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ADVANCED LAWYERING SKILLS SEMINAR

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ADVANCED LAWYERING SKILLS SEMINAR Powered By Docstoc
					         TRIAL ADVOCACY: PRETRIAL LITIGATION
                  COURSE SYLLABUS

Instructors:
Judge Michael Algeo
50 Courthouse Square
Rockville, Maryland 20850
240-777-9360
malgeo@mcccourt.com

Judge Stephen Johnson
27 Courthouse Square
Rockville, Maryland
301-279-1400
Stephen.johnson@courts.state.md.us


Course Description:
This course focuses on developing essential written and oral pretrial civil litigation skills.
We will cover a number of writing and oral tasks many lawyers (and, in particular, many
junior lawyers) perform routinely including, among other things, drafting complaints,
answers, interrogatories, requests for production of documents, requests for admissions,
and motions for summary judgment. Students will also be required to keep a casefile for
work done during the semester. In class, students will have opportunities to conduct and
defend depositions of fact and expert witnesses, negotiate settlements, and present and
defend motions for summary judgment.

Required Texts & Reference Materials on Reserve in Library:
Required
 Tanford, The Pretrial Process, LexisNexis, 2003 and Document Supplement

Recommended
 Corr, A Student’s Guide to the Federal Rules of Civil Procedure, West, 2002

References on Reserve in Library
 Preparing for & Taking Depositions: The Right way and the Wrong way (The Giles
   Sutherland Rich American Inns of Court, 1994 [video])
 Preparing the Lay Witness for Deposition (National Institute for Trial Advocacy
   (NITA), 2002 [video])
 Winning at Deposition (NITA, 1998 [CD-ROM])
 Basic Negotiation (The Giles Sutherland Rich American Inns of Court, 1984 [video])
Grading:

The grading for this class will be as follows:

major writing assignment                                             35%
minor writing assignments                                            35%
in-class exercises, casefile maintenance and class participation     30%

The major writing assignment is a Motion for Summary Judgment (MSJ). The MSJ is
completed individually by each student and is worth 35% of your grade.

The minor writing assignments are every other writing assignment that you turn in.
Minor writing assignments include drafting a complaint, an answer, interrogatories,
requests for production of documents, requests for admissions, responses to
interrogatories, and responses to requests for admissions. Each minor writing assignment
has equal weight for grading purposes. Minor writing assignments are completed by each
team and are worth a total of 35% of your grade.

The final 30% of your grade is a combination of your contribution to class discussion,
contribution to in-class exercises such as depositions, and casefile maintenance. Your
attendance is vital to your participation grade. Any student who has more than two
unexcused absences from class will receive a zero for class participation. Any absence
excused or not, may hurt your class participation grade.


Course Outline:
January 12, 2009:      Introduction to course and file maintenance


January 19, 2009:      No Class


January 26, 2009:      Chapter 1 (pages 1-19), Introduction to Pretrial Litigation
                       Chapter 2 (pages 27-61), Interviewing


February 2, 2009:      IN-CLASS INTERVIEWS

                       Introduction to fact pattern and law.
                       McDonnell Douglas Corp. v. Green, 411 U.S.792 (1973)
                       Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
                       Burlington Indus. v. Ellerth, 524 U.S. 742 (1998)
                       Meritor Sav. Bank v. Vinson, 477 U.S. 57 (1986)

                       DISTRIBUTE CASE LIST
                       MAKE TEAM ASSIGNMENTS
February 9, 2009:    Chapter 3 (pages 63-122), Initiating Litigation
                     Applicable Federal Rules of Civil Procedure (FRCP):
                     3 (Commencement of Action), 4 (Summons), 4.1 (Service of Other
                     Process), 5 (Service and Filings of Pleadings and Other Papers), 9
                     (Pleading Special Manners), 10 (Form of Pleadings), 11 (Signing
                     and Sanctions), 12 (Defenses and Objections), 15 (Amended and
                     Supplemental Pleadings)


February 16, 2009: Chapter 4 (pages 125-139), Client Counseling
                   Chapter 5 (pages 141-170), Fact Development
                   Applicable FRCP: 6 (Time Computation), 7 (Pleadings Allowed),
                   7.1 (Disclosure Statement), 8 (General Rules of Pleadings), 26
                   (General Provisions Regarding Discovery; Duty of Disclosure)

                     COMPLAINT DUE FROM ALL TEAMS


February 23, 2009: Chapter 6 (pages 171-227), Written Discovery
                   Course Reader: Pages 29-54, Requests for Production of
                   Documents & Admissions; Pages 13-18, Counting Interrogatories
                   Applicable FRCP: 5 (Service and Filings of Pleadings and Other
                   Papers), 26 (General Provisions Regarding Discovery; Duty of
                   Disclosure), 33 (Interrogatories to Parties), 34 (Productions of
                   Documents and Things and Entry Upon Land for Inspection and
                   Other Purposes), 36 (Requests for Admissions), 37 (Failure to
                   Make or Cooperate in Discovery; Sanctions)

                     ANSWER DUE FROM ALL TEAMS


March 2, 2009:       Written Discovery (continued)

                     INTERROGATORIES DUE FROM ALL TEAMS


March 9, 2009:       No Class (Spring Break)



March 16, 2009:      Chapter 7 (pages 233-287), Depositions
                     Course Reader: Pages 55-72, Deposition Essentials, Techniques
                     and Winning Tactics
                     Applicable FRCP: 27 (Depositions Before Action or Pending
                     Appeal), 28 (Persons Before Whom Depositions May Be Taken),
                     29 (Stipulations Regarding Discovery Procedures), 30
                     (Depositions Upon Oral Examinations), 31 (Depositions Upon
                     Written Questions), 32 (Use of Depositions in Court Proceedings)
                  REQUESTS FOR DOCUMENTS AND ADMISSIONS DUE
                  FROM ALL TEAMS


March 23, 2009:   Discussion on Responses to Interrogatories & Requests for
                  Documents and Admissions

                  Chapter 8 (pages 289-328), Motions Practice
                  Applicable FRCP: 39 (Trial by Jury or by Court), 41 (Dismissal
                  of Actions), 42 (Consolidation; Separate Trials), 55 (Default), 56
                  (Summary Judgment), 65 (Injunctions), 72 (Magistrate Judges;
                  Pretrial Orders)


March 30, 2009:   IN-CLASS DEPOSITIONS


April 6, 2009:    IN-CLASS DEPOSITIONS


April 13, 2009:   IN-CLASS DEPOSITIONS


April 20, 2009:   IN-CLASS DEPOSITIONS

                  Course Reader: Pages 73-113, Oral Argument Preparation, Style
                  and Delivery

                  DISCUSS ORAL MOTIONS


April 27, 2009:   IN-CLASS ORAL MOTIONS

                  MSJs DUE FROM INDIVIDUAL STUDENTS

                  CASEFILES DUE FROM ALL TEAMS

				
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