Introduction
The information on this webpage applies to the Written Work Requirement for JD students who matriculated at HLS from Fall 2023 onward (including transfer students matriculating as of Fall 2024).
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How do I satisfy the Written Work Requirement (“WWR”) at HLS?
To satisfy the WWR, students must complete two pieces of writing: (1) an analytical paper and (2) select professional writing.
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What are the differences between the Analytical Paper and Professional Writing?
The analytical paper requirement is a research paper of no fewer than 20-25 pages under the supervision of an HLS faculty member or an HLS instructor holding a Law School teaching appointment. This required paper may be satisfied, with the approval of the supervising faculty member, through an independent paper or a course or seminar paper. For an analytical paper to meet the requirement, a substantially complete draft must be reviewed by the instructor and a peer (prior to final submission of the paper).
The professional writing requirement is met by written work that would typically be created in the course of ordinary legal practice by an attorney. The requirement will be satisfied with written work(s) of at least 5 pages, created as part of a clinic or an experiential learning course in which the assignments have been determined to meet the requirement, upon approval of the supervising faculty member. Written work supervised by an HLS faculty member in other courses may satisfy the requirement upon approval by the faculty member and Assistant Dean of Clinical and Experiential Education. For professional writing to meet the requirement a substantially complete draft must be reviewed by a supervising instructor and a peer (prior to final completion of the work).
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Can both parts of the writing requirement be satisfied in a singular academic offering, either a course, seminar, or clinic, e.g. the course assignments include at least 5 pages of professional writing and a 20-25 page analytical paper?
The presumption is that assignments in a single academic offering, including a clinic, cannot satisfy both parts of the writing requirement. Exceptions may be made after consultation with the Dean for Academic and Faculty Affairs and the Assistant Dean for Clinical and Experiential Education and Pro Bono Programs.
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Is there a minimum satisfactory grade on either the analytical paper or the piece of professional writing?
Students must earn an LP or higher in the course or on their independent writing to satisfactorily complete either part of the writing requirement.
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What is a Writing Group?
Writing Groups allow students to complete a writing project in a workshop environment with the support of a supervising instructor and small group of peers (typically around 8 students.). All Writing Groups permit students to complete the Analytical Paper requirement, as they also include instructor and peer review.
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How many independent writing credits can count toward the JD degree?
Students can count up to 12 writing credits toward their JD degree.
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Can I co-author a paper with another student?
Analytical papers must be individually-authored. Students may use jointly-authored work to satisfy the professional writing requirement pending the permission of the supervising HLS faculty member.
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What is peer review? What is expected of the peer review component of the Analytical Paper and Professional Writing Requirement?
All writers benefit from being able to deliver, receive, and respond constructively to feedback; the ability to revise thoughtfully in response to written peer review, in particular, is a critical skill in the law. To satisfy this component, students must both provide peer review to a fellow HLS student, usually another upper-level J.D. student, as well as receive and act on it with regard to their own writing. (Exceptions may be made for the professional writing requirement completed through clinical work.)
Feedback for this purpose should include substantive comments as well as suggestions for editing on a substantially complete draft (prior to submission of the final product). Writer and reviewer may also discuss revisions but neither oral discussion alone nor workshopping (structured discussion in or out of class) satisfy the requirement in the absence of written feedback. Peer review is coordinated in several different ways depending on the context in which students complete their writing for the requirements. The HLS Writing Center also offers resources in relation to coordinating and conducting peer review.
The Analytical Paper Requirement
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With an Analytical Paper, what are the different types of papers that satisfy the requirement?
The analytical paper is a research paper of no fewer than 20-25 pages under the supervision of an HLS faculty member or an HLS instructor holding a Law School teaching appointment; the paper must receive both instructor and peer review of a draft. This required paper may be satisfied, with the approval of the supervising faculty member, through an independent paper of 1, 2, or 3 credits or a course or seminar paper.
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Does the analytical paper need to be a singular paper of 20-25 pages?
Yes. The analytical paper cannot be completed through a collection of work.
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How do I register for an independent Analytical Paper?
