Category Archives: Teaching Legal Writing

What is a TQ?

With the recent changes to our legal-writing program, I’ve had a few queries about the role of teaching assistants in our program, mostly from folks who know we used to place heavy reliance on TAs.

Teaching assistants in the legal writing program here at Texas have an unusual name: Teaching Quizmasters or “TQs” as we call them. The name derives from a role assigned to select upper-class students to support faculty by giving quizzes to first-year students (I believe this began in the early 1900s). When Roy Mersky first started a research-and-writing program here (I believe this was in the 1970s), he revived the name.

For many years, TQs WERE the legal-writing  program; there were no writing lecturers. Even once a handful of faculty came on board, the TQs still did most of the instruction (in small groups) and most of the commenting on papers. TQs also served as de facto mentors and social directors for their assigned students. That was the situation when I began teaching at Texas in 1992: I supervised 16 TQs and had 240 students.

There’s an interesting, unusual, and sometimes painful story behind all this, and I should probably write it down someday . . . but for now, I’ll simply and happily note that yes, the TQs still exist. This last year I had 3 TQs and 46 students. But the TQ role has changed.

They no longer do classroom instruction (faculty do all that) or serve as social directors (there’s a separate group of students for that now). Today, TQs are traditional, academic teaching assistants who check research exercises, meet with students to talk about writing, and support the full-time faculty. For example, about a month ago I had my TQs sit with me in panels to hear oral arguments. A very good experience.

The TQ name is well known among UT Law alumni and is rightfully accorded a measure of respect among our graduates. In fact, 4 of our current writing lecturers were TQs. Two of my TQs this year were on law review, and both are seeking (and are likely to get) federal clerkships.

The importance of legal writing courses—at UT Law, too.

“[L]egal writing courses teach key practical skills, together with analytical skills, that add both relevance and breadth to the law curriculum. As such, legal writing courses ought to enjoy the same significance, curricular importance, and institutional support as their doctrinal counterparts.”

David S. Romantz, The Truth about Cats and Dogs: Legal Writing Courses and the Law School Curriculum, 52 U. Kan. L. Rev. 105, 146 (2003).

If the faculty and administration at a law school get that, then resources follow. That is what is happening here now, and I’m very happy about it.

Plain English memos and briefs: a series, part 4

Practical advice for legal-writing teachers
In my first-year legal-writing course, I don’t tell my students to write their memos and briefs in plain English for these reasons:

  1. I don’t have time to cover the principles of plain English. (My principles are here. Another list is here.) I’m too busy teaching analysis, organization, use of authority, legal research, conventions of legal writing, and citation.
  2. Some legal employers might react negatively to memos or briefs written in plain English because plain English emphasizes an informal, colloquial writing style.
  3. Memos and briefs aren’t intended for nonlawyers and don’t need to be written in plain English.

Some teachers of first-year legal-writing courses probably do tell their students to write in plain English. But those teachers probably don’t mean “true” plain English as I define it: English that can be read and understood by nonlawyers.

What legal-writing teachers probably mean by “write in plain English” is “avoid a hyper-formal writing style and the excesses of traditional legalese.” That’s good advice.