learn how to draft clear documents that are at the core of an attorney’s practice: contracts and other transactional documents, different kinds of letters, pleadings, motions, and affidavits. Law students who choose a different path and assume positions in government or public interest advocacy organizations may need training in drafting clear legislation. Those pursuing clerkships produce scholarly writing which has its own style and structure. And relevant to all lawyers is the need to apply ethical considerations in drafting any legal document and to communicate effectively, whether by letter or e-mail. In short, the basics of good legal writing need to be applied across the board to a myriad of lawyer tasks.
Another way to bridge the gap is for practicing lawyers to attend continuing legal education seminars and to teach themselves legal writing designed to enhance the teaching and the “doing” of legal writing beyond memoranda and briefs. There are references that are relevant to the first-year legal writing classes, advanced legal writing classes, and doctrinal classes that include drafting components as well as for practitioners looking to improve their writing and drafting skills in documents other than memoranda and briefs. Categories include contracts and other transactional documents, corporate resolutions, letters and emails, litigation drafting (pleadings, motions, and affidavits), judicial opinion writing, legislation, and scholarly writing. Materials on ethics,16 alternative dispute resolution, and collaborative lawyering are included to the extent that they reflect the ethical considerations that arise when drafting legal documents and the importance of good teamwork or collaboration in the practice of law. In addition, the bibliography includes materials that address effective exam writing, given that “issue spotting” and analysis are essential to good lawyering.
This bibliography lists books17 or articles that address the drafting of a particular type of legal document or the use of a particular method of communication. Multiple cross-references to books are listed as they may contain chapters on different types of writing. Similarly, articles may be cross-referenced more than once as they touch on different writing goals. I have not included materials that discuss legal research, are theoretical in scope, are broad statements of legal writing pedagogy,18 relate to academic support, or are general articles about grammar or plain English, unless they are relevant to the drafting of a particular document. Materials on wills drafting have also been omitted. Finally, I have not included materials that discuss teaching doctrinal courses. I have endeavored to include those references that are the most practical and instructive in how to improve the drafting of a legal document. There is no shortage of wonderful resources and if any were omitted or overlooked, the fault is mine and mine alone.
I. Affidavits
Affidavits or declarations are used to provide evidence of facts in a number of different settings within law practice. These books and articles contain advice about their drafting.
Books
Barbara Child, Drafting Legal Documents: Principles and Practices 68 (2d ed.., West Publg. Co. 1992).
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 108 (Found. Press 2004).
Bryan A. Garner, The Redbook: A Manual of Legal Style 375 (2d ed., Thomson West 2006).
Wayne Schiess, Writing for the Legal Audience 92 (Carolina Academic Press 2003).
Articles
Stacy Caplow, Putting the “I” in Wr*t*ng: Drafting An A/Effective Personal Statement to Tell a Winning Refugee Story, 14 Leg. Writing 249 (2008). Noting the lack of instructive resources on how to craft an affidavit, the author suggests a model for teaching affidavits in the context of asylum law and suggests that the model could be applied to other practice areas. The model is designed to address not only the structure of the affidavits, but also the content.
David L. Lee, Summary Judgment: The Intersection of Legal Writing & Trial Practice, 12 CBA Rec. 16 (April 1998). The author presents advice for the practitioner for drafting summary judgment motions including specific guidance in how to draft affidavits.
Scott Moise, The Scrivener: Affidavits, 16 S.C. Law. 47 (March 2005). After examining the rules in South Carolina, the article offers a step-by-step guide to drafting affidavits in state court.
Wayne Schiess, Plain Language: Writing to the Trial Judge: Part Two — For Affidavits, 83 Mich. B.J. 44 (Feb. 2004). In this article, the author offers several suggestions to help the drafter of an affidavit get the court’s attention by using the bold synopsis and headings, and by creating a neat, clean look.
II. Alternative Dispute Resolution
The process of alternative dispute resolution provides drafting experiences that may be different from those of traditional litigation.
Articles
Pearl Goldman, Alternative Dispute Resolution as a Vehicle for Promoting Collaborative Learning, 15 The Second Draft (newsltr. of the Leg. Writing Inst.) 5 (June 2001). The author discusses using alternative dispute resolution assignments in the first-year lawyering class to provide students with the opportunity to “experience the benefits of teamwork and cooperation.”
