It’s a Rap. Really.

In Advanced Legal Writing class, students discuss different persuasive techniques that lawyers and judges use in their writing.  We debate the pros and cons of using literary references, illustrative narratives, pop culture references, historical examples, and unusual formats and organizations.

I never once, however, discussed (or even considered) the possibility that a litigant would submit a brief in the form of a rap.   The pro se litigant submitted the “rap brief” and won.

As professional writers, should we lawyers be concerned?  I can’t imagine this form of writing starting a trend, but does its use suggest something about a changing level of formality in court documents?

I’m not sure.  I think it may be a fluke, but I’m troubled.   

Continue ReadingIt’s a Rap. Really.

Appreciating Our Professors: Martin F. Guggenheim

 

I was the idiot in civil procedure who asked, on the first day of class, “So what happened to the plaintiff after remand?”  Actually, I’m not sure I understood or used the word “remand.”  But I definitely wanted to know what happened to the parties after the decision.

I will never forget my professor’s response.  She became quiet.  She narrowed her eyes.  She squinted at me in a way that suggested she was repulsed by the question.  Of course, everyone else in the 100-person class looked at me as well.   Finally she said, “It doesn’t matter.”

We continued with another case.

Continue ReadingAppreciating Our Professors: Martin F. Guggenheim