By Professor Kathleen Elliott Vinson

As a legal writing professor, I often see students grappling with the transition from undergraduate writing to legal analysis. Many become frustrated when their previously successful writing strategies don’t immediately translate to legal writing. If you’re feeling this way, a concept that might help is: the Learning Pit.

The Learning Pit, developed by James Nottingham, [1] describes the process of learning a new complex skill. Imagine walking along a path and suddenly encountering a deep pit. To continue forward, you must descend into it, navigate through it, and climb out the other side. This metaphor captures the journey of learning legal writing.

The concept of productive struggle in learning, stepping outside of one’s comfort zone, and working through challenges, enhances a deeper understanding, fosters a growth mindset and resilience. When you first approach legal writing, you’re standing at the edge of the pit. You might feel confident based on your past writing experiences. Then you receive your first legal writing assignment – perhaps a legal memo. As you begin to work, you realize this type of writing demands new skills, such as:  using a CREAC structure, a precise citation format, careful word choice, and complex analytical reasoning. This is where you descend into the pit.

In the pit, confusion and frustration are normal. You might feel stuck and struggle with questions like: “How do I synthesize a rule?” How do I organize multiple authorities?” “When should I address counterarguments?” “How do I incorporate policy?” This discomfort is actually a sign of learning – your brain is forming new neural paths and adapting to legal discourse conventions.

The key is not to avoid the pit, but to embrace it. Every successful lawyer I know has

spent time there. Here’s how to navigate it productively:

1. Recognize that confusion is temporary and necessary for growth
2. Break complex tasks into smaller, manageable steps, and take breaks
3. Seek help from professors and peers (if permitted)
4. Review examples of good legal writing and other resources
5. Practice deliberately and repeatedly
6. Seek out feedback
7. Listen and apply the feedback
8. View mistakes as learning opportunities that are part of the learning process
9. Give yourself some grace as you learn a new skill
10. Reflect on your progress

As you apply these strategies, you may encounter setbacks, but you’ll gradually climb out of the pit. You’ll notice patterns in legal analysis, develop efficient research techniques, and write with greater clarity and confidence. The skills that once seemed foreign and out of reach will become more familiar and easier.

Remember: If you’re feeling challenged by legal writing, you’re exactly where you need to be. The Learning Pit isn’t an obstacle to success – it’s the path to becoming a skilled legal writer.