Reading (in the Clinic) Is Fundamental

Abstract

Lawyers do a lot of reading. Much of what we think of as legal work involves reading, and there is real consequence if it’s not done well. Yet this core professional activity does not attract much attention in the clinical and lawyering skills literatures, and it’s easy to take reading for granted. This article argues that clinical teachers, who are charged with developing lawyer competencies and disciplines in their students, should think explicitly about reading as a professional activity. They should consider bringing an awareness of novice reading challenges and a reading development sensibility to the everyday work of the clinic, and take advantage of opportunities in that work for practice in, and reflection about, what it takes and what it means to read as a lawyer. The article includes a discussion of the scholarly literature relating to legal reading including several studies comparing expert and novice reading practices, some observations about the relevance and utility of that literature to the clinical instructor, and discussion of several specific teaching ideas.

Keywords: clinical education, pedagogy, legal reading, lawyering, skills training, transactional practice