Department of Clinical Legal Studies
Skills Courses
LAWS 683--APPELLATE ADVOCACY(3)
This course involves an intensive study of appellate litigation with a view to developing appellate practice skills, including formulation of strategies on appeal, use of the appellate record, brief writing, and oral advocacy. The course focuses on federal appellate practice, although state Supreme Court practice is also included. Emphasis is placed on individual learning and development through simulation and the critique of written and oral work. Appellate Advocacy is currently taught by an adjunct, Robert Bockman. Enrollment is limited to 16 students. Evidence is a prerequisite.
LAWS 681--CRIMINAL TRIAL PRACTICE (2)
Criminal Trial Practice is a trial advocacy course that focuses on the practical problems that arise in criminal cases. The subject matter includes criminal investigation, pleadings and motions practice, criminal evidence, preliminary hearings, appeals, jury selection, discovery, and trial practice. Students receive a Pass-Fail grade based on their performance in simulation exercises. The course is currently taught by an adjunct, John Delgado, who has almost 20 years of criminal trial experience as a public defender and private attorney. Enrollment is limited to 20 students. Prerequisites include Criminal Process and Evidence.
LAWS 771--INTERVIEWING, COUNSELING, AND NEGOTIATION (3)
Interviewing, Counseling, and Negotiation provides an introduction to these skills in a variety of legal contexts. The course is designed to provide basic professional skills instruction in a larger enrollment setting than traditionally has been possible. Emphasis is placed on helping students improve those skills which are essential to accomplish these tasks competently, particularly problem-solving skills. The methodologies employed include classroom discussions, out-of-class assignments involving written exercises, and self-critiqued student performances in lawyering roles. Students receive letter grades based on a final exam and term assignments.
LAWS 746--LAWYERING SKILLS AND ADVOCACY (3)
Lawyering Skills and Advocacy is taught by various members of the clinical faculty. At least one section is offered each semester. The course uses lecture, demonstration, and simulation to focus on the analysis and development of some basic skills involved in law practice. The course covers not only how to imple- ment these skills and their relationship to substantive and procedural law but also why certain techniques and methods are valuable in obtaining information, client decision making, settlement, and persuasion. Students participate in simulations in interviewing, counseling, negotiation, opening statements, closing arguments, direct and cross- examination, and the introduction of exhibits and receive constructive feedback on their performances. The trial advocacy portion of the course culminates in the students conducting a full jury trial. Lawyering Skills and Advocacy is a graded course. Students receive a letter grade based upon their performance in the simulations. Enrollment is limited to 16 students per section.
LAWS 538--LEGAL DRAFTING (3)
Legal Drafting is taught by Professor Thomas R. Haggard. Students learn the basic techniques of legal drafting--researching the document, finding the appropriate legal concepts to express the client's wishes, organizing the document, then writing the document. The students use these techniques to draft a variety of document types--including private law documents (contracts, releases, etc.), public law documents (statutes and regulations), and a few pleading documents. The primary focus is on form and style, rather than on the substantive content of the documents. The exercises and documents drafted during the semester are graded on a Pass Fail basis. The students, however, keep revising each exercise until their work meets the instructor's approval. Students receive a letter grade in the course based on a final drafting assignment. Enrollment is limited to 20 students.
LAWS 729--LEGISLATION (2)
Legislation is a course that is normally team taught by Professor Elizabeth Patterson and an adjunct who is actively involved in the legislative process. This course examines state legislative process through discussion of written materials, simulation of forms of legal advocacy involved in the legislative process (including drafting), and presentations by persons knowledgeable about legislation and the legislative process. Among the issues addressed are the nature and history of legislative power, legislative process, legislative advocacy, drafting, interpretation, and ethics regulation. A number of these issues are explored in the context of specific studies of recent legislative enactments. Students receive letter grades based on their performances in a series of oral and written exercises.
LAWS 753--PRETRIAL PRACTICE (3)
Pretrial Practice is offered in the fall and spring semesters. The objective of this course is to develop an analytical framework for converting legal theory into action at the pretrial stage. The course focuses on specific skills and techniques in interviewing, fact investigation, discovery, motion practice, counseling, and negotiation. These are considered both as individual skills and as they relate to each other and impact upon the overall development and implementation of a theory of the case. The course methodology includes readings, lectures, discussions, and demonstrations. The class is structured around a semester-long case simulation in which the students function as three-person law firms. Students also participate in out- of-class simulations that focus on various skills and receive constructive feedback on their performances. The course grade is based on the students' performance in simulations and class participation.
LAWS 635--TAX PROBLEMS (3)
Tax Problems is taught once a year by Professor Boyle. Student's tax-research and analytical skills are developed by drafting private letter ruling requests, tax court petitions, protest letters, and at least one major brief. Practical problems arising in a tax practice are presented in a realistic setting. Students receive letter grades based on their writing assignments and class participation. Federal Income Tax is a prerequisite. Corporate Tax and Estate and Gift Tax are recommended. Enrollment is limited to 15 students.
LAWS 679--TRIAL ADVOCACY (2)
Trial Advocacy is offered each semester and in several sections. The class is taught by full-time and adjunct faculty. It is intended to provide students with an in-depth consideration of the trial lawyer's skills, ranging from trial preparation to litigation strategy. Students perform in-class exercises on direct examination, cross examination, and other litigation-oriented skills and receive a critique from the faculty member. Enrollment is limited to 20 students per section. Evidence is a prerequisite.
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