Life Is Stranger Than Fiction: Partnering With Public Defenders To

Bring Authentic Legal Writing Assignments Into The Classroom

Chris EversQatar University College of Law

cevers100@gmail.comcevers@qu.edu.qa

Authenticity Is Fun and Educational

• Can save you a lot of time in problem design.• Students eventually appreciate the thought of

working on an authentic case.• One additional way to introduce legal ethics

and professionalism into the classroom.• A great way to introduce the idea that “being

right” does not mean that your client will prevail.

Everyone Has An Opinion About Criminal Law

• Students have experience thinking about criminal law issues because of what they seen and heard through the news and entertainment.

• A certain percentage of your students will have personal life experiences that directly relate to one or more criminal law issues.

Criminal offenses that work wellConstructive possession drug cases

--Control over the premises--Amount for personal use or distribution

Burglary--Evidence of intent based on actions before and after entry and the presence of

tools or other possessions

Battery --Harm vs. Great Bodily Harm--Physical contact of an offensive or an insulting nature

Second Degree Murder or Self Defense jury instructions--What a reasonable person would believe about a situation--“Fighting” words and mutual combat

Attempt Murder or Armed Robbery --Threatening violence by use of an object not typically deadly or that may be

inherently deadly, but is inoperable.

Finding a Teaching Partner

• Marry a public defender• Personal contacts• Career service and externship program

coordinators• Alumni Office and Events• Former students• Bar association or CLE meetings

Adapting Problems to Your Needs• Predictive memorandum, trial level writing,

appellate level writing, or other.• First-year vs. Advanced writing course.• Fact density you want the students to work

through.• Is the former case published?• Access to the actual filed documents in the

case and a written judicial opinion. • Decide when to tell the students the problem

is authentic.

How a Public Defender Can Help You!

Before Distribution of the Problem--A talk about the office in which the problem is set to give background on the office’s day to day operation, the typical writings an extern or new attorney would do, and “tactical” considerations that likely would not be apparent to students.--An appearance or talk by the attorney is also a great way to introduce the role of professionalism in the writing of the problem.

During the course of the problem--Assist with distribution of the problem documents through a voice message or classroom appearance.

--Appear for a Skype or in person Q & A session after an initial review of the facts by students.

--Appear for a Skype or in person “group” status conference in which students report their preliminary research and analysis.

After the Problem has been submitted--Make sure the attorney provides written pleadings and a written judicial decision.

--Skype or in person meeting with students so the attorney can share his or her experiences and talk with students why certain arguments and authorities were used.