You must submit a completed registration form to the Registrar’s Office. Prior to submitting the form, you must identify a faculty supervisor and obtain his or her approval of your proposed project.
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Can the Analytical Paper be completed through independent writing under faculty supervision?
Yes, as long as the work otherwise meets the requirement, namely a draft is reviewed by the faculty instructor and you both receive and deliver written peer review, in partnership with a fellow upper-level J.D. student.
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How can I find someone to supervise my Analytical Paper?
Students can ask any HLS instructor to supervise written work, although faculty members on certain types of leave may not be available in a given term. You may contact faculty members directly, and we encourage you to do so earlier rather than later. Please note, the faculty member must have an appointment for the term in which the paper is being registered.
Writing Groups provide another opportunity for students to find a faculty supervisor. Writing Groups allow students to complete a writing project within a workshop environment with an instructor and small group of peers (typically around 8 students).
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Can a visiting faculty member supervise my Analytical Paper?
Visiting professors and lecturers on law can ordinarily supervise paper credits only in the term of their appointment.
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How long do Analytical Papers have to be?
To satisfy the requirement an analytical paper needs to be at least 20-25 pages for one-credit, 50 or more pages for a two credits, and 75 or more pages for three credits. Certain types of research, e.g., an empirical project that involves a survey or assembling and analyzing a data set, may result in shorter papers and, with faculty approval, be used to satisfy the analytical paper requirement. Students should consult with their faculty supervisors to determine how many credits their project will receive.
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Is there anything special I have to do if the research for my paper involves interviewing people, conducting surveys, or obtaining information about living individuals by other means?
Students are responsible for the ethical implications of their research. If a student’s project involves interviews, surveys, or obtaining information about individuals by other means, it may require review by the Committee on the Use of Human Subjects in Research. Students should contact the Committee at cuhs@fas.harvard.edu to determine whether their project requires review. Additional guidance is provided on the Committee on the Use of Human Subjects webpage.
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Can I write the Analytical Paper in my 1L year?
No. The Analytical Paper cannot be completed in the 1L year as it serves to meet the ABA’s requirement that a student have a faculty-supervised “writing experience after the first year.”
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Can my Analytical Paper be written in a class that also meets another requirement? Can the Analytical Paper be completed in an offering that also satisfies the experiential learning or professional responsibility requirement?
In accordance with ABA standards, students may not use any course to satisfy more than one of the professional responsibility requirement, the experiential learning requirement, and the analytical paper component of the written work requirement. Thus, for instance, while students may complete their analytical paper in an experiential course that offers this opportunity, they may not then also count that course toward their required experiential learning credits or professional responsibility requirement. This rule does not apply to the professional writing requirement.
Students may complete the analytical paper requirement in a course that also meets other HLS-specific (non-ABA) requirements, such as the international and comparative law requirement or negotiation/leadership requirement, so long as that course isn’t also counted toward the student’s experiential learning requirement.
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Can a reflection paper be expanded to 20-25 pages and satisfy the AP requirement?
No, the Analytical Paper requirement cannot be satisfied with a reflection paper.
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Will briefs completed for the Ames competition satisfy either part of the writing requirement?
Ames competition briefs will not satisfy either the analytical paper or the professional writing requirement, both of which need to be faculty supervised.
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May I use the Winter Writing Program to write the Analytical Paper?
Yes. The Winter Writing Program is a great time to focus exclusively on an Analytical Paper. Winter papers must be a minimum of two credits.
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Can I use nontraditional writing for my Analytical Paper?
Nontraditional writing supervised by a faculty member cannot satisfy the Analytical Paper requirement, although it could be used to earn writing credit(s). Please note, nontraditional writing must still have a minimum of 20-25 pages per credit awarded for the work.
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Can a student note written for a law journal satisfy the Analytical Paper requirement?
A student note can satisfy the Analytical Paper requirement provided it meets the requirements for written work credit and the writing is faculty supervised; a draft of the paper must receive review by the supervising instructor and a peer, with the author also delivering peer review to a fellow upper-level student. These supporting review components and the final analytic paper should be submitted to the supervising faculty member for academic credit prior to journal editorial processes that entail editing by other students or faculty.
