ENC3254 HNR Writing for Prelaw Iglesias - University of Florida ...

(Honors) Writing in the Disciplines for Pre-Law, ENC 3254, Section 2530
Fidel Iglesias, PhD, JD, Lecturer / Attorney (Private Practice)
Dial Center for Written and Oral Communication
Phone: (772) 468-3030
Email: figlesias@ufl.edu
Mailing Address: 2900 Admiral St, Fort Pierce, FL 34982
On-line Syllabus: http://lss.at.ufl.edu
T: 2nd-3rd periods
R: 3rd period
CB110B
Office Hours: Wed: 9:00 – 11:30 AM; 1:30 – 5:00 PM & By Appt
Course Description
In courts of law people's lives depend on the character of words. And the livelihood of lawyers rests on
their ability to put language, and other skills, to productive ends. While some of the most eloquent
writing about our society has been set down by attorneys and judges, the discipline of law is known for
sometimes producing esoteric documents. Among our goals, we will study the oral and written
advocacy of lawyers (in and outside of the classroom), with some emphasis on my own backgrounds,
including as an attorney, in immigration and criminal (state/federal) law. Thus, I will share with you
many of my own academic, legal, and practical experiences, over the years, by way of context to our
work.
As such, these “real world” experiences tend to be grounded in immigration / criminal law, and actual
individuals (though their identities, naturally, are disguised) from those realms. Even our “hypos” will
reflect such a background. Therefore, you should note that they reflect, at times, pedestrian concerns
and language. They're usually quite entertaining, but unvarnished. Tender ears may be unused to same.
Additionally, I hope to have several guest speakers contribute to our discussions. And, if possible, they
may include a judge or two.
This course is designed to be a practical workshop on the most common forms of legal advocacy,
including writing. It is also a consideration of the nature of legal communication, and the profession,
generally. To these ends, we will write legal briefs and a legal memorandum with a research
component. In writing the second, we will become familiar with law library resources. In all of the
writing, we will develop the rhetorical skills of argument and persuasion while mastering the basic
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elements of style. At the end of the term, you will participate in a required moot court competition (for
the class) that will also emphasize your verbal advocacy. Several field trips, including to a federal and
state court in your area, and one to a law library in your vicinity, and perhaps the local jail there, will
expose you to the real-world environments in which many counselors work. The persons conducting
them, for us, are very busy. You are expected to be there, on time, and alert and courteous.
While this will be a course on campus, it is important for you to realize that you will be working in
"virtual time," at times, regarding class discussions, presentations, and written work; that this course
requires extensive writing and, relatively speaking, reasonable online time; and that we may actually
coordinate several online webcam classes (and individual sessions) via Sakai and other similar
technologies. In sum, this course may be an interactive one -- on campus (as per official schedule) and
online (TBA), mostly via Sakai.
Optimally, you will thus need to have access to a PC; online capabilities; a printer; webcam
software/hardware; word processing and power point programs; a telephone; possible access to a fax
machine; and the ability to operate them.
You should remember that, while I will religiously maintain your student and related information
confidential, under applicable law, that all online communications are liable to unauthorized
publication by others; via your own mistakes; technological mishaps; and even criminal activity. Thus,
you should be very careful about your online communications -- keep them relevant to the course; do
not communicate anything you wish to maintain private; and do not violate any rules, laws, etc when
participating in this course. I will not be responsible for same. And I will not allow inappropriate
conduct, in class, or online, for this course.
Course Requirements and Policies
Assignments and Course Work
To pass Writing in the Disciplines for Pre-Law, you must complete all required course work.
You will write and revise communications of at least five types: legal briefs, legal memorandum,
letters, personal statements, and résumés. Regular in-class work, in small teams, will contribute to your
grade.
Class participation is also a significant part of this course. It includes in-class work, homework, a
journal of legal briefs, and attendance in class and at special events, including the moot competition at
the end of the term. You must take these into account regarding your overall schedule. (See attendance
policy below.)
In-class work must be completed in class on the day assigned and may not be made up. Out-of-class
work must be typed in the appropriate professional format. It is due at the beginning of class and will
not be accepted late.
"In-class" refers to our scheduled campus and online interactions (chats, class time, presentations, and
other assignments that we, as a class, meet simultaneously online to work on), which will be our
equivalents to "real time" class meetings on campus.
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Attendance and Preparation for Class
Readings should be completed by the date on which they are scheduled, unless otherwise indicated.
Even if you have an excused absence, you should make every attempt to turn assignments in on time.
