Better Technology, Better Briefs

By: Professor Joe Regalia (UNLV)

“We’re not like computers,” explains psychologist Tom Stafford, who studies typos at the University of Sheffield. Our brains are not wired to pick up every detail, at least not without enormous work. Editing right takes forever. Some say that it should take as long to edit as it does to draft. A busy lawyer (or law student) may not have time for that.

We have two problems: (1) We can’t catch everything when editing our own stuff, and (2) even if we could, we don’t have the time.

These are problems for all lawyers. And so as a law professor, I spend a lot of time trying to help my students work through the same problems. One solution that I have turned to is technology—and most recently, Ross Guberman’s BriefCatch.

BriefCatch is a Word plugin that offers detailed editing feedback on legal writing. BriefCatch is something different from programs like Grammarly. Because BriefCatch is made for legal writing. It helps you spot more than grammar. Instead, it provides live editing suggestions on your legal prose, ranging from citation advice to wordsmithing recommendations and persuasive writing tips.

For legal writing teachers, BriefCatch could be a game-changer. We all lament how much law students and young lawyers struggle with basic writing style. Now, for the first time, we have a tool that can help students train legal writing techniques using their own writing.

That all sounds good, but I wanted to put it to the test. So several law professors and I created a working group to incorporate BriefCatch into first-year legal writing curriculum. Our goal was to use the tool to help students train many of the basic writing-style techniques that we don’t have time to drill in class.

Each week, along with their substantive writing work, students were asked to run BriefCatch on their assignment and to pay attention to a single type of editing recommendation. They recorded on a chart how many times the tool recommended that type of edit and how often the student agreed with it. The next week, students did the same thing but with a new type of edit.

Feedback from both the professors and students has been overwhelmingly positive. Students love that they can use the tool at their own pace. They love when they find new suggestions for word choice. And best of all, because they are the ones using the tool and calling the shots, they are learning to use these techniques themselves.

Of course, BriefCatch can’t replace a good writing teacher or a good editor. Tools like this are a powerful supplement to help train and spot style techniques; they are not meant to teach aspiring lawyers how to put together the meat of a brief.

But that’s the beauty of a tool like BriefCatch: it lets professors devote time and energy to what we do best while shoring up our students’ skills in ways they don’t even realize.

How do you use technology to improve your students’ legal writing skills? Share your good ideas at TeachLawBetter.com, and we might just post them.

 

Share our content!

Legal Writing Like an Entrepreneur

By: Professor Joe Regalia

“Tomorrow becomes never. No matter how small the task, take the first step now!”

–Tim Ferriss 

Elon Musk’s work style embodies what every entrepreneur wants to be: ridiculously efficient, meticulously organized, and so productive that everyone around him wonders how he manages it all. He runs multiple mega companies, dozens of projects, and spends several days a week with his five children. And he does it all by taking the same sort of productivity and organizational principles that startups use to build good businesses–and applying them to his own life.

This very silicon valley trend of maximizing personal efficiency works. Musk reportedly schedules his day in five-minute increments, making it impossible for him to waste time. “From the second [Musk’s] head lifts off his bedroom pillow at 7 a.m., his day has already been pre-planned in advance.” And Musk is not an outlier: the best entrepreneurs are famous for bringing efficiency and productivity not just to their businesses, but to their personal habits, too.

Then you have lawyers. We may be the most inefficient, unproductive gang. We seem to take about twice as long to do everything. People literally talk about hiring a lawyer just to delay things.

It’s not just what others think about us: lawyers and law students really struggle with efficiency and productivity. And a lot of it comes down to our writing. I constantly get questions about how to deal with procrastination and the overwhelming feelings that come with putting together briefs and motions. When you step back, it’s easy to understand why. Legal writing is overwhelming. You have to figure out your goals, research tons, research some more, organize your points, write something, edit, scrap things (and maybe start over) when it all doesn’t turn out–and on and on. Then mix in some unreasonable deadlines. Little surprise that legal writing is where many of us have our meltdowns.

But entrepreneurs seem to be able to handle multitasking and deadlines just fine. So what can they teach us here? Continue reading “Legal Writing Like an Entrepreneur”

Share our content!