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Can I use a paper written for a cross-registered course at another school to satisfy the Analytical Paper Requirement?
No. The Analytical Paper must be done for an HLS course, seminar or workshop, or if an independent project, with an HLS faculty supervisor.
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I’m a joint degree student; can I use a paper that I wrote for a course at the other school to satisfy the Analytical Paper?
No. The Analytical Paper must be done for an HLS course, seminar or workshop, or if an independent project, with an HLS faculty supervisor.
The Professional Writing Requirement
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What types of writing qualify for the Professional Writing Requirement?
The requirement must be satisfied with written work(s) of at least 5 pages, created as part of a clinic or a course that satisfies the experiential learning requirement, upon approval from the supervising faculty member. Written work supervised by an HLS faculty member in other courses may satisfy the requirement upon approval by the faculty member and the Assistant Dean of Clinical and Experiential Education. For a professional writing work to meet the requirement a draft will need to be reviewed by the instructor and a peer.
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Can a collection of work satisfy the Professional Writing Requirement?
Yes, so long as it totals at least 5 pages and otherwise meets the intent of the requirement.
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How do I register for the Professional Writing Requirement?
Students enrolled in a course or clinic that has assignments satisfying the Professional Writing requirement do not need to complete additional paperwork; all students who complete a written work in the course or clinic with a grade of LP or above will be noted as having completed the professional writing requirement.
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Can my Professional Writing be written in a class that also meets another requirement?
Yes. Professional Writing can be completed in an offering that also meets another requirement, such as the Professional Responsibility or Experiential Learning requirement. However, the presumption is that assignments in a single academic offering, including a clinic, cannot satisfy both the Analytical Paper and Professional Writing Requirement.
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How do I know if the writing I’ve done for a clinic qualifies?
The work(s) considered for the Professional Writing Requirement must be at least five (5) pages.
Additionally, faculty members may consider the following factors in evaluating whether the professional writing produced in clinics, externships, and/or experiential learning classes satisfies the requirement:• Amount of time spent on the written work product(s)
• Length of written work product(s)
• Original contribution of student to written work product(s)
• Degree of legal analysis, complexity of issues addressed
• Quality of written work product(s), including clarity, persuasiveness, efficacy for desired goal
• Extent of peer and supervisor feedback on written work product(s)
• Audience for the written work product(s), i.e., client, partner, advocacy targetIndividual contributions to a team written work product may satisfy the professional writing requirement when evaluated in the context of the above listed factors.
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What type of clinical writing does not qualify for Professional Writing?
Clinical writing that does not qualify for Professional Writing includes memos, briefs or other documents that rely on boilerplate or standard texts commonly used in that practice where only the facts of the case have changed; clinical journals or reflection pieces; and compilations or summaries of data without analysis.
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Can I use a take-home exam to satisfy Professional Writing?
No. You may not use any type of exam to satisfy the Professional Writing Requirement.
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Can I use writing completed as part of my work for a Student Practice Organization to satisfy Profession Writing?
No, you may not. All professional writing must be completed in the context of an academic course or clinic.
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Can blog writing satisfy either part of the writing requirement?
Blog writing that is substantive (not reflective) and completed within a course or clinic offering can satisfy the Professional Writing requirement as long as it is more than 5 pages and otherwise meets the Professional Writing requirements.
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Can I use writing from an independent clinical or from an externship placement to complete the Professional Writing requirement?
Professional Writing done for an externship placement that aligns with the above criteria will count towards the Professional Writing Requirement. Professional writing done in an independent clinical placement will not count towards the Professional Writing Requirement.
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Can I use a course or seminar paper written for a cross-registered course to complete the professional writing requirement?
No. The writing must be done for an HLS clinic or course.
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I’m a joint degree student, can I use a course or seminar paper that I wrote for a course at the other school?
No. The writing must be done for an HLS clinic or course.
For questions, please contact the Registrar’s Office, registrar@law.harvard.edu, 617-495-4612; the Office of Clinical and Pro Bono Programs, clinical@law.harvard.edu, 617-495-5202; or, the HLS Writing Center, hlswritingcenter@law.harvard.edu.