Law school, learning issues and LLM students

Posted by Stephen Horowitz, Lecturer of Legal English

Law schools in the US have become increasingly aware of and attuned to the range of cognitive learning issues that law students may deal with. I remember how counter-intuitive that seemed to me the first time I learned about this topic several years ago: “How could someone even get into law school if they have cognitive learning issues?” my brain naively wondered.

And the answer is that learning issues include things like ADHD (attention deficit/hyperactivity disorder), neurodivergence (e.g., autism), and dyslexia. And perhaps it even overlaps with anxiety, which often can present in the form of various learning issues.

In the context of foreign-trained lawyers and law students in LLM, JD and MSL programs in the US, the topic of course can be particularly tricky. In part because of cultural differences in attitudes towards and awareness of learning issues. And in part because it’s much more difficult to identify or diagnose issues when someone is operating in a second or third or fourth language. Is a student’s struggle with reading a function of language or of a learning issue? It’s hard to know. And in the case of dyslexia, there’s even a case to be made (in this TikTok video clip by @etymologynerd) that the nature of written English may cause more problems for people with dyslexia than other written languages do. So it’s possible that a foreign-trained law student in the US could struggle with dyslexia studying in English when it was not an issue for them studying in their home language.

I’m not aware of any specific solutions or research or discussion related to the intersection of learning issues and foreign-trained lawyers and law students in US law schools. But I think if nothing else, it’s helpful and important to bring awareness to such students, as well as to faculty and administrators who work with them, that these issues are out there and are very much on law school’s radars these days in a way they were not at all back when I was a law student in the 1990s.

Here’s a Law School Toolbox Podcast Episode (474) titled “Thriving in Law School with ADHD (w/ Rawi Nanakul.”

In this episode they discuss:

  • >Rawi’s personal journey and ADHD diagnosis
  • >Identifying ADHD signs
  • >The difference between the help provided by a doctor, a therapist, and an ADHD coach
  • >A few specific scenarios that might play out for students struggling with ADHD
  • >The importance of self-care and professional help

Resources:

Note from the Law School Toolbox Podcat:

If you enjoy the podcast, we’d love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you’re concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode!

Thanks for listening!

Alison & Lee

Note: The Georgetown Legal English Blog has no affiliation with the Law School Toolbox Podcast or its parent organization JDSupra. We just thought this was a helpful episode to share.

New: US law student + Ukrainian law student Legal English conversation project

Posted by Stephen Horowitz, Lecturer of Legal English

Very happy to share that I’ve just launched a new initiative to provide Legal English support for over 300 Ukrainian law students. It’s an expansion of the model I’ve been using to host and facilitate Legal English conversation sessions for Ukrainian law and Legal English faculty.

The faculty sessions, which I’ve run for about two years now, involve me hosting a weekly Zoom session and sending a calendar invite to a list of Ukrainian faculty and a list of US/EU faculty who have indicated interest in participating. (I’ve been able to reach and connect with so many Ukrainian faculty members thanks to Artem Shaipov, Legal Advisor and Team Lead for Legal Education Reform for the USAID Justice for All (Ukraine) program.)

Each week I log in to Zoom, and then as faculty members join, I pair them off into breakout rooms for 45 minutes of conversation in English about whatever they want to discuss. Sometimes it’s a 1-to-1 ratio, and sometimes there are 2 or 3 Ukrainian faculty members talking with one US/EU faculty member.

The number of faculty members and faculty volunteers who have signed up to participate is much bigger than the number who actually show up for a given Zoom session. And the numbers seem to work out each time. Faculty members join when they’re able. And if they miss a session, or can only join for one total session during the semester, that’s fine. The model essentially plays the percentages and has worked well 99.9% of the time.

The new initiative, connecting Ukrainian law students and US law students, is the same model, but there will be many more people involved, and many more Zoom sessions happening each week.