Kate O’Neill, Adding an Alternative Dispute Resolution (ADR) Perspective to a Traditional Legal Writing Course, 50 Fla. L. Rev. 709 (1998). The author advocates introducing alternative dispute resolution ethos into the first-year legal writing course to minimize the litigation bias prevalent in the first-year curriculum.
III. Collaborative Lawyering
The articles listed here stress the relevance of “collaborative lawyering” to the practice of law or suggest techniques that improve teamwork, self-learning, or collaborative skills necessary to good lawyering.
Articles
Kirsten K. Davis, Designing and Using Peer Review in a First-Year Legal Research and Writing Course, 9 Leg. Writing 1 (2003). According to the author, in-class peer review experiences improve students’ abilities to work collaboratively and to better evaluate their own writing. In the process, students learn to respect the judgments of others and to work more efficiently.
Susan L. DeJarnatt, In re MacCrate: Using Consumer Bankruptcy as a Context for Learning in Advanced Legal Writing, 50 J. Leg. Educ. 50 (2000). The course described in this article afforded students the opportunity to hone their lawyering skills and, in the process, to appreciate the importance of teamwork and collaboration to the practice of law. Using a consumer bankruptcy situation as the substantive context for the course, the author introduced students to the processes of collaboration and negotiation necessary to the successful practice of law.
Elizabeth L. Inglehart, Kathleen Dillon Narko & Clifford S. Zimmerman, From Cooperative Learning to Collaborative Writing in the Legal Writing Classroom, 9 Leg. Writing 185 (2003). This article examines the use of collaborative learning in legal writing classes and concludes that collaborative learning “serves a useful and important purpose in our law school curriculum.”
Terri LeClerq, ed., Collaboration, 8 The Second Draft (newsltr. of the Leg. Writing Inst.) 6 (April 1993). The authors discuss collaborative learning techniques.
Pamela Lysaght & Danielle Istl, Integrating Technology: Teaching Students to Communicate in Another Medium, 10 Leg. Writing 163 (2004). The authors created a “technology unit” in the first-year writing course which required students to use the Internet as a research tool and then use presentation software to present their analysis to a client to “replicate as much as possible the collaborative experience in law firms.” The program was designed to “teach students how to collaborate and work as a team.”
Vernellia R. Randall, Increasing Retention and Improving Performance: Practical Advice on Using Cooperative Learning in Law Schools, 16 Thomas M. Cooley L. Rev. 201 (1999). Based on an examination of the differences between traditional law school pedagogy and cooperative learning, the author argues that cooperative learning should be used in law school because it improves negotiation and mediation skills. She suggests strategies for its successful implementation.
Clifford S. Zimmerman, “Thinking Beyond My Own Interpretation:” Reflections on Collaborative and Cooperative Learning Theory in the Law School Curriculum, 31 Ariz. St. L.J. 957 (1999). The author proposes guidelines for implementing cooperative learning (a “group process” resulting in an individual product) and collaborative writing (a process resulting in a group product) in law school writing assignments generally, and for first-year legal analysis assignments in particular.
The following articles appeared in volume 15 of The Second Draft, the newsletter of the Legal Writing Institute. The theme for this edition was Collaboration and Cooperation in the Legal Writing Classroom. The essays listed here are representative of the types of collaboration used to foster an enriched legal writing experience. The lessons learned are easily adapted to law practice. The complete list of articles appearing in this (or any other) edition of The Second Draft is available at http://lwionline.org/publications/seconddraft. asp.
Ken Chestek, The “Moot Case” Approach to Student Collaboration, 15 The Second Draft (newsltr. of the Leg. Writing Inst.) 6 (June 2001). The author presents his model of teaching, which focuses the entire semester around a moot court case. Not only does this method teach lawyering skills, but also it introduces students to ethical concerns and fosters collaboration and respectful competition among students.
Pearl Goldman, Alternative Dispute Resolution as a Vehicle for Promoting Collaborative Learning, 15 The Second Draft (newsltr. of the Leg. Writing Inst.) 5 (June 2001). The author discusses ADR as an alternative learning situation which offers students an excellent opportunity to collaborate in developing lawyering skills, including writing and collaborative learning.