We have a strict attendance policy: for every absence over three, 50 points, or half a letter grade (from
the overall course grade), will be deducted from your final grade. An "absence" is defined as either
your non-attendance, online, for our scheduled interactions (eg, class discussions, lectures,
presentations, chats) or, even if you are, technically, in class or online, you are not regularly engaged in
our work as judged by the instructor. For example, I will be asking, each of you, to individually
respond during our meetings in class and online. If you do not respond, after a reasonable amount of
time (ie, several minutes), I will mark you down as absent given you may be away from the screen;
elsewhere; and, if in class, distracted or simply unprepared. If a serious, official, and/or technical
problem, beyond your control, and which you can document, accounts for same, then that may be an
excused absence as per my discretion. (See attendance policy below.)
Academic Honesty
Plagiarism is a serious violation of the Student Honor Code. The Honor Code prohibits and defines
plagiarism as follows:
Plagiarism. A student shall not represent as the student’s own work all or any portion of the work of
another. Plagiarism includes (but is not limited to):
a. Quoting oral or written materials, whether published or unpublished, without proper attribution.
b. Submitting a document or assignment which in whole or in part is identical or substantially identical
to a document or assignment not authored by the student. (University of Florida, Student Honor Code,
15 Aug. 2007.)
University of Florida students are responsible for reading, understanding, and abiding by the entire
Student Honor Code which, along with other academic, faculty, and student catologs, handbooks,
information, and policies may be found at these sites:
http://www.registrar.ufl.edu/academicinfohub.html and http://www.aa.ufl.edu/handbook.
Their contents are incorporated herein by reference. Important Tip: You should never copy and paste
something from the Internet without providing the exact location from which it came.
I especially urge you not to engage in real-time or online dishonesty and related violations. The
medium of communication may vary, with differing permutations in different venues, but they are
prohibited nonetheless. We'll discuss this issue further during the term.
Grading
The evaluation of written work will be thorough and rigorous, holding students to the highest
professional standards. We will use a 1000-point system, the points distributed as follows:
100 Legal Brief 1 (Exercise)
200 Legal Brief 2 (Negligence or Emotional Distress Case)
300 Memorandum
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100 Legal Brief 3 (Tournament Round 1)
100 Application Materials
10 Annotated Bibliography
10 Case Flow Chart
25 Journal Assignment
55 Clinical Work
100 Class Participation: In-Class Work, Homework; Field Trip
Regarding the clinical work, it will either focus on, or may involve both, immigration and/or criminal
law. Specifically, you will get to work on a “real case” in some capacity. I envision this involving
assisting an inmate, at the Alachua County Jail, to some extent, on a pro bono basis, regarding the
defendant's case. If same has immigration issues, so much the better. We might assist her/him on one or
the other aspects of such cases (many times, criminal and immigration law intersect, thus this
possibility). Of course, we would have to execute confidentiality agreements/waivers; releases, if
applicable, for the University; and get criminal counsel (if one is already appointed), and the Jail's
administration, on board. So much to do, and may not be able to pull it off. But worth an attempt
methinks. This is a small class, so it would likely lend itself nicely here.
Grading is, by definition, a somewhat subjective process. In my case, it is based on years of experience
with these types of assignments; with students from varied backgrounds; in different fields; and at
different institutions. Nonetheless, it remains an “art” or “trade,” of sorts, and cannot simply be reduced
to a matter of rubrics, totaling raw points, and so on.
Grading Scale
A 4.0
93-
100
930-
1000
C 2.0 73-76
730-
769
A- 3.67 90-92
900-
929
C- 1.67 70-72
700-
729
B+ 3.33 87-89
870-
899
D+ 1.33 67-69
670-
699
B 3.0 83-86
830-
869
D 1.0 63-66
630-
669
B- 2.67 80-82
800-
829
D- 0.67 60-62
600-
629
C+ 2.33 77-79
770-
799
E 0.00 0-59 0-599

A note on this point system, and "rubrics" generally. They are aids to learning in my opinion. Receiving
points, for the assignments, along the way, should not be viewed as simple accounting where you,
literally, add things up and, VOILA, there's your final grade. For instance, I will simply not have any
idea where you stand in terms of participation until the course is nearing the end given this is an
ongoing portion of your performance. The moot court competition, additionally, will occur, again,
toward the end of the term. Thus, I cannot evaluate that until the very end. And, when totaling points, at
the end, I do not only consider your overall improvement (or lack thereof) over time, but then place
your individual performance in the context of your colleagues' as well. In other words, I evaluate your
work individually and comparatively.
To make an "A" in this course, you must earn an "A" on at least two of the four major writing
assignments (brief 1, 2, or 3 or the memorandum).
Extra credit (up to 5% of the course total) may be given, at the instructor's discretion, for our upcoming
field trip(s) AND attendance (as defined herein) at other designated activities.