So far over 300 Ukrainian law students have signed up, and close to 100 US law students have also signed up. Of the US law students, about half have indicated that they would be willing to be a host for Zoom sessions. And that means there will be up to 50 different student-led Zoom sessions going on each week, each on different days and times. Having this range of options will hopefully help ensure that all of the Ukrainian and US law students can find one time each week to join when they’re able.

This is definitely experimental, so I assume there will be some bumps along the way. But hopefully those bumps will help to identify some protocols and best practices that will make things run more smoothly in the future. (Also, thanks to one of the US law student volunteers, I learned that a similar model is already in use by an organization called Ladies Let’s Talk. Immigrant women in the US are paired with English speakers for the purpose of practicing English conversation.)

And in the bigger picture, as Ukraine’s legal system shifts more towards the West and the EU, and as Ukraine’s law schools begin teaching all of their courses in English, the Ukrainian law students will find themselves better prepared and able to adapt. And also the connections formed now will lead to deeper connections in the future between the legal communities of Ukraine, the US, and other parts of the world.

Get Involved

If you are a US (or English speaking) law student and would like to volunteer, you can sign up just using this Google Form for US/English speaking law students. At some point you will receive calendar invites from the US law students serving as hosts/facilitators.

If you are a Ukrainian law student and would like to participate, you can sign up using this Google Form for Ukrainian law students.

And you can click here for more info and blog posts about the work that I and others in the Legal English/Legal Education field have been doing to support Ukrainian law schools, their faculty, and their students.

Update Oct 19, 2024: Here’s some feedback from some of the Zoom sessions that have already happened:

  • Thank you so much for such opportunity! It was a pleasure to discuss law systems of the US and Ukraine with [NAME1], so I really appreciate it a lot!!
  • I loved meeting all the Ukrainian students and getting to know them!
  • [NAME2] was great at explaining everything, so it was fun to listen to her answers and answer her questions myself)))
  • [NAME3] is such a nice person. It was interesting to talk to him and to get know something new.
  • [NAME4] is awesome!
  • Thank you for great opportunity to talk, get to know each other and develop!)
  • that was a great meeting, I really enjoyed it (especially the part with “only in ohio” lol)
  • I love this lessons
  • Just thank you 🙂

Questions? Feel free to contact me at sh1643@georgetown.edu or via Twitter/X at @gtlegalenglish.

Externship Diaries: Salome Adeishvili (August 2024 – post #3)

Salome Adeishvili, Georgetown Law Two-Year LLM, 2023-25

Post by Salome Adeishvili, who just completed her first year of Georgetown Law’s Two-Year LLM and will graduate in Spring 2025. Salome is from a small town called Samtredia in Georgia. Fun fact from Salome: Samtredia translates as “three pigeons.” 🙂

In case you missed them, you can read Salome’s prior posts here.

August 2024

Dear Diary (and Future Readers), 

Do you want to know how it all concluded? We have reached the satisfying moment when you can tuck this experience away on the imaginary shelves of your mind and the real lines of your resume. Let’s delve into the final facets of a summer externship that are worth reflecting on before you close this chapter.

In the first part of this blog, I will wrap up the discussion on the final steps of Georgetown University’s requirements and share my thoughts and experiences on crafting the Reflection Memo, as I promised in my second post. In the second part, I will discuss the value of externships for multilingual international lawyers. In the third part, I will discuss the strategies to develop professional growth and skills during an externship. In the conclusion, I will reflect on how transformative this externship has been for this new chapter of my academic and professional career.

  1. Crafting the Reflection Memo 

In this part, I will be guiding you on how to effectively approach writing your Reflection Memo at the end of your externship. The Reflection Memo is a critical component of your externship experience, allowing you to thoughtfully analyze and document what you have learned, how you have grown, and how your experience aligns with your career goals. I will share three important strategies on how to stay engaged with these reflective topics throughout your placement to ensure that when the time comes to write your memo, you will have a wealth of insights ready to shape into a meaningful reflection.

First, to prepare for writing the Reflection Memo, it is essential to approach your externship with an active mindset, continuously engaging with the key topics the memo will cover. Throughout the externship, you should keep in mind the questions you need to answer, allowing you to reflect on your experiences throughout the externship.      

