I've been kicking around pitching an idea for a course, tentatively titled “Introduction to Legal Writing for Public Consumption."

I'd like to marshal the fedihive mind and borrow the brains of folks much smarter and more experience than I -- does that sound like a law school course, or a journalism school course?

My experience of law school was that sort of writing wasn't even considered. Does that make this idea a feature or a bug?

#lawfedi #lawprofs #fediverse @law

@andrew @law Interesting. It might depend on what type of writing you're contemplating and for which "publics."

What kind of writings are you contemplating here?

@design_law

Good point! My initial idea came about through considering to what extent law school prepared me for the kind of writing I do for Bloomberg Tax.

But there is obviously a spectrum and my thinking of the "public" as some kind of homogenous group shouldn't go unchallenged/considered.

@andrew Oh, very interesting. Yeah, I bet it didn't, at least not directly. That's always a problem; we can't prepare everyone to do everything. There are just too many possible paths (and not enough time).

In any case, if this is something you want to try to "sell" to a law dean, I'd think about whether there are other kinds of public writing that the students are likely to do in practice. Press releases? Some client alerts? LinkedIn posts targeted to potential clients? Do atty ad rules apply?

@design_law This is super helpful, thank you so much! :)
@andrew @law It really should be both! Lawyers need to write explainers for clients or the public in plain English all the time. Journalists should have a basic understanding of legal concepts and reasoning. Both sides tend to be bad at those tasks!

@andrew
I'm going to depart from some of the earlier commenters and suggest that legal writing for public consumption isn't as important for lawyers, but is very important for judges, clerks, & journalists.

You're always writing for your intended audience. Most litigators will want to focus their briefs on persuading a trained jurist, and most transactional lawyers won't care about public consumption at all. But judges & their staff have a broader duty to make their writing accessible IMO.

@andrew
If writing for a future reader who will be parsing highly technical points of law, accessibility will be far less important than clarity and persuasiveness. But if writing for the public -- as judges and journalists do -- I think this sort of course would be fantastic.

That said, you could maybe convince me that transactional lawyers who draft consumer-facing contracts need to learn to straddle the line between technical/legal accuracy/clarity and readability by the general public.

@andrew @law I think it could be a law school course, especially if they have a short session or a 1 or 2 credit option. Law schools pitch grads as future community leaders and writing op eds is important part of that. p.s Please teach people where to find links to cases/dockets/legislation/regs so that they can put it in their piece.
@andrew @law I had an English professor who developed a course for jurists who wanted to learn how write so as to be clearly understood, and it was well-received
@andrew @law as someone who did both schools - my answer is BOTH

@andrew @law

As a journalist, I would say this is vitally important. Legal writing often tends to be defensive writing, which makes it difficult for people outside the discipline to translate, and therefore accept as truthful. Scientists are trying to do the same. I collaborated with a scientist to write a book for general audiences, meaningful work for both of us. I learned how to be both precise and clear, and she learned to trust how to say scientific truths in plain language.

@andrew @law Great thread - Agree w/ what folks are saying, and add that, as an undergrad, I took both "Physics for Poets" and "Poetry for Physicists" (think, "Rocks for Jocks" but we were expected to learn stuff) in order to meet my school's distribution req's

Both were enlightening & I learned skills in them that I continue to use almost daily - there's a real art to explaining something that one knows a great deal about, to someone who doesn't

@andrew being neither a lawyer or a journalist, I’d say this feels more like a law school course. Writing for “the public” feels like a core journalistic skill, including writing for a different “public” in different contexts.
My background is in a different technical discipline (IT), and being able to write for an audience not already steeped in the industry is a rare and valuable skill. I would say that is also under-appreciated though - it can easily feel like “not my real job”
@andrew another aspect of this that I feel warrants consideration is who you pitch it to. The ability to communicate effectively to a “public” audience has been something that’s far Iess useful as a junior (in my experience). For me, I simply wasn’t in the room with people where it mattered early in my career.

@andrew I was hoping for more of a civics course: Reading Legal Writing for Layfolk. Our fellow voters are so shockingly ignorant of what the law is, how it works, and what are its implications in a free society.

Although I will say that a journalism school course on legal analysis would go a long way towards improving the coverage (and ideally, the popular understanding) of the function of the law in civil society.

@andrew

I'd definitely plump for a law course. All highly technical qualifications should come with a compulsory module on disseminating information to non-field persons.

Not too quickly though, as I've made my career from occupying that niche 😅

@andrew

I feel like maybe there's distinct classes for, like, communicating law to clients vs. journalistic legal writing.

In my experience all the legal memo writing stuff I learned in law school has been only intermittently relevant but "how to write an email advising a client" or "how to write an email a busy partner can skim and advise a client from their phone" is a skill I use daily.

@andrew This is a valuable skill for all lawyers, since most clients need complex concepts simplified. Especially relevant in-house.
@colinsullivan good intel, thank you so much!
@andrew @law As a law graduate in the 1990s and someone who now works in media, that would be great as a law school course. If your arguments are sound, you donʼt need legalese to cover yourself. The US is among the most verbose when it comes to legal documents, including legislation. Anything to simplify that would be awesome.
@andrew @law When I was in law school in the early ‘90’s they were making some effort to get us to write in plain English rather than “legalese”. From what I can tell it didn’t really catch on.
@janetate @andrew @law Concise and pithy, as my first boss urged. Judges prefer it too.
@janetate @andrew @law To answer Andrew’s question, I think there is surely enough for a class. There is some good thinking about adult learners, and how to communicate with us. Then you could teach simplified syntax, which might be more like “unteaching “ the urge to bloviate.
@janetate @andrew @law I think it has. Lots of crap out there still, of course, but plain language is more common.
@andrew I think it's a solid idea, and it has a good cross-over effect for all legal writing. E.g., writing briefs, even though the audience is the judge and their law clerk, being able to distill your arguments to simple statements makes a big difference in persuasive legal writing too.
Also, agree with @colinsullivan, definitely applicable to in-house as well. I see lawyers often struggle to communicate legal concepts in a simple way to businesspeople (and when you do it well, it's great)

@Brandon @colinsullivan

Many thanks for the insight. I'm going to give pitching it a shot. I think the response suggests the idea is solid, the only question is whether *I* should be the one teaching it!

Welp, people above my pay grade will have to make that determination.

@law @andrew It sounds like a legal skills course in law school. Effective legal communication essentially means communicating with an average layperson who may not be knowledgeable about the intricacies of the law. Perhaps the course may be a perfect complement to the Plain English / Plain Language Movement
@andrew @law The Plain Language Court by Prof. David Strauss chicagounbound.Chicago.edu/cgi…