Electives: Litigation
III. Elective Curriculum by Practice Area
A. Litigation
Litigation is the process of resolving legal disputes in various contexts and forums. Parties to a dispute formally and informally gather information and usually attempt to resolve the dispute through informal negotiation or structured mediation. When settlement efforts fail, the dispute is resolved in a formal setting with a decision maker deciding the facts and applying the law. Litigation takes place in civil and criminal matters; the ultimate forum for resolution varies, and includes trials before judges, juries, administrative panels and arbitrators.
Students who wish to become litigators should understand that the vast majority of litigated matters never reach the trial stage. The facts of the dispute are developed through the process of discovery, the law applicable to the case is considered, and the parties usually negotiate a settlement or plea agreement. Lawyers who consistently excel in the litigation process tend to have the following skills and talents:- They are able to analyze a set of facts and determine the controversy. Litigators understand how to evaluate a case when they first become involved in order to figure out what will be needed to prevail. They can evaluate their clients, assess the applicable law, and develop and implement a strategic plan on how to end up in the best possible situation.
- They can capably interview clients and develop trust and rapport. Litigators learn how to listen, how to gently extract information, and how to develop a mutual sense of loyalty and respect. They are able to counsel clients effectively. They learn to help clients identify realistic goals and can effectively communicate advice clients do not want to hear.
- They are able to skillfully interview witnesses in both informal and formal settings. Litigators know when and how to have informal conversations, how to take witness statements, and how to take depositions. They understand the evidentiary implications of the choices they make.
- They have strong writing skills. Litigators are advocates who learn how to write clearly and persuasively. Litigators write letters, pleadings, briefs, etc. If their writing skills are not strong, they substantially decrease the chance of a positive outcome for their clients.
- They have a firm grasp of the rules that control the litigation process. Litigators are governed by a variety of procedural rules, including the rules of evidence, criminal procedure, and civil procedure. There are jurisdictional statutes, procedural statutes, and a host of local rules for various courts. The rules must be mastered in order to maximize control over the litigation process.
- They must understand the principles and techniques of negotiation. Skillful negotiation is critical to a successful practice.
- They must be able to competently try a case. This skill is necessary for two reasons. First, in order to maximize the opportunity for a favorable settlement, the opposition must know that the litigator can and will try the case, if necessary. Secondly, even when the litigator does everything correctly in the pretrial/negotiation phase, some cases do not settle.
Essential Courses
- Evidence: F, S
- Trial Advocacy: F, S
- Business Associations (essential for civil and white-collar crime practitioners): F, S
- Also See “Criminal Justice” for Essential courses for criminal litigation
Recommended Courses
- Federal Courts (For those involved in civil rights or constitutional litigation): F
- Remedies:,S
- Litigation is skills-based. However, a good grounding in one or more substantive fields is also important. The following recommendations assume you will add courses from your substantive field to your plan.
- Pretrial Practice (Civil): F
- Negotiation: S
- Consumer and Commercial Law Clinic: F, S, Summer
- Criminal Practice Clinic: F, S, Summer
- Litigation Externship F, S
- Advanced Trial Advocacy: S
- Expert Witnesses and Scientific Evidence: F
- Criminal Practice Clinic or Consumer and Commercial Law Clinic: F, S, Summer
- Court Externship: F, S
- IP Litigation (for IP litigators): S
- Advanced Appellate Advocacy: F
- Judicial Opinion Drafting: S
- Appellate Defender Clinic: F, S, Summer
- Fundamentals of Law Practice (can only be taken in first year): S
- Pretrial Practice: F
- Also see “Qualifying Writing Courses”
- Live-Client Clinic: F, S, Summer
- Client-Contact Externship: F, S
- Dispute Resolution: F
- Law Office Management: S
- Any of the recommended skills courses above, plus:
- Employment Law (relevant to civil, business or civil rights litigation): S
- Conflicts (commercial practice) F
- Arbitration Law S
- Criminal Procedure II (criminal practice) (Spring – odd years)
- Ethics, Morals and Law (any litigation practice): S
- Civil Rights Litigation: next offered, F “09
(All Recommended Courses are skills courses.)
Related Upper-Level Writing Courses
- Advanced Appellate Advocacy: F
- Appellate Defender Clinic: F, S, Summer
- Ethics, Morals and the Law: F
- Judicial Opinion Drafting: S
- Pretrial Practice: F