Second, during the semester, your externship supervisor from Georgetown University will most likely point out specific topics and areas that can inform your memo. This guidance is invaluable, as it helps you know what to pay attention to and what reflections will be most relevant to your final write-up. As you work on cases or engage in various tasks, consider how these activities align with the organization’s mission and your initial expectations. Pay attention to surprising elements of the work environment or your responsibilities, as these will form a crucial part of your reflection. It is also beneficial to observe how your skills develop over time, noting specific tasks that contribute to your growth. Take note of any lessons or insights gained that go beyond classroom learning, as these will be valuable in your reflection on the most important takeaways from the externship. 

Third, use the expected discourse conventions for the Reflection Memo. In the first year of my Two-Year LLM program, I took Fundamentals of Legal Writing I and II. These courses were crucial in teaching me how to write like a US legal professional, focusing on US writing styles tailored for legal readers. This approach was entirely new to me, as I had not previously encountered this style of legal writing in my career. I highly recommend paying close attention to these classes, as they will be invaluable not only for writing your Reflection Memo for the externship but also for crafting any academic papers during your second year.

In summary, writing a strong Reflection Memo requires ongoing engagement with your experiences, noting your evolving thoughts, and advanced writing skills, all while keeping in mind the specific guidance provided by your supervisor.

  1. Why is it valuable to do an externship/internship for multilingual international lawyers 

In this part, I will cover two key benefits of an externship: gaining real-world experience in a different legal system and enhancing language skills in legal contexts.      

  1. Real-World Experience in a Different Legal System 

As a multilingual lawyer from a Civil Law country, engaging in an externship has been essential for me. It has given me the opportunity to gain firsthand experience in a Common Law system, which is quite different from what I am familiar with. This exposure has been crucial in helping me understand the nuances and complexities of practicing law in a jurisdiction other than my own. Before I can fully step into the role of an attorney and take on all the responsibilities that come with it, I needed to have this experience. It prepared me for the challenges of working in a Common Law system, ensuring that I am well-equipped to navigate this legal system with confidence.

  1. Enhanced Language Skills in Legal Contexts

Being multilingual is undoubtedly an asset, but using multiple languages in a professional legal setting takes those skills to a higher level. It helps refine your language abilities, especially those that rely on legal terminology and formal communication. In this context, it is not just about translating words but truly understanding the legal concepts behind them. Sometimes, literal translations of legal terms can lead to confusion, as the same word might mean something entirely different in another legal system. This is why asking questions and seeking explanations about legal terms is crucial. For a lawyer coming from a non-English-speaking country, this experience is invaluable. It helps you become proficient in the legal language of another country, setting you apart in the global legal market and ensuring that you can navigate complex legal discussions with confidence and clarity.

  1. Growth and Skills: Lessons Learned and Future Advice

This part of the blog will cover how I have grown in my professional skills and how these skills will benefit my future career and LLM studies. 

  1. Growth as a Legal Professional

At the start of my externship, managing my time and handling complex immigration cases was tough. I felt overwhelmed and struggled to keep up with the fast pace. But as I practiced and adapted, I became more efficient and organized. The feedback from my supervisor attorney was incredibly helpful, turning my challenges into learning opportunities. My advice is not to get discouraged. Even if progress can feel slow, keep moving forward, practicing, and doing your best. Every small step counts, and, with persistence, you will eventually find yourself making significant strides toward success.

  1. Skills to Take into My Legal Career and LLM

The skills I have developed during this externship will be pivotal for my future career. I have gained a solid understanding of US Immigration Law, which aligns with my professional interests. As I progress into my second year and take courses on Immigration and Refugee Law, this practical experience will provide a significant advantage. Conversely, these courses will address any gaps in my theoretical knowledge. Together, this blend of hands-on and theoretical experiences will equip me to handle complex legal issues with confidence and professionalism.