Attendance is, of course, required, includes required field trips, and affects the participation grade
because in-class, field work and homework cannot be made up. Every absence over three lowers your
final course average by 50 points or one half of a letter-grade. This penalty is in addition to any
lowering of your grade because you are unprepared.
Only documented emergencies, involving you or your immediate family, or official University
functions, may excuse you, at the instructor's discretion, from certain attendance, participation, field
trip, and due date requirements. If a requirement is excused, alternative assignments may be given at
the instructor's discretion.
Required Text
Writing in Law. From Laurence Behrens and Leonard Rosen, Writing and Reading Across the
Curriculum. New York: Longman, 2005.
Additional select readings may be occasionally assigned. They will likely be available online or via
reserve readings at Library.
You are expected to read, understand, and otherwise be prepared to discuss this reader every class
period.
Schedule of Class Assignments
Unit 1: The Form of Legal Argument
Week 1:
Introductions: syllabus, texts, information sheets. Discuss the elements of an effective legal writing
style. Discuss the introduction to the course materials (Writing in Law 733 & 763)--the following case
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is optional reading. Discuss common vs. civil law. Discuss "The American Legal System" (WL 742).
Week 2:
A form for legal research reports. Discuss "IRAC: How to Write about Legal Cases” (WL 752). Discuss
a "legal brief" concerning an everyday situation.
Legal Brief 1 (Exercise) Concerning an Everyday Situation. Discuss Cases (WL 760-768, 798-804).
Unit 2: Putting the Legal Brief into Practice
Week 3:
In Class: Write a paragraph summarizing the applicable rules in your case, and outline your analysis.
Debates Preparation: In class: Outline the application section, organize your team for the debate.
Homework: Draft the application. (WL 769 & 777)
Week 4:
Discuss debates. Review and synthesize the application. Discuss legal brief 2. (WL 798)
Week 5:
Discuss debates and legal brief 2. Discuss journal assignment and writing a legal memorandum.
Discussion of issue statements, primary research sources, and the process of legal research. (WL 805)
Unit 3: Legal Research and Writing
Week 6:
Issue statement Research materials orientation. Memo format.
Law library Orientation w/ guest speaker – TBA.
Discuss secondary research materials and citation format. Homework: Discuss annotated bibliography.
(WL 815)
Week 7:
Continue law library work. Annotated bibliography continued, including background research sources.
Discuss issue statement and facts.
Discuss revised issue statement and facts. Application of the law or analysis: General principles and
description of rules.
(WL 825)
Week 8:
Application of the law or analysis: Examples and workshop.
Application of the law or analysis: Using case precedents and arguing by analogy. Use of citations.
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Week 9:
Workshop: Bring to class source materials for memorandum. Conclusions and recommendations--
General principles. Discuss application of the law for peer review. Discuss law school applications at
next meeting.
Unit 4: Law School Applications
Week 10:
Revised memorandum examined. Discuss law school applications. Writing the résumé for graduate
school. Bring your résumé to class, if you have one. Writing a personal statement.
Week 11:
Résumé and personal statement for peer review.
Revised résumé and personal statement. New legal issue and discussion.
The principles of debate--guest speaker.
Unit 5: Winning Legal Debates / Misc Topics
Weeks 12-16:
Focus on clinical case(s) work.
Discuss legal brief 3.
Conclude any remaining written work.
Finals Week: As per Registrar's schedule. Due: Final Legal Brief #3.
The above schedule of assignments, readings, and events is tentative. I reserve the right to change it as
needed. I will announce (in class and via email / Sakai) our assignment specifics and dates as the term
progresses. You are responsible for being in class when they are announced, and for signing up for
Sakai. You are responsible for reading your emails.
The weekly schedule is our general framework. We will aim to follow it, but not fanatically. Units may
overlap, and the schedule adjusted accordingly. And the number of actual weeks may vary by term.
Thus, the readings (text) schedule is tentative. It will likely takes us more time, than referenced above,
to finish the book. Nonetheless, we will finish it early. So, early on, think of topics you may be
interested in. And I will assign, during the term, assorted online readings.
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Tests
There will be much hands-on work in this course. Therefore, I do not intend to give you many formal
examinations. However, this is premised on your doing the required assignments and otherwise being
prepared in class. Otherwise, or if another educational reason calls for it, I may nevertheless give you
an exam, quiz, so forth, if need be. It/they would be under the “homework” points category (see above).
Educational Philosophy
My main goal, in this course, is for all of us to learn. To that end, it will be essential that all of us
attend; show up prepared; and contribute to our discussions.
