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Legal Writing Manual 4th Edition: D2 - Introduction to Metacognition

Legal Writing Manual 4th Edition
D2 - Introduction to Metacognition
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table of contents
  1. Front Matter
  2. A1 - Sources of Law and Court Systems.docx
  3. A2 - Reading Cases
  4. A3 - Briefing Cases
  5. A4 - Briefing Cases Examples
  6. A5 - Legal Phrases
  7. A6 - Policy
  8. B1 - The Legal Reader Audience
  9. B2 - Rule Synthesis
  10. B3 - Rule Synthesis Examples
  11. B4 - Case Synthesis
  12. B5 - Case Synthesis Examples
  13. C1 - Prewriting
  14. C2 - CREAC Legal Writing Paradigm
  15. C3 - Legal Citation
  16. C4 - Local Rules and Standing Orders
  17. C5 - Predictive Writing
  18. C6 - Persuasive Writing
  19. C7 - Summary of Law Examples
  20. C8 - Parts of a Memorandum
  21. C9 - Memo Examples
  22. C10 - Parts of an Appellate Brief
  23. C11 - Brief Examples
  24. C12 - Transitions and Signposting
  25. C13 - Writing for Law School Exams
  26. C14 - Assessing Your Own Work
  27. C15 - Providing Feedback to Others
  28. D1 - Time Management
  29. D2 - Introduction to Metacognition
  30. D3 - Start to Study Skills

Introduction to Metacognition

Metacognition means to engage in the process of thinking about thinking, studying how you think and learn so that you can improve how you, well, think and learn. As you read that sentence, you might have thought, “I am already trying to learn all of this legal stuff, and I don’t have time to think about how I think.” You do have time to engage in this process. In fact, you will find that the more you think intentionally about how and why you study, and then make adjustments as needed, you will actually be more efficient and effective with your studying. 

Knowledge of cognition includes “strategic knowledge” (what you know about what kinds of study and learning strategies exist), “knowledge about cognitive tasks” (what you know about what kinds of strategies you will need to use based on what type of thinking and knowledge you are trying to accomplish), and “self-knowledge” (what you know about what you, specifically, are good at and what you need help with in terms of application of study strategies). Paul R. Pintrich, The Role of Metacognitive Knowledge in Learning, Teaching, and Assessing, 41 Theory into Prac. 219, 220-22 (2002).

For law students, metacognition “helps students…understand and monitor how they learn and then “control[] and adjust[ their] thinking for the purpose of learning” the knowledge and skills” to benefit them in their studies and “to pass the bar exam.” Carolyn V. Williams, Bracing for Impact: Revising Legal Writing Assessments Ahead of the Collision of Generative AI and the Nextgen Bar Exam, 28 Legal Writing: J. Legal Writing Inst. 1, 62–63 (2024) (citations omitted).

To dip your toes into how to get started with developing metacognitive skills, Susan Ambrose et al., How Learning Works: 7 Research-Based Principles for Smart Teaching, 193-200 (2010), provides a helpful five-step process that demonstrates how to use metacognition when you are working on a particular course assignment.

1. Assess the task

The first thing you should do before you begin any assignment is to be sure you understand what you are being asked to do. What is the reason you are reading these particular cases? What is the end goal of the written assignment you are producing? Being certain you understand what the goal is lets you decide from the beginning what strategies to use that will achieve better outcomes. If this is the first time you have encountered this particular type of assignment, or if you feel unsure you understand what that goal is, then you might want to ask someone to confirm you understand the expectations before you begin.

2. Evaluate strengths and weaknesses

Once you understand what you are trying to accomplish, the next step you need to take is to use your self-knowledge to assess what you can do well to complete the assignment and where you might need to provide yourself some extra support. Be warned that beginners in a subject often overestimate their abilities, so it will not hurt to provide more support strategies than you think you need.

3. Plan

Now that you know what you want to complete and how your strengths and weaknesses will help you reach that goal, it is time to put together a plan about how you are going to approach the task. What resources do you need? How many sessions will it take? How much time will you spend in each session? What types of learning strategies will you apply? If you are going to use spaced repetition, how are you going to make sure you take enough time “off” from the material before you return to it?

4. Apply strategies and monitor performance

Now, finally, you can begin working on your task. Use your plan that you have put into place that (a) ensures you do what is being asked of you while (b) considering your strengths and weaknesses and (c) implements appropriate strategies. As you work, you should check in with yourself along the way, assessing what you are learning or what you have accomplished.

5. Reflect and adjust if needed

In addition to quizzing yourself as you work about what content you are learning or whether you are getting to the end of the assignment, you should also be assessing if your plan that you are using is working well. If the plan is not working, then you should consider what additional strategies you can use or what strategies you can substitute in place of less effective strategies. 

If you are interested in learning more, check out the below resources to gain a deeper understanding:

  1. Ulrich Boser, Learn Better: Mastering the Skills for Success in Life, Business, and School, or, How to Become an Expert in Just About Anything (2017).
  2. Peter C. Brown et al., Make It Stick: The Science of Successful Learning (2014).
  3. Susan A. Ambrose et al., How Learning Works: 7 Research-Based Principles for Smart Teaching (2010).
  4. Patrick Cunningham, “Skillful Learning,” www.skillful-learning.org.

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