James B. Levy, “Can’t We All Just Get Along?” Cooperative Legal Writing Assignments, 15 The Second Draft (newsltr. of the Leg. Writing Inst.) 1 (June 2001). The author posits that the right balance of cooperative learning in teaching legal writing fosters collaboration, yet holds each individual accountable. This leads to greater understanding and confidence as well as better learning.
Jane Muller-Peterson, A Collaborative Approach to Teaching Legal Analysis, 15 The Second Draft (newsltr. of the Leg. Writing Inst.) 1 (June 2001). The collaborative approach helps first-year students overcome difficulties as they learn how to think like a lawyer. The author offers examples of collaborative exercises.
Judy Rosenbaum & Cliff Zimmerman, Fostering Teamwork Through Cooperative and Collaborative Assignments, 15 The Second Draft (newsltr. of the Leg. Writing Inst.) 7 (June 2001). The authors discuss the use of cooperative exercises (for which group members work together but produce individual documents) and collaborative exercises (for which the group works together to produce a jointly created document).
IV. Contracts & Transaction Documents
This section lists books and articles that address contract and transactional document drafting with an emphasis on the practical aspects of drafting, clarity, and simplicity.
Books
Kenneth A. Adams, Legal Usage in Drafting Corporate Agreements (Quorum Books 2001).
Deborah E. Bouchoux, Aspen Handbook for Legal Writers: A Practical Reference 183 (Aspen Publishers 2004).
Susan L. Brody, Jane Rutherford, Laurel A. Vietzen & John G. Dernbach, Legal Drafting 203 (Little, Brown & Co. 1994).
Scott J. Burnham, Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law (3d ed., LexisNexis 2003).
Charles R. Calleros, Legal Method and Writing (5th ed., Aspen Publishers 2006).
Barbara Child, Drafting Legal Documents: Principles and Practices 112 (2d ed., West Publg. Co. 1992).
Elizabeth Fajans, Mary R. Falk & Helene S. Shapo, Writing for Law Practice 467 (Found. Press 2004).
Robert A. Feldman & Raymond T. Nimmer, Drafting Effective Contracts: A Practitioner’s Guide (2d ed., Aspen Publishers 1999 & Supp. 2007). Carl Felsenfeld & Alan M. Siegel, Writing Contracts in Plain English (West Group 1981).
Bryan A. Garner, The Redbook: A Manual of Legal Style 453 (2d ed., Thomson West 2006).
Thomas R. Haggard & George W. Kuney, Legal Drafting: Process, Techniques, and Exercises 23 (2d ed., Thomson West 2007).
George W. Kuney, The Elements of Contract Drafting with Questions and Clauses 140 Journal of the Association of Legal Writing Directors Vol. 5 for Consideration (2d ed., Thomson West 2006).
Mary Barnard Ray & Barbara J. Cox, Beyond the Basics: A Text for Advanced Legal Writing 89 (2d ed., Thomson West 2003).
Deborah A. Schmedemann & Christina L. Kunz, Synthesis: Legal Reading, Reasoning, and Writing 475 (3d ed., Aspen Publishers 2007).
Tina L. Stark, Drafting Contracts: How and Why Lawyers Do What They Do (Aspen Publishers 2007).
Steven D. Stark, Writing to Win: The Legal Writer, The Complete Guide to Writing Strategies that Will Make Your Case — and Win It 246 (Broadway Books 2000).
Articles
Kenneth A. Adams, The New New Rules of Drafting (Part Two), 81 Mich. B.J. 40 (Aug. 2002). The author demonstrates the use of clear and efficient writing in the drafting of contract prose.
Dennis I. Belcher & Laura O. Pomeroy, A Practitioner’s Guide for Negotiating, Drafting and Enforcing Premarital Agreements, 37 Real Prop., Prob. & Trust J. 1 (Spring 2002). Practitioners present a guide for negotiating and drafting premarital agreements and include the basic provisions of the Uniform Premarital Agreement Act.