For future students, my advice is to make the most of your externship by aligning it with the field you plan to study and work in. Choose a placement that complements your academic and career goals, and strive to gain as much practical experience as possible. Your externship is an opportunity to build a strong foundation for your future career, so embrace it fully and do your best.

  1. Conclusion

In wrapping up this journey, it is clear that an externship offers far more than just a glimpse into the professional world—it is a transformative experience that shapes both your legal skills and your career outlook. From mastering the art of reflection to navigating a new legal system and honing language skills, every challenge encountered is an opportunity for growth. As you prepare to take the next steps in your career and academic pursuits, remember that the insights and experiences gained during your externship will serve as a solid foundation for your future successes. 

To speak of my experience, this journey, once daunting, now sits neatly on the shelf of my professional life, ready to support the next steps in my LLM studies and beyond. I got my second happy ending. But just as one chapter closes, another begins. Is there a prospect of a third happy ending to this story?

I received a job offer from my externship firm, which I happily accepted. There will be more to share about that in the future, in a different time and place, but for now, let’s savor this accomplishment and look forward to what comes next.

Externship Diaries: Salome Adeishvili (July 2024 – post #2)

Salome Adeishvili, Georgetown Law Two-Year LLM, 2023-25

Post by Salome Adeishvili, who just completed her first year of Georgetown Law’s Two-Year LLM and will graduate in Spring 2025. Salome is from a small town called Samtredia in Georgia. Fun fact from Salome: Samtredia translates as “three pigeons.” 🙂

July 2024

Dear Diary (and Future Readers), 

Are you curious about what happens after the happy ending? After all those celebratory LinkedIn posts about securing an externship? The truth is that adjusting to a new position is not always smooth sailing. Yes, life marches on after the happy ending, but it is not all roses and unicorns. The first steps are often filled with fear and doubt, which is a natural part of life. But I am here to share my experience of navigating these uncertain moments and the fear of not fitting in. Hopefully, you can benefit from reading about my journey.

In the first part of this blog, I will cover the technical aspects of an externship, particularly how to ensure that you fulfill Georgetown Law’s requirements and deadlines so that your hard work pays off. In the second part, I will share my experiences in the field itself. The latter will have subsections that will discuss my externship journey, highlighting the skills I already possessed, areas where I aimed to improve, and practical advice for future students preparing for similar opportunities.

  1. Technical aspects of the externship

At the start of your externship, you will receive a detailed email from the director of the LL.M. Academic Externship Program outlining your duties and deadlines for various required document submissions. Make sure to mark all the dates and carefully check that you complete each required step. Key documents include the Externship Goals Form, Weekly Sheets, and the Reflection Memo.

In the Externship Goals Form, you will (1) outline your objectives and (2) detail the legal skills you hope to develop, the types of professional experiences you aim to have, and how you plan to achieve these goals. You will also need to reflect on the feedback your externship supervisor provides about your goals. Thinking ahead about your goals can shape your path and motivate you to excel in your externship.

Weekly Sheets need to be filled out at the end of each week. They capture what you learned, what you did, and how those experiences influenced your perspective on the externship. This weekly summary can help to sum up those five days of your life and reveal the dynamics of your work, showing whether your path is monochromatic – routine and unchanging – or multi-colored – out of your comfort zone and full of exciting challenges.

The Reflection Memo is due at the end of the externship. Since I still have a month to go, my thoughts on it are still forming. I will share my experience of writing the Reflection Memo in my third and final blog post about my Summer Externship.

  1. Field experience 

In this part, I’ll reflect on my externship experience, focusing on the skills I brought to the table, those I needed to develop, and advice for future students preparing for similar opportunities.

  1.  Skills I Already Had

Before starting my externship, I had the advantage of completing the first year of my Two-Year LL.M. Program, which included a comprehensive course, Introduction to the US Legal System. This class provided me with a solid foundation in the workings of the US legal system and the key principles of the common law. Additionally, my US Legal Research Analysis and Writing class taught me how to draft memorandums effectively, a skill that proved invaluable during my externship. Approaching assignments, especially memos, with confidence and clarity was a direct result of this training.

