A Preliminary Exploration of the Elements of Expert Performance in Legal Writing

42 Pages Posted: 9 Jun 2009  

Shelley M. Kierstead

York University - Osgoode Hall Law School

Erika Abner

University of Toronto - Postgraduate Medical Education Office

Date Written: June 6, 2009

Abstract

This paper describes results of focus group research conducted with senior advocacy lawyers in relation to the lawyers' characterization of expert legal writing. The results suggest an important interplay between product and process, and are consistent with general theoretical models of expertise that characterize the writing process as exploratory, recursive, reflective and responsive. The results may also be linked with existing studies of school to work transitions. The authors also describe how the research results tie into a longer term research project aimed at developing a description of increasingly sophisticated writing competencies that can be expected of lawyers as they progress through their careers.

Keywords: Legal writing, Legal profession, Legal education

JEL Classification: K30, K39

Suggested Citation

Kierstead, Shelley M. and Abner, Erika, A Preliminary Exploration of the Elements of Expert Performance in Legal Writing (June 6, 2009). CLPE Research Paper No. 7/2009. Available at SSRN: https://ssrn.com/abstract=1415369 or http://dx.doi.org/10.2139/ssrn.1415369

Shelley M. Kierstead (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Erika Abner

University of Toronto - Postgraduate Medical Education Office ( email )

Department of Statistical Sciences
Toronto, Ontario M5S 3G8
Canada

HOME PAGE: http://www.pgme.utoronto.ca

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