Daniel B. Bogart, The Right Way To Teach Transactional Lawyers: Commercial Leasing and the Forgotten “Dirt Lawyer,” 62 U. Pitt. L. Rev. 335 (2000). Using the commercial lease as an example, the author advocates combining the instruction of substantive law with negotiation, drafting, and skills used by the transactional lawyer. The transaction, and the document or documents that form the basis for the transaction, should be the foundation for the course.
Brian D. Bowden, Drafting and Negotiating Effective Confidentiality Agreements (With Forms), 41 Prac. Law. 39 (Oct. 1995). The author explains the various provisions of a confidentiality agreement and presents two samples: one favoring the interested party and one favoring the disclosing party.
Scott J. Burnham, How to Read a Contract, 45 Ariz. L. Rev. 133 (2003). The author offers step-by-step analysis for reading contracts by explaining the implicit protocols employed by an experienced reader of contracts and attempts to convey those protocols to the novice.
Scott J. Burnham, Using Contracts To Teach Practical Skills: Drafting in the Contracts Class, 44 St. Louis U. L.J. 1535 (2000). Emphasizing the need to blend blending theory with practice to teach contracts, this article provides drafting exercises to supplement cases. These exercises highlight principles of contract law in the context of planning while helping students develop their skills as lawyers while appealing to different learning styles.
Barbara Child, The Study of Contract Drafting Strategy: Exercises in Mine Detection, 42 J. Leg. Educ. 279 (1992). The author posits that students can learn a great deal about drafting contracts by examining the “land mines” in form contracts. Form contracts for the purchase and sale of real estate are examined.
Carol Chomsky & Maury Landsman, Using Contracts to Teach Practical Skills: Introducing Negotiation and Drafting Into the Contracts Classroom, 44 St. Louis U. L.J. 1545 (2000). The authors describe how they collaborated in a team-teaching approach to teaching contracts, contract drafting and contract negotiation. By introducing a drafting and negotiation problem into the classroom, authors discuss how the instructor can create an active learning environment, where students learn by doing rather than by thinking abstractly and talking.
Phyllis G. Coleman & Robert M. Jarvis, Using Skills Training to Teach First- Year Contracts, 44 Drake L. Rev. 725 (1996). Simulation exercise to teach negotiation and drafting of contracts are discussed.
Maureen B. Collins, Drafting Transaction Documents: The Pieces of the Puzzle, 88 Ill. B.J. 110 (Feb. 2000). The author lays out the standard components of a transactional document that accurately reflects the “picture” of the deal.
Terence Floyd Cuff, Drafting Partnership and LLC Agreements: Part 1, 3 Bus. Entities 22 (May/June 2001). The author, a tax attorney, examines the venture agreement, urging drafters to use forms cautiously. Drafters should completely understand every provision that they draft and use only provisions that they understand.
Eric Goldman, Integrating Contract Drafting Skills and Doctrine, 12 Leg. Writing 209 (2006). The author discusses the challenges inherent in integrating drafting skills into a doctrinal course. The author describes how he introduced sample agreements and drafting assignments to teach skills in the context of contract doctrine.
Charles C. Lewis, The Contract Drafting Process: Integrating Contract Drafting in a Simulated Law Practice, 11 Clin. L. Rev. 241 (2005). This article reaches the conclusion that an effective way of teaching contract drafting in an upper level course is through simulated law practice so that “students learn contract drafting as lawyers experience it.”
Louis N. Schulze Jr., Transactional Law in the Required Legal Writing Curriculum: An Empirical Study of the Forgotten Future Business Lawyer, 55 Clev. St. L. Rev. 59 (2007). The author examines whether the first-year legal writing course should include transactional drafting and posits that law schools should expand their writing curricula to include training for both the litigator and transactional attorney. The author proposes several models that would integrate transactional lawyering into the writing curriculum.
Justin Sweet, Contract Drafting: Seminar Style, 21 J. Leg. Educ. 464 (1969). The author gives a detailed description of a third-year contracts drafting seminar. The seminar’s primary purpose is to bridge the gap between legal education and contracts drafting in practice. Students learn by doing prescribed problems, comparing work with fellow seminar students, and having work evaluated by practicing lawyers. Examples of detailed drafting exercises and problems are included.