Moreover, the US Legal Research Analysis and Writing class taught me how to use Westlaw to look up precedent cases, equipping me with essential research skills. This is particularly beneficial for students from countries with civil law systems who are not familiar with common law research techniques. This preparation gave me an edge over other externs who might not have had the same training, especially in conducting research on common law and related issues. Learning these skills in my LL.M. program was incredibly beneficial, setting me up for success in my externship.

  1. Skills I Needed to Develop

Despite my strong background, I quickly realized that excelling in a law firm required developing new skills, especially for multilingual, international students like myself. Sharpening my communication skills and improving my time management became top priorities. The ability to clearly verbalize ideas and efficiently manage multiple tasks is crucial in a fast-paced legal environment, where even a single punctuation mark in an email can significantly alter its meaning and tone.

While my LL.M. program at Georgetown Law did not formally cover these nuances, insights into correct communication skills were subtly embedded throughout classes, particularly in Fundamentals of Legal Writing. This class introduced us to the world of US legal writing and its practices. My Drafting Contracts professor often emphasized that small stylistic mistakes in emails could unintentionally convey disrespect, despite our good intentions. This lesson underscored the importance of understanding the unwritten rules of business communication in the legal world. Adjusting to these nuances has been crucial for navigating different cultural and work ethic norms, ensuring I communicate effectively and professionally in my role.

  1.  Advice for Future Students

In addition to the other points I have discussed, another top piece of advice for students preparing for an externship or internship is to remain vigilant and proactive. Always seek clarification when uncertain and do not hesitate to ask questions, regardless of how trivial they may seem. Double and triple-check your work meticulously, as you will be dealing with real cases that can have a significant impact on people’s lives. It’s crucial to verify everything with your supervising attorneys to prevent errors. Remember, this experience goes beyond theory—it’s about real-world practice where mindfulness is crucial.

In conclusion, the externship journey extends far beyond the initial excitement captured in celebratory LinkedIn posts. This journey will push you to grow, adapt, and learn how to navigate both the technical demands and the practical realities of the legal profession. From meticulously managing documentation and setting clear goals to refining communication skills and adapting to new cultural and professional norms, each aspect of your externship can contribute to your personal and professional development. Each step towards the second happy ending – completing the externship – marks both personal growth and readiness for the challenges ahead in the legal profession.

******************

Are you a current student or an alumnus of the Georgetown Law Two-Year LLM Program? Would you like to write a post or series of posts for the Georgetown Legal English Blog with your own experience, advice, or ideas? Just email Prof. Stephen Horowitz at stephen.horowitz@georgeown.edu.

What’s jury duty like? Some firsthand experience from Georgetown Law’s Darius Ngo

Darius Ngo, Director of Operations for Georgetown Law Office of Graduate & International Programs

Darius Ngo is the Director of Operations for the Office of Graduate & International Programs at Georgetown Law. He is not a lawyer nor a law professor. But like every other American citizen, he is required to report for jury duty when called. And that’s exactly what happened two weeks ago.

Jury duty is an intriguing curiosity for many of our LLM students (both in the Two-Year and One-Year LLM programs at Georgetown Law.) Especially for students coming from a country that doesn’t have jury duty in its legal system. And based on the media portrayal, jury duty is an experience of high drama, full of action and plot twists. Or cases where a woman is awarded millions of dollars for spilling hot coffee on herself. Or even cases involving a former US president!

For that reason, we thought it might be both helpful and interesting to ask Darius to share his own personal experience with jury duty. Here are some of his thoughts:

I was summoned on Monday morning and selected that late afternoon. The trial was on Tuesday, and on Wednesday the jury deliberated and provided a verdict on the charge.

The case I was on was a criminal misdemeanor sexual assault case, and we found the defendant guilty of the charge.

