  Michael R. Smith - Boden Visiting Professor
E-mail: Michael.r.smith@marquette.edu
Phone: (414) 288-4035; Office 227D; Fall 2009 Office Hours: M & W 11-12; Tues. 12-2
Courses Taught This Session:
Biography:
Professor Michael R. Smith is visiting Marquette Law School during the fall 2009 semester as the Robert F. Boden Visiting Professor of Law. Professor Smith is visiting from the University of Wyoming College of Law where he is the Winston S. Howard Distinguished Professor of Law and the Director of Legal Writing. At Wyoming, Professor Smith administers the law school's legal writing program and teaches classes in Legal Writing, Appellate Advocacy, and Advanced Persuasive Writing.
Professor Smith is a nationally recognized expert in the areas of legal writing and written advocacy. His primary areas of scholarly interest are the psychology of persuasion and, more generally, the cognitive processes underlying effective legal writing. He has written extensively in these areas and has given numerous presentations, both in the United States and abroad. In 2002, Professor Smith published the book, Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Aspen 2002). This multi-disciplinary book has been hailed as a groundbreaking work in the area of persuasive legal writing and, as one reviewer noted, "a must read for every legal writing and advocacy teacher."* The second edition of the book was published in 2008.
On September 19, 2008, Rutgers Law School-Camden and the University of Wyoming Law School hosted a conference celebrating the release of the second edition of Professor Smith's book. The event, A Dialogue About Persuasion in Legal Writing & Lawyering, featured panels of nationally recognized scholars who gave presentations that explored or built on topics from Professor Smith's book. Professor Smith was the guest of honor and the keynote speaker at the event, which was held on the Rutgers campus in Camden, New Jersey.
Before joining the University of Wyoming College of Law in 2006, Professor Smith taught in two nationally ranked legal writing programs. Immediately prior to his position at the University of Wyoming, he was an Associate Professor of Law at Mercer University School of Law, where he helped design Mercer's innovative legal writing curriculum. In 2005, the first year legal writing programs were rated, Mercer's program was rated number 1 in the nation (tied with Seattle) by U.S. News and World Report. Since then, the program that Professor Smith helped to design at Mercer has consistently ranked in the top five in the nation. Before joining Mercer, Professor Smith taught legal writing at Temple University School of Law. Temple's legal writing program, too, has consistently been ranked in the top five in the country. Before joining the Temple faculty, Professor Smith was on the law faculties of two other law schools: The University of San Diego College of Law (1992-1996) and The University of Florida College of Law (1990-1992). Prior to teaching law, he practiced law in Pensacola, Florida with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler and in Newport Beach, California with the law firm of Gibson, Dunn & Crutcher.
Professor Smith is also actively involved in national and international legal writing organizations. In 2006, he was elected to a four-year term on the Board of Directors of the Legal Writing Institute (LWI). LWI is an international organization of legal writing professionals with over 2000 active members worldwide. He is also a past member of the Board of Directors of the Association of Legal Writing Directors (ALWD), a national organization of legal writing directors representing every major law school in the country. Citing his prominent role in the field of legal writing and in the development of legal writing scholarship, the executive committee of LWI appointed Professor Smith to the Advisory Board for the Legal Writing e-journal on the Social Science Research Network (SSRN). He is also a member of the Advisory Board for the Law & Rhetoric e-journal on SSRN. Professor Smith is also a founding member of the editorial committee of the Journal of the Association of Legal Writing Directors (J.ALWD).
* Kathryn M. Stanchi, Moving Beyond Instinct: Persuasion in the Era of Professional Legal Writing (A Book Review of Advanced Legal Writing by Michael R. Smith), 9 Lewis & Clark L. Rev. 935, 936 (2005).
Academic Presentations:
Smith, M. (2009). "Reconciling Colliding Images: Overcoming Adverse Stock Structures in Statutory Interpretation" presented at the international conference, Applied Storytelling in Law, held at Lewis & Clark Law School in Portland, Oregon, July 23, 2009.
Smith, M. (2009). "Legal Writing's Struggle for Disciplinary Identity," presented at the Law & Rhetoric Conference: Legal Writing Through a Rhetorical Lens, sponsored by Mercer University School of Law and held in San Diego, California on January 6, 2009.
Smith, M. (2008). Keynote Address: "Keeping the Flame: The Noble Pursuit of Advocacy Doctrine," presented at A Dialogue About Persuasion in Legal Writing & Lawyering sponsored by the Rutgers Law School-Camden and the University of Wyoming Law School and held in Camden, New Jersey, September 19, 2008.
Smith, M. (2008). "How Policy Persuades: Policy Arguments from a Classical Rhetoric Perspective," presented at the 2008 Rocky Mountain Region Legal Writing Conference, University of Utah College of Law, Salt Lake City, Utah, March 21, 2008.
