Insights from Clinical Teaching: Learning About Teaching Legal Writing from Working on Real Cases

H. Anderson
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引用次数: 1

Abstract

I began teaching legal writing in 1994, but I've since had the occasional foray into practice through supervising students who represented clients in our state's appellate courts. I directed an appellate clinic for two years, and most recently I supervised two students who briefed and argued a case in the Washington State Supreme Court. These experiences have taught me some important lessons that I have brought back to my legal writing classes. The clinical cases have not only reminded me what writing for practice really entails, and how hard it is to follow our sage writing advice, but they have given me key insights into aspects of writing that we (or at least I) don't always address in first-year legal writing classes.In supervising students who are writing for a client, ethical dilemmas come up immediately, deadlines matter, and the faculty member has to be product-oriented. The final product is important in a way that the final product of a legal writing assignment is not. We are forced to follow a piece of writing all the way through to the end and make sure it is right. Collaboration has to work. And in the end, when we realize the outcome of our efforts, we come face-to-face with our limitations. This last lesson, the limitations of “good” writing, is one of the most important lessons I learned from directing a clinic.
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临床教学心得:从实际案例中学习法律写作教学
我从1994年开始教授法律写作,但从那以后,我偶尔会涉足实践,指导在我们州上诉法院代表客户的学生。我指导了一家上诉诊所两年,最近我指导了两名学生,他们在华盛顿州最高法院简述并辩论了一个案件。这些经历教会了我一些重要的教训,我把这些教训带回到我的法律写作课上。这些临床案例不仅提醒了我什么是真正的实践写作,以及遵循我们明智的写作建议是多么困难,而且它们让我对写作的各个方面有了关键的见解,这些方面是我们(或至少是我)在第一年的法律写作课上没有经常提到的。在指导为客户写作的学生时,道德困境马上就会出现,截止日期很重要,教师必须以产品为导向。最终的成果在某种程度上是重要的,而法律写作任务的最终成果则不是。我们被迫从头到尾看完一篇文章,确保它是正确的。合作必须起作用。最后,当我们意识到我们努力的结果时,我们会面对我们的局限性。最后一课,“好”写作的局限性,是我从指导诊所中学到的最重要的一课。
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