I think the most fascinating parts of the process were 1) watching the prosecutors and defendants try to discredit the opposing witnesses during cross examination, 2) watching closing remarks and how each side addressed the jury and how each narrative was spun, and 3) the deliberations itself since each juror had different perspectives. We deliberated for the day because we were going back and forth on whether we believed it was beyond reasonable doubt that the charge occurred. But at the end of the day, the evidence presented was clear.

It was definitely a great experience seeing the process unfold. My experience of jury duty in the past has been standing in line, waiting in the juror lounge and being dismissed after a long day. But beyond that and getting chosen, I definitely felt like I did my civic duty and contributed.

I think the most arduous part of the process is the first day of sitting, waiting, answering the judge’s selection questions, and the anticipation of getting selected or dismissed. I think that’s the majority of people’s experience with jury duty since so few are selected. But once selected, I think being in court and contributing to the U.S. justice system was very fulfilling since I am just an ordinary person not trained in law.

For LLM students who want to learn and hear more about jury duty, we encourage you to stop by the Office of Graduate & International Programs (Hotung, 5th floor) and ask Darius about it the next time you see him!

FYI, Hotung is the building on the left, behind the clocktower.

Ukraine/US peer-to-peer law student legal writing project completes second session

Post by Stephen Horowitz, Professor of Legal English

On Wednesday, March 20, 2024, the closing Zoom call for the Kyiv-Mohyla Academy Peer-to-Peer Legal English Writing Project was held, concluding a second 6-week session of this continuing innovative project. (The first ran during the fall 2023 semester.)

The project was initiated in 2023 by National University of Kyiv Mohyla Academy (KMA) Law Dean Volodymyr Venher working with project Director Taisa Markus, who is an adjunct professor of law for University of Illinois College of Law (which hosts the website for the project) as well as a Visiting Professor at KMA, Project Deputy Director Nataliia Maksymchuk, Senior Lecturer of English at KMA, and Ivan Yatskevych, Professor of Labor Law at KMA who collaborated with Markus to create the legal writing assignments for the participants.

In each session, approximately 20 KMA law students have been paired with tutors who are JD students from a variety of US law schools including University of Illinois, Georgetown, Yale, Columbia, University of Chicago, and Fordham. The KMA students are given a writing assignment created by faculty. (e.g., For the January 2024 session, Markus and and Yatskevych created the assignment along with support from Georgetown Legal Writing Professor Eun Hee Han as well as from Virginia Robinson (University of Chicago Law, ’23) who had served as a tutor in the fall 2023 pilot version of the program.

For the Spring 2024 assignment, KMA students learned they were junior associates at Ukraine’s largest law firm, and their firm’s client–a US cookie company–was planning on purchasing a 10% share of Ukraine’s largest confectionary company. But they need the junior associates to prepare a legal memo for the General Counsel and CFO of the US client analyzing an intellectual property rights dispute potentially affecting the acquisition.

KMA students met with their JD tutors via Zoom approximately 1 to 2 hours each week as they researched the law and wrote their memos in English. And in addition to learning about legal writing, everyone involved also seemed to learn more than they initially expected–about each other’s lives and countries; about each other’s legal systems and legal writing cultures.

I’ve been very fortunate to have a role in helping to identify Georgetown Law students interested in participating. And they shared some wonderful insights upon the completion of this second session:

Kevin Jupena (JD, 2025): “It was a great experience. I found it extremely helpful personally to reexamine my own writing style when making edits. Hopefully I can continue to be a part of this program next time they run it.”

Fankai Meng (LLM, 2024): “This project was very meaningful. I actually had the opportunity to learn more about legal writing myself through this project. I admire how hard the KMA students worked during this difficult time. And my peer mentee also helped me learn a lot about Ukrainian law and how a civil law system deals with this kind of case. I greatly appreciate having had this opportunity.”

Joey Gaston (JD, 2025): “I learned from my peer mentee that long, complex sentences are commonly used in Ukrainian legal memos. At times, a single sentence in a Ukrainian legal memo may make up an entire paragraph. Based on the complexity of the writing my peer mentee submitted, we worked to break down her complex sentence structure into more manageable segments, with a goal of keeping the sentences in the US legal memo three lines or less in length. Overall, the experience was great for me, and I hope it was equally as informative for my peer mentee.”