Robert Whitman, Conducting Contract Negotiations: A Seminar on Legal Problems Exercise, 15 J. Leg. Educ. 72 (1962). The author suggests using exercises in contract negotiation by using hypothetical client letters. Internet Resources
Tina L. Stark, Contract Drafting — Treatises: Transactional Training Resource Guide, http://www.starklegaled.com/resources/index.php?id=320 (last accessed June 6, 2008).
V. Corporate Documents
Corporate documents have their own needs, yet the need for clear and concise writing is no different from other documents. Students and practitioners can improve the drafting of corporate documents by applying the principles of clear writing.
Articles
Kenneth A. Adams, Legal Usage in Drafting Corporate Resolutions (With “Before” and “After” Examples), 6 Prac. Law. 43 (Sept. 2002). The premise of this article is that the same principles of clear writing that are applied to contract drafting should be applied to the drafting of corporate resolutions. Samples of “before” and “after” versions of board of directors’ written forms of consent are included.
Kenneth A. Adams, The New New Rules of Drafting (pt. 1), 81 Mich. B.J. 48 (July 2002). Practical tips in drafting corporate agreements are explained. Christian C. Day, Teaching Students How to Become In-House Counsel, 51 J. Leg. Educ. 503 (2001). Heeding the call of the MacCrate Report to integrate lawyering skills into the law school curriculum, Syracuse University College of Law created a course called “General Counsel Applied Learning Course” to introduce students to the practice of corporate law from the perspective of in-house counsel. This article describes how the course teaches the myriad of skills necessary to being an in-house attorney and advocates that all law students can benefit from a course that teaches “good drafting, negotiation skills, management skills, and a concern for ethics.”
VI. E-Mails
With the advent of e-mail as the correspondence of choice among attorneys and their clients, practitioners and law schools need to be attentive to, and improve, e-mail writing and etiquette. This section lists some of the new scholarship in this area.
Books
Mary Barnard Ray, The Basics of Legal Writing 267 (Thomson West 2006).
Helene S. Shapo, Marilyn R. Walter & Elizabeth Fajans, Writing and Analysis in the Law 353 (5th ed., Found. Press 2008).
David Shipley & Will Schwalbe, Send: The Essential Guide to Email for Office and Home (1st ed., Alfred A. Knopf 2007).
Steven D. Stark, Writing to Win: The Legal Writer, The Complete Guide to Writing Strategies that Will Make Your Case — and Win It 236 (Broadway Books 2000).
Articles
Anne Enquist & Laurel Oates, You’ve Sent Mail: Ten Tips to Take With You to Practice, 15 Persps. 127 (Winter 2007). The rise of e-mail as correspondence of choice among lawyers calls for increased professionalism in crafting e-mails. Ten guidelines for ensuring professionalism in e-mails are suggested.
VII. Ethics
The materials listed here offer concrete suggestions for teaching ethics or professional responsibility in the context of particular writing tasks. Materials that discuss the substantive law of professional responsibility are not included.
Books
Thomas R. Haggard & George W. Kuney, Legal Drafting: Process, Techniques, and Exercises 89 (2d ed., Thomson West 2007).
Melissa H. Weresh, Legal Writing: Ethical and Professional Considerations (LexisNexis 2006).
Articles
Susan L. DeJarnatt, In re MacCrate: Using Consumer Bankruptcy as a Context for Leaning in Advanced Legal Writing, 50 J. Leg. Educ. 50 (2000). The author describes a course in which students were faced with ethical considerations typical of a practicing attorney while learning a specific area of law. By using a consumer bankruptcy situation as the substantive context for the course, the author hoped to help students to resolve ethical dilemmas and avoid conflict.
Pamela Edwards & Sheilah Vance, Teaching Social Justice Through Legal Writing, 7 Leg. Writing 63 (2001). By using fact patterns that contain social justice issues, the authors hope to encourage diversity, maintain student interest, and raise social issues which, in turn, create lawyers who are more sensitive and well rounded.
Margaret Z. Johns, Teaching Professional Responsibility and Professionalism in Legal Writing, 40 J. Leg. Educ. 501 (1990). The author discusses how she introduced professional responsibility issues in the first-year legal writing course through the teaching of the demand letter and briefly addresses the ethical considerations that arise in the context of other “first-year” documents such as client letters and complaints, among others.
