• Pretrial Litigation Practice—Watkins
• Syllabus

Syllabus

PRETRIAL LITIGATION PRACTICE SYLLABUS SPRING 2007

Room 216, Houston Hall

Mondays: 05:30 P.M. — 08:00 P.M.

Professor Inga A. Watkins Office Hours by Appointment Only Telephone: (202) 431-2512 (cell) (703) 549-7211 (office) E-mail: iwatkins@bynumandjenkinslaw.com ingawatkins@cs.com

This is a three-hour semester long skills course which consists of a comprehensive study of pre-trial skills that a lawyer must master for a successful civil litigation practice. Students will study initiation of the attorney-client relationship, factual investigation, litigation planning, case theory and theme development, discovery strategies and devices, ADR options and negotiation of settlements, motions practice and pre-trial court procedures. Students will also consider the ethical concerns that arise in connection with the pre-trial practices studied. The course format will include readings, class discussion, role-play and simulation exercises and oral and written assignments based on local and federal law.

REQUIRED READINGS AND COURSE MATERIAL

REQUIRED TEXTS:

R. LAWRENCE DESSEM, PRETRIAL LITIGATION (3d ed. 1996).

In addition to the required text and recommended reading, there will be other supplemental readings required or recommended from time to time as announced in class or on TWEN. Assigned supplemental reading material that is not in texts will be distributed in class or available on TWEN as announced.

TWEN (WESTLAW)

All students will be expected to have registered with TWEN by January 16, 2007. This medium will be used to distribute course material, class assignments and supplemental readings, to make announcements, to ask questions of the professor, to engage in class discussion, to communicate by e-mail and for other purposes during the semester. Students are required to regularly check for new postings on TWEN between classes in addition to after receiving notification at their registered e-mail address that new material has been posted. Students are responsible for ensuring that they have a valid and current e-mail address registered with WESTLAW.

OUTLINE OF TOPICS AND READINGS

FIRST CLASS 1/8/07

OVERVIEW OF COURSE DISSEM: 10-47
PURPOSES OF PRETRIAL PRACTICES
AND INTERVIEWING CLIENTS

In-class client interview exercise

SECOND CLASS 1/22/07

LITIGATION PLANNING AND INVESTIGATION DISSEM: 54-102
LEGAL RESEARCH, CASE THEORY AND THEME
DEVELOPMENT

In- class witness interview role-play exercise

THIRD CLASS 1/29/06

DRAFTING PRELIMINARY PLEADINGS DISSEM: 104-171
AND THE COMPLAINT

FOURTH CLASS 2/5/07

DRAFTING RESPONSIVE PLEADINGS, DISSEM: 175-206 COUNTER-CLAIMS, CROSS-CLAIMS

FIFTH CLASS 2/12/07

SCOPE OF DISCOVERY DISSEM: 222-287 DISCOVERY LIMITATIONS/PRIVILEGES EXPERT DISCOVERY DISCOVERY CONFERENCES, PLANNING AND SUPPLEMENTATION

In-class discovery role- play exercise

SIXTH CLASS 2/26/07

DRAFTING AND RESPONDING TO INTERROGATORIES, DISSEM: 290-324, 368-404 REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUESTS FOR ADMISSIONS, PHYSICAL AND
MENTAL EXAMINATIONS

SEVENTH CLASS 3/5/07

DEPOSITIONS- PLANNING DISSEM: 325-365 AND PROBLEMS

View deposition in class

EIGHTH CLASS 3/19/07

ENFORCING DISCOVERY DISSEM: 406-433 SEEKING PROTECTION FROM DISCOVERY AND OTHER
DISCOVERY STRATEGY

NINTH CLASS 3/26/07 Prepare for deposition simulation

DEPOSITION SIMULATION

Firms Take and Defend Depositions In-Class

TENTH CLASS 4/2/07

ADR OPTIONS AND SETTLEMENT DISSEM: 533-570, 591-623 NEGOTIATIONS

In- Class Demonstration/Exercise

ELEVENTH CLASS 4/9/07

PRETRIAL MOTIONS STRATEGY DISSEM: 442-443, 445-454, 474-497 MOTIONS FOR SUMMARY JUDGMENT
MOTIONS IN LIMINE AND OTHER MOTIONS