The KMA Peer-to-Peer Writing Project is one of a number of legal education collaborations happening between Ukrainian law schools, faculty, and students and law schools and legal education professionals in the US and elsewhere around the world.

If you or your institution is interested in getting involved in the Kyiv-Mohyla Academy Peer-to-Peer Legal English Writing Project, please feel free to contact Taisa Markus (taisamarkus@icloud.com) and Nataliiya Maksymchuk (n.maksymchuk@ukma.edu.ua).

For more information about the program, check out this post from the KMA Faculty of Law website titled “Innovative English Language Peer to Peer Writing Workshop Pairing US and Kyiv Mohyla Law Students.”

LE Journal: ChatGPT conversations with Ukrainian legal English faculty

Post by Stephen Horowitz, Professor of Legal English. LE Journal is an opportunity to share some of the current goings-on of Georgetown Law’s Legal English Faculty.

Professors Julie Lake and Heather Weger met via Zoom this week with four Ukrainian philologists (i.e, historical linguists) to discuss pedagogical approaches and the use of Chat GPT in Legal English classrooms.

The Ukrainian legal English faculty members were Anetta Artsysshevska, Nataliya Hrynya, and Lily Kuznetsova from Lviv Ivan Franko National University and Olena Zhyhadlo from Taras Shevchenko National University of Kyiv Law School

We enjoyed a fruitful conversation about our collective successes and challenges, and we plan to meet again in February to continue the conversation.

The relationship evolved from a larger effort initiated by the Global Legal Skills community back in 2022 to foster connections and collaboration among law and legal English faculty in Ukraine

Wordrake Plain Language Series: An Interview with Prof. Stephen Horowitz

In connection with International Plain Language Day (which is a real thing), Wordrake recently published an interview with Georgetown Legal English Prof. Stephen Horowitz, who teaches in Georgetown Law’s Two-Year LLM Program, in which they asked him questions such as:

  • “What prompted you to combine Law and English as a Second Language?”
  • “What connections do you see between writing for lawyers, linguistics, English as a Second Language, and the plain language movement? How do you see these fields working together to promote clarity and equity?”
  • “How can other lawyers help clients who speak English as a second language? What should lawyers know about ESL processing that would help them better serve clients?”
  • “How can professors help students who speak English as a second language?”

Below are some quotes from the interview:

  • “In Japan I encountered so many situations and behaviors that felt uncomfortable and at times even irrational. I learned to stop myself and consider the possibility that it actually was rational if you’re working from a different set of assumptions. And I learned to question and evaluate my own assumptions about how things should work before I fell back on a judgmental view or comment. It’s led me to a passionate curiosity for trying to understand why people do things they do.”
  • “The plain English movement is a reaction to a sense that the writing of lawyers and judges had become unnecessarily complicated and was acting as a barrier to access to justice. Although not stated explicitly, the plain English movement seems to me to assume native English speakers as its primary users and consumers. Legal English, on the other hand, is a catch-all term relating to the approach and curriculum for helping lawyers and law students from other language backgrounds study or work with US (or UK, Canadian, Australian, etc.) law or contracts in English.”
  • “The primary overlap [between Plain English and Legal English] is probably with regard to input. In the case of plain English, if you simplify language and use fewer words, then there is less information to process, both in volume and complexity. That should work to the benefit of non-native English speakers. In other words, using plain English makes a text closer to the idea of “comprehensible input.” Of course, it’s also possible that even a text that meets plain English standards could still be challenging for a non-native English speaker to understand for a variety of reasons, including vocabulary, grammar, and cultural knowledge gaps. And of course among non-native English speakers, there will also always be a wide range of facility with English.”
  • “However, it seems to me that plain English and legal English begin to diverge regarding output. This is because plain English can often be conveyed as a series of prescriptivist rules and principles for how to use and not use language. Whereas in legal English, the priority is generally learning to communicate one’s ideas accurately, with style a little lower down the priority list depending on the student. From a legal English teaching perspective, we want the students to learn to feel confident in expressing their ideas.”