David McGowan, Judicial Writing and the Ethics of the Judicial Office, 14 Geo. J. Leg. Ethics 509 (2001). Ethical judges must write judicial opinions free of their own biases and personal feelings about a case. The author proposes the adoption of rules to guide the writing of judicial opinions to promote a “party-centered model of judging.”
Binny Miller, Telling Stories About Cases and Clients: The Ethics of Narrative, 14 Geo. J. Leg. Ethics 1 (2000). The author addresses the ethics of telling stories about clients and poses the question whether the lawyer or the client “owns” the story. The author concludes that the issue is complex and recommends “an ethics of narrative that respects client stories beyond the confines of confidentiality.”
Julie A. Oseid, It Happened to Me: Sharing Personal Value Dilemmas to Teach Professionalism and Ethics, 12 Leg. Writing 105 (2006). The author discusses how the first-year writing course is particularly well suited for introducing real-life ethical issues — “value dilemmas” — to highlight ethical considerations faced by lawyers in every aspect of their professional lives.
* © Carrie W. Teitcher 2008. Carrie Teitcher is an Assistant Professor of Legal Writing at Brooklyn Law School. The author wishes to thank Marilyn Walter, Director of the Legal Writing Program at Brooklyn; Elizabeth Fajans, Associate Professor of Legal Writing and Writing Specialist; Linda Feldman, Director of the Academic Success Program; Victoria Szymczak, Acting Director of Brooklyn Law School’s Library; and Corine Ho, my research assistant, for their invaluable support and assistance with this annotated bibliography.
1 See e.g. William M. Sullivan et al., Educating Lawyers: Preparation for the Profession of Law (Jossey- Bass 2007) [hereinafter Carnegie Report because the study was undertaken by The Carnegie Found. for the Advancement of Teaching]; ABA Sec. Leg. Educ. &Admis. to the B., Legal Education and Professional Development — An Educational Continuum, Report of The Task Force on Law Schools and the Profession: Narrowing the Gap 4 (ABA 1992) [hereinafter MacCrate Report because the chair of the task force was Robert MacCrate].
2 ABA Sec. Leg. Educ. & Admis. to the B., Sourcebook on Legal Writing Programs (Eric B. Easton gen. ed., 2d ed. 2006) 2006) [hereinafter Sourcebook] (“The most commonly taught documents are the objective office memorandum, the persuasive brief (trial level or appellate), and the client letter.”).
3 The teaching of legal research, which is frequently integrated into the first-year legal writing curriculum, is outside the scope of this bibliography and is not addressed here.
4 While this is by no means the sole paradigm for teaching legal research and writing in the first year of law school, it is the model most often used.
5 Sourcebook, supra n. 2, at 21.
6 Id. at 178.
7 Id. at 179.
8 Id. at 193.
9 Id. at 183.
10 Id. at 190 (citing Susan L. DeJarnatt, In re MacCrate: Using Consumer Bankruptcy as a Context for Learning in Advanced Legal Writing, 50 J. Leg. Educ. 50 (2000)).
11 See e.g. Association of Legal Writing Directors–Legal Writing Institute, 2007 Survey Results, Questions 19, 20, http://www.alwd.org/surveys/survey_results/2007_Survey_Results.pdf (last accessed June 6, 2008).
12 MacCrate Report, supra n. 1.
13 Carnegie Report, supra n. 1.
14 Sourcebook, supra n. 2, at 6.
15 Carnegie Report, supra n. 1, at 87.
16 “Since the 1970s all students have been required to take a course in professional responsibility and legal ethics.” Carnegie Report, supra n. 1, at 136.
17 Books are included in this bibliography if there is a chapter on how to craft a particular document or address a concern specific to the practice of law. While they are listed, and they vary in their approach, they are not annotated here. Pinpoint citations are provided for books in which multiple documents are discussed, but they are not provided where the entire book addresses a particular document.
18 To the extent that sources straddle the line between general discussions of legal writing pedagogy and practical application, they have been included in the “Miscellaneous” section that follows the alphabetical listing seen here.