In-class Exercise

TWELFTH CLASS 4/16/07

Pretrial Statements, Pretrial conferences, DISSEM: 500-531 Orders Wrap-Up

In-Class Pretrial Conference Role-play

GENERAL CLASS REQUIREMENTS

Class Expectations

Associates will be expected to complete readings assigned for class discussion before class, actively participate in class discussions, fully contribute to and take personal responsibility for the completion of firm assignments which include the preparation of pre-trial documents, pleadings and engagement in written and oral discovery (including a videotaped deposition), conduct self in a professional manner in class and in interaction with other Associates, and write a substantive motion and memorandum of law independently. The Professor reserves the right to give additional assignments and to collect outlines and firm work product reflecting preparation for class.

Law Firm Assignments

The class will be divided into law firms to represent the parties. Firm Associates and clients will be assigned by the Professor.

Associates’ Responsibilities

Associates will prepare, file with Professor (the court clerk and judge in Room 308, Houston Hall), and serve opposing counsel with all written assignments as a team, with the exception of the initial draft of the litigation plan and individual Motion. EXCEPT FOR RESEARCHING AND WRITING the final individual MOTION, Associates will collaborate with members of their law firm in all pretrial litigation activities (i.e. research, investigating facts, planning litigation strategy and preparing for class simulation exercises, discovery and team motions, ect.).

The Professor reserves the right to reduce any Associate’s grade if that Associate does not fulfill his or her obligations to the law firm. The grade reduction will reflect the Associate’s level of uncooperativeness as determined by the Professor in her sole discretion. Teamwork is an essential lawyering skill that will be given considerable weight in this course.

Service of and Filing of Pleadings and Discovery Documents

Firms must serve a designated representative of the opposing firm with all documents filed with the court. The name of the designated representative must be submitted to the Professor at the time of the first due date for filing of a pleading or discovery document. Unless otherwise agreed in writing prior to the service date, service must be made in person. The opponent receiving the copy should log the time and date on the document. Firms must file documents with the court by delivering the document to Room 308 of Houston Hall on or before 5:00 P.M. on the date that the assignment is due and sending an e-mail copy to the Professor on or before submission to Room 308. The e-mail copy will not serve as a substitute for the copy required to be filed in Room 308. No documents will be accepted by the Professor before, during or after the class session, unless you are instructed in writing to do so.

Have the document that you turn in date and time-stamped by on one of the administrative staff in Room 308. You are not to date/time-stamp the document yourself. You should maintain at least one copy for your records and have the file copy date/time stamped as well. Make certain that the pages are numbered and that your name is on the first page of the document that you turn in.

Without exception, all written assignments will be due on the dates specified. Untimely filing or service will cause a delay in your firm members or opponents’ ability to fulfill their obligations. Thus, untimely submissions of assignments and filings will result in a reduction of points as determined in the sole discretion of the Professor.

All Associates in a law firm are equally responsible for completion of team assignments, compliance with rules of procedure and timely filing and service. All Associates will receive the same grade for team assignments. Motions will be graded separately. NO COLLABORATION IS PERMITTED ON ANY WORK ASSOCIATED WITH THE FINAL MOTION.

All written assignments will be evaluated based upon proper format, quality of writing, knowledge of applicable law, adherence to rules of procedure (particularly discovery rules), the appropriateness of discovery requests or responses, spelling, bluebook citations, grammar, and any other criteria that may be noted in specific instructions. Points indicated on the syllabus represent the maximum number of points an Associate may receive for completion of any assignment.

The governing rules for the class are the Rules of Civil Procedure for the United States District Court for the District of Columbia, unless otherwise indicated.

Attendance

A student may not be absent from class more than twenty-five percent of the regularly scheduled class hours for this course. Students who do not remain in class for the entire period and who come to class after 5:45 p.m. will be considered absent, unless with special permission obtained in advance of class from the Professor for good cause shown.