Along those lines, grades are simply one tool for encouraging / recognizing learning. While numbers
will be assigned to individual assignments (and the overall course grade), it is important to realize that
this is not a science. In other words, verbal and written work is, by its nature, subjective—for you when
speaking and writing, and for me in assessing it. There are some grammatical and stylistic (and for the
law, legal) guideposts for same. But, as they say when it comes to beauty, it is often “in the eyes of the
beholder.”
Thus, my main criterion for judging your work, verbal and written, include effort (as evidenced in your
assignments), improvement over time, the “quality” of your advocacy skills (oral and on paper), and
how your colleagues perform in their own efforts. In other words, I will determine whether you met the
minimum requirements for an assignment; judge your work, individually, over time (to see if your
effort level and the quality of your work has evolved during the term); and then comparatively in terms
of your colleagues. You should not expect to, simply, and automatically, "plug in" your specific
assignment scores into a "rubric" and expect that same final course grade. Besides several assignments
not being graded until the end of the term, when all work is finally completed, there are other
considerations such as those previously mentioned. Assignment scores are, to some extent, guideposts
for you to judge your work by, as well as learning tools.
I usually round upward, on final grades, to take these considerations into account.
You should take advantage of extra credit options.
I would encourage you to see me to discuss your performance, and standing in class, individually. We
can meet after/before class and/or my office. Just let me know beforehand. Do not wait until the last
minute to do this. It is your responsibility to meet with me, individually, to discuss your progress in the
course. Sakai, for instance, is only a tool for our use, and does not supplant a real meeting with an
instructor.
Do show initiative in class; during our conferences; via online / personal interaction with me and your
colleagues; and otherwise be proactive regarding the course. I will not "spoon feed" you.
Students With Disabilities
The University of Florida complies with the Americans with Disabilities Act. Students requesting
accommodation should contact the Students with Disabilities Office, Peabody 202. That office will
provide documentation to the student whom must then provide this documentation to the instructor
when requesting accommodation.

Additionally, students must provide the above-referenced documentation, to the instructor, before the
end of the second week of class unless the disability arose, and is documented as so arising thereafter,
for reasons beyond the control of the student. Lastly, the student must, also, email the instructor, before
the end of the second week of class, a detailed list of requested accommodations. Unless the student
complies with these instructor requirements, he/she will not be deemed in compliance with the ADA.
Religious Accommodations
Any religious accommodations, requested by students, must be conveyed, via UF email, to the
instructor by the end of the second week of class. Otherwise, none will be deemed necessary.
Holidays / Misc.
Labor Day: 09/02; Homecoming: 11/8 – 9; Vet Day: 11/11; Thanksgiving: 11/27-30
Please Note: Since I'm an attorney, I may have to attend one or two hearings during term. I would
advise, obviously, beforehand. No legal advice given, and no students assisted legally.
Assessment Rubric (For Written Work – Only A Guide)
CONTENT
ORGANIZATION
AND
COHERENCE
ARGUMENT AND
SUPPORT
STYLE
MECHANICS
SATISFACTORY (Y)
Papers exhibit evidence of ideas that
respond to the topic with complexity,
critically evaluating and synthesizing
sources, and provide an adequate
discussion with basic understanding of
sources.
Documents and paragraphs
exhibit identifiable structure for topics,
including a clear thesis statement and
topic sentences.
UNSATISFACTORY (N)
Papers either include a central
idea(s) that is unclear or off- topic or
provide only minimal or inadequate
discussion of ideas. Papers may
also lack sufficient or appropriate
sources.
Documents and paragraphs lack
clearly identifiable organization,
may lack any coherent sense of
logic in associating and organizing
ideas, and may also lack transitions
and coherence to guide the reader.
Documents use persuasive and
confident presentation of ideas,
Documents make only weak
strongly supported with evidence. At
generalizations, providing little or no
the weak end of the satisfactory range,
support, as in summaries or
documents may provide only
narratives that fail to provide critical
generalized discussion of ideas or may
analysis.
provide adequate discussion but rely on
weak support for arguments.
Documents use a writing style with
word choice appropriate to the context,
genre, and discipline. Sentences
should display complexity and
logical structure.
Papers will feature correct or error-free
presentation of ideas. At the weak end
Documents rely on word usage that
is inappropriate for the context,
genre, or discipline. Sentences may
be overly long or short with
awkward construction. Documents
may also use words incorrectly.
Papers contain so many mechanical
or grammatical errors that they

of the satisfactory range, papers may
contain a few spelling, punctuation, or
grammatical errors that remain
unobtrusive and do not obscure the
paper’s argument or points.
impede the reader’s understanding
or severely undermine the writer’s
credibility.
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