Smith, M. (2008). "Advice From the Editors: Getting Your Legal Writing Article Published," presented on behalf of Editorial Board of the Journal of the Association of Legal Writing Directors at the 2008 Legal Writing Institute Conference, Indiana University School of Law -- Indianapolis, Indianapolis, Indiana, July 15, 2008 (panel presentation).
Smith, M. (2007). "Stock Stories and the Power of the Parenthetical: The Cognitive Dimensions of Illustrative Parentheticals in Legal Writing," presented at the international conference, Applied Storytelling in Law, held at the City University's Inns of Court Law School in London, England, July 20, 2007.
Smith, M. (2007). "Fog on the Lens: Appellate Court Confusion Between Standards of Review and Substantive Rules," presented at the Rocky Mountain Region Legal Writing Conference, UNLV School of Law, Las Vegas, Nevada, March 9, 2007.
Smith, M. (2007). Presentation and Co-Facilitator of a Discussion on "Upper-Level Legal Writing Programs," at the 2007 Biennial Conference of the Association of Legal Writing Directors, held at The University of Denver Sturm College of Law, Denver, Colorado (June 15, 2007).
Smith, M. (2006). "Metaphoric Strategies for the Legal Advocate," presented at the Mercer Law Review Symposium, Using Metaphor in Legal Analysis and Communication, held at Mercer University School of Law, Macon, Georgia, November 10, 2006.
Smith, M. (2006). "Once Upon a Time: A Three-Part Collaboration to Start the New Discipline of Applied Storytelling in Law," poster presentation at the 2006 AALS Conference on Clinical Education, New York, New York, April 30, 2006 (with Ruth Anne Robbins and Brian J. Foley).
Smith, M. (2006). "The Five Levels of Metaphor in Persuasive Legal Writing," presented at the 2006 Legal Writing Institute Conference, Atlanta, Georgia, June 9, 2006.
Smith, M. (2006). "Publishing Legal Writing Books: How We Did It, and How You Can Do It , Too," presented at the 2006 Legal Writing Institute Conference, Atlanta, Georgia, June 9, 2006 (panel presentation).
Smith, M. (2005). "Shared Stories: Exploring the Functions of Literary Allusion in Persuasive Discourse," presented at the 2005 Conference of the Association for the Study of Law, Culture, and the Humanities, College of Liberal Arts, University of Texas at Austin, Austin, Texas, March 12. 2005.
Smith, M. (2005). "Summoning Dreams and Swords: Exploring the Power of Literary Allusion in Persuasive Discourse," presented at the international conference, The Power of Stories: Intersections of Law, Culture, and Literature, University of Gloucestershire, Gloucester, England, July 26, 2005.
Smith, M. (2005). "Analyzing Lawyer-Client Relationships in Film," presented annually (1999-2005) as part of the Introduction to Client Counseling Program required for all second-year law students at Mercer University School of Law, Macon, Georgia.
Smith, M. (2005). "Psyched Up: Teaching the Psychology of Persuasion," presented at the 2005 New England Consortium of Legal Writing Teachers Regional Conference, Albany Law School, Albany, New York, June 10, 2005 (with Ruth Anne Robbins).
Smith, M. (2004). "Scholarship Guides: Journals, Passports, Roadmaps," presented at the 2004 Legal Writing Institute Conference, Seattle University School of Law, July 24, 2004 (with Linda L. Berger).
Smith, M. (2004). "Shared Stories: Exploring the Functions of Literary Allusion in Persuasive Writing," presented at the 2004 Rocky Mountain Regional Legal Writing Conference, University of Nevada Las Vegas School of Law, March 6, 2004.
Smith, M. (2003). "The Cognitive Dimensions of Illustrative Narratives in the Communication of Rule-Based Analysis," presented at the 2003 Notre Dame Law School Colloquium on Legal Discourse, June 11, 2003.
Smith, M. (2003). Moderator/Facilitator, Roundtable Discussion on "Upper-Level Legal Writing Courses," at the 2003 Association of Legal Writing Directors Biennial Meeting, University of Windsor, Windsor, Ontario, Canada, July 19, 2003.
Smith, M. (2002). "Alternative Approaches to Designing Advanced Legal Writing Courses," presented at the 2002 Legal Writing Institute Conference, University of Tennessee College of Law, May 30, 2002 (with Amy E. Sloan).
Smith, M. (2001). "Theories and Strategies of Persuasive Writing: An Overview," presented at the Southeastern Conference of the Association of American Law Schools (AALS), Hilton Head Island, S.C., July 16, 2001.
Smith, M. (2001). "Alternative Approaches to Designing Advanced Legal Writing Courses," presented at the 2001 Southeastern Regional Research and Writing Conference, Stetson University College of Law, September 8, 2001.