Below is a link to the full interview.

Wordrake Plain Language Series: An Interview with Professor Stephen Horowitz

Master of Laws Interviews Project Season 2 is back!

Posted by Yi Song

Yao Liu

Shareholder at Cavitch Familo & Durkin

How did he become the first ever international intern turned shareholder at a firm founded in 1886?

When Yao was applying for internships during law school, most firms had stopped accepting new applications. He decided to cold show up at the doorsteps of the top 20 firms in Cleveland, Ohio, where he was studying. He went to the first firm on his list. The receptionist welcomed him, offered him coffee and informed him that the hiring partner was not in the office that day. He left his cover letter and resume. He thought it was a dead end.

As he was waiting for the elevator, he saw another gentleman was waiting as well. He looked at his watch, it was 3:30. He thought that this guy must not be a lawyer. No lawyer leaves work at 3:30. They struck up a conversation. As it turned out the guy was indeed an (estate planning) lawyer who has been with the firm for 25 years. He introduced Yao to the hiring partner a week later. During the subsequent interview, Yao wasn’t begging the firm for a job, but rather trying to figure out: why were his peers with stellar grades not being hired?

This is a story with a happy ending. Yao became the first intern the firm ever hired in its 137-year history. At the end of his internship, he received a job offer, and eventually, he made history once again by becoming the first shareholder with an international background at the firm.

How did he manage to persuade the hiring partner to offer him the internship?

How did he turn the internship into a permanent position?

Why indeed didn’t his peers with stellar grades secure jobs like he did?

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Dissents, LLM students and learning to read cases

Post by Stephen Horowitz, Professor of Legal English

One of the challenges for many foreign-trained LLM students studying at a US law school, especially if they come from a civil law legal culture rather than a common law legal culture, is getting their brains to buy into the notion that the words and language and arguments that they read in a court opinion have weight. That statutes and statutory language is not the final say in a legal argument, but actually just a first step followed by a search for and review of case law that interprets various parts of a statute.

Click to see the full article.

A subsequent and related challenge for many foreign-trained LLM students (as well as for US-trained JD students) is then training their brains to also understand that, even though what a judge writes in a court opinion may constitute law (at the time and in the jurisdiction of that particular case), it is not infallible and may have major flaws in its arguments. And this is even more so in law school in the US where the goal of study is often not just about determining what the law is, but thinking about what it could or should be. And training one’s brain to analyze arguments in order to be able to construct effective arguments in the future.

In that vein, I recently came across an article about the role of dissenting opinions that may be helpful for foreign-trained LLM students trying to wrap their brain around the US common law legal system. (Or legal English professors trying to help them get there.) Because from the perspective of one trained in a civil law legal system, a dissenting opinion may seem rather extraneous.

Prof. Sherri Lee Keene, Georgetown Law

The article, “Teaching Dissents” (Minnesota Law Review, July 7, 2023) by Prof. Sherri Lee Keene of Georgetown Law, is intended to help law students better understand the significance of dissenting opinions.

The abstract of Prof. Keene’s article notes that, “Court opinions are often written to sound authoritative and sure, making legal decisions seem purely logical and channeling a tone of inevitability…… In contrast to the voice of the majority, which often seeks to draw attention away from conflicts, dissents can show where choices were made in the decision-making process, and where others could have been made.”

Prof. Keene highlights the notion that teaching and studying dissenting opinions is a great way for students to learn to be critical readers and “identify spaces where they can challenge existing precedent and advocate for positive change.”

And from a legal English perspective, I appreciate that Prof. Keene has provided those of us who work with foreign-trained LLM students a very useful tool for helping our students to more deeply understand and get comfortable with the concept the US common law legal system and its culture.

Below is the full abstract and a link to the article:

Continue reading “Dissents, LLM students and learning to read cases”
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