Learning By Doing: The Power of Drafting Exercises

Nancy S. Marder
Chicago-Kent College of Law

 

      I have now taught Civil Procedure for a decade. Throughout this time, I have taught from Cover, Fiss & Resnik's PROCEDURE. I think this is a wonderful and challenging casebook, from both the teacher's and students' perspectives. I learned Procedure from this casebook (though of course back then it was only a sheaf of papers) and this casebook was one of the reasons that I wanted to teach, and to teach this subject.

      At the schools where I have taught, my students have always been very focused on legal practice. After my first year of teaching, I realized that the casebook I used devoted limited space to the Federal Rules, and my students felt they needed to learn the Rules, which they equated with learning to be a lawyer. Although there is more to Civil Procedure than the Federal Rules, I did feel it was important that they should learn skills that they would need as lawyers. As a result, I designed a series of drafting exercises so that throughout the semester they draft documents that lawyers draft everyday.

      Over the past decade, I have developed a series of drafting exercises that are powerful teaching tools that significantly enhance the Civil Procedure experience for both students and the professor. I want to share with you these tools and some of their effects. In my presentation, I will:

      One testimonial to the success and importance of drafting exercises comes from students who return as second-years and report that they found the exercises to be invaluable during their first summer when the partner asked them to draft a complaint or an affidavit, and they were able to do so. Another testimonial comes from students who now regard my Civil Procedure course as a practical, nuts-and-bolts course, even though my course includes much policy, theory, and philosophy.