Smith, M. (1998). "Legal Writing 'Skills' Scholarship: Proposals for the Future," presented at the 1998 Legal Writing Institute Conference, University of Michigan School of Law, June 19, 1998.
Smith, M. (1998). "The Total Integration of Legal Research, Legal Writing, and Legal Analysis," presented at the 1998 Legal Writing Institute Conference, University of Michigan School of Law, June 20, 1998 (panel presentation).
Smith, M. (1997). "Skills' Scholarship in Legal Writing: Toward an Interdisciplinary Future," presented at the 1997 Atlantic Region Legal Research and Writing Conference, Temple University School of Law (May 30, 1997).
Smith, M. (1997). "Creating Hypothetical Legal Research and Writing Problems Through 'Reverse-Engineering,'" presented at the Temple University School of Law Grad-fellow and Adjunct Professor Orientation (August 6, 1997).
Books and Contributions to Books:
Smith, M. (2008). Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Aspen Pub. 1st ed. 2002, 2d ed. 2008).
Smith, M. (2008). Teacher's Manual, Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Aspen Pub. 1st ed. 2002, 2d ed. 2008).
Smith, M. (2006). Chapter VIII, Beyond the First Year: Upper-Level Programs, in Sourcebook on Legal Writing Programs (E. Easton ed., 2d ed. ABA 2006) (with M. B. Beazley and J. A. Durako).
Articles:
Smith, M. (2007).Levels of Metaphor in Persuasive Legal Writing, 58 Mercer L. R. 919 (2007).
Smith, M. (2006). Rhetoric Theory and Legal Writing: An Annotated Bibliography, 3 J. Assoc. Legal Writing Directors 129.
Smith, M. (2004). Alternative Substantive Approaches to Advanced Legal Writing Courses, 54 J. Leg. Educ. 119.
Smith, M. (2004). The Next Frontier: Exploring the Substance of Legal Writing, 2 J. Assoc. Legal Writing Directors 1.
Smith, M. and Milani, Adam A. (2002). Playing God: A Critical Look at Sua Sponte Decisions by Appellate Courts, 69 Tenn. L. Rev. 245.
CLE Presentations:
Smith, M. (2008). "The Power of Metaphor in Legal Advocacy," presented in Denver, Colorado, July 29, 2008.
Smith, M. (2008). "Commanding Favorable Attention: Establishing Credibility in Legal Writing," presented in Denver, Colorado, July 29, 2008.
Smith, M. (2007). "Effective Judicial Opinion Writing - Part 2," presented to members of the Wyoming judiciary (state and federal courts) and their clerks and staff attorneys, Cheyenne, Wyoming, March 26, 2007.
Smith, M. (2007). "Writing Effective Administrative Orders," presented at the 2007 Annual Meeting of the Wyoming Office of Administrative Hearings, Cheyenne, Wyoming, September 23, 2007.
Smith, M. (2007). "Communicating Rule-Based Analysis," presented at the 2007 Annual Meeting of the Wyoming State Bar, Jackson, Wyoming, September 14, 2007.
Smith, M. (2007). "The Foundations of Persuasion – Reasoning, Values, and Credibility," presented in Cheyenne, Wyoming, April 24, 2007.
Smith, M. (2007). "Communicating Rule-Based Analysis," presented at the 2007 Wyoming State Public Defender Seminar, Sheridan, Wyoming, September 28, 2007.
Smith, M. (2006). "Effective Judicial Opinion Writing - Part I," present to members of the Wyoming judiciary (state and federal courts) and their clerks and staff attorneys, Cheyenne, Wyoming, October 25, 2006.
Smith, M. (2001). "Persuasive Writing: How to Persuade in Argument," presented at the "Essentials for Appellate Practice" CLE Program sponsored by Mercer Law School and the Macon Bar Association, Mercer University School of Law, Macon, Georgia, February 9, 2001.
Education:
B.S., Florida State University (1982), summa cum laude
J.D., University of Florida College of Law (1985), With Honors, Order of the Coif, Phi Kappa Phi, and Senior Research Editor - U. Fla. L. Rev.
Affiliations and Associations:
Association of Legal Writing Directors
- Board of Directors (2003-2005)
- Founding Member, Editorial Committee for the Journal of the Association of Legal Writing Directors (2002 - Present)
The Legal Writing Institute
- Board of Directors (2006-2010)
- Chair, Committee on Committees (2006 - Present)
- Member, Upper Level Legal Writing Committee (2002 - 2006)
American Bar Association
- Member, "Beyond the First Year" Subcommittee, ABA Communications Skills Committee, Section of Legal Education and Admissions to the Bar (2002 - 2006)
AALS - Section on Legal Writing, Reasoning and Research
The Florida Bar (inactive)
The State Bar of California (inactive)
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