In-Class Role-play/ Exercises

When there is an in-class role-play or exercise, everyone is expected to come to class prepared to perform the role-play or exercise in question. If materials are distributed in advance, preparation to participate in a role-play or exercise means that each Associate will have prepared a written outline of how they plan to proceed with the exercise in all roles, including, that of lawyer, client, witness, neutral or other roles, as applicable. If no materials are distributed in advance, each Associate shall outline how they would proceed to execute the particular pre-trial task constituting the subject of the role-play or exercise. Associates from the same firm may collaborate and prepare a joint outline for the exercise, but each Associate is responsible individually for having the outline in class with them on the day of the role-play or exercise. All Associates or only some Associates may be called upon to perform a role-play or exercise in front of the class in any given class session, but all students will have an opportunity to participate in a role-play and to perform an exercise in front of the class at some point during the semester. You may not know who will be called upon to participate in the exercise in class until the day of the assigned exercise. The Professor reserves the right to collect outlines of all Associates/teams, including those who are not called upon to actually perform in class. Failure to have the outline class on the day of the assignment when requested by the Professor will result in 2 negative points in the area of class participation in the final course grade. Outlines will not be graded as written assignments, unless specified by the Professor. Associates who do not perform in class are asked to carefully observe the in-class exercise performed by other students because they will be asked to actively participate in post-exercise feedback. Performance of the exercises and post-exercise feedback will be graded as class participation.

Required Certification by All Firm Associates on Team Assignments

In addition to compliance with the applicable Rules of Procedure for filing of pleadings and discovery, all team assignments prepared by Associates as a team for their firm must have the following certification signed by each and every Associate on the team. Failure by any team member to submit the required certification at the time of submission of the document will result in the imposition of two penalty points against all Associates on the team and a failing grade for the Associate that did not sign the certificate on the presumption that the student who did not sign the Certificate did not participate in the assignment. Inability to certify that you are satisfied with your team member’s contribution will be investigated on a case by case basis by the Professor and dealt with accordingly.

Form for Required Certification

CERTIFICATION OF PARTICIPATION

I am satisfied that I have made the agreed-upon contribution to the production of this work-product, and I am satisfied that the other Associates in my firm on my team have also made the agreed-upon contribution to the production of this work-product. I have signed this certification in good faith and without reservation or intent to deceive.
Signature: ______________________________
Student Name (type or print)

Due Dates for Written Assignments

All Assignment Instructions and any change in due dates will be posted on TWEN. All assignments are firm assignments except as indicated. Other non-written assignments and exercises will be as assigned on TWEN or indicated on Syllabus.

Due Date: Assignment

1/22/07 Prepare Individual Draft Litigation Plan

1/29/07 Draft Complaint/Outline of Defenses Finalize Litigation Plan with firm

2/26/07 Draft Interrogatories, Request for Production of Documents and Request for Admissions

3/5/07 Draft Objections to Interrogatories and Request for Documents and Responses
to Request for Admissions

4/2/07 Prepare Evaluation of Depositions
4/9/07 Prepare Settlement Statement Topic outline for final Motion

4/16/06 Prepare Pretrial Statement

4/23/07 Prepare Motion, Memorandum of Points and Authorities and Order (Individual)

Grading

The end of the course grade will be based on four elements:

A. 6 written team assignments completed during the semester. All Associates working for the same firm will receive the same grade for the firm team assignment except in the case of the litigation plan and under special circumstances as set forth elsewhere in this Syllabus. 30 points

-Litigation Plan ( individual draft and final firm submission)

-Complaint/Outline of Defenses

-Interrogatories/Request for Production of Documents/Request for Admissions

-Objections to Discovery

-Settlement Statement

-Pretrial Statement

B. Deposition (Take/Defend/Evaluation Memo) 25 points

C. Class Participation 20 points

-Completion of required and recommended readings

-Preparation for and participation in class role-play/exercises and debriefing

-Participation in class discussion

-Cooperation, initiative and contribution to firm team assignments

-Professionalism, including, but not limited to, professional demeanor and compliance with Model Rules of Professional Responsibility and Model Rules of Professional Conduct exhibited during class sessions, in connection with the completion of assignments and in interaction with members of law firm, opposing counsel and colleagues in connection with completion of assignments and conduct of litigation.

D. Individual Motion, Memorandum of Points and Authorities and Proposed Order (10 page minimum, including Motion, Memorandum and Order) 25 points