Litigation Skills Courses

ADVANCED TRIAL ADVOCACY. 3 Credits. Prerequisite: Criminal or Civil Trial Advocacy.

A new class has just been created for the 2002 Spring Semester. The focus of this course is on persuasion and methods for causing a judge or jury to view evidence from a litigant's perspective. Emphasis will be placed on developing a persuasive theory of the case, constructing opening statements and closing arguments to present the case theory, presenting expert testimony, and planning the presentation of evidence so as maximize its effectiveness.

This course will be taught by new Blakely Advocacy Institute Director Peter Hoffman and is offered on Mondays from 2:30-5:30.

Appellate Advocacy:  3 Credits.

Advanced research, writing and oral advocacy are the goals of this course. Students have the opportunity to advance their research and writing skills under the tutelage of some of the finest appellate lawyers and judges in this state. This program has been instrumental in developing an interscholastic moot court program that has produced many national championship teams during the past six years. Additionally, many appellate judges have noticed the enhanced quality of law clerks that participated in the Appellate Advocacy Program.

Attorney Communication & Persuasion Techniques: 2 Credits.

Without question, communication is at the very heart of what we do as lawyers. Knowing how to establish rapport, ask the right questions and present compelling arguments is as important to the transactional lawyer as it is to the litigator.

This courses, formerly known as Psychology of Communication, helps students become more effective, precise, clear, credible, and persuasive. The course teaches students about the psychological underpinnings of the communication process, how people process information and how to communicate more clearly, powerfully and persuasively.

The theoretical orientation of the content material is taken mostly from the science of Neuro-Linguistic Programming (NLP). NLP is a practical system that combines effective communications with human psychology. It is the leading edge of communication skills training throughout industry, among professions, and within education. NLP as applied to lawyering is best described in the textbook for the course: The Winning Edge: Effective Communication and Persuasion Techniques for Lawyers, Richard H. Lucas & K. Byron McCoy (Wiley Law Publications, 1993).

Legal Negotiation:  3 Credits.

The skill of negotiating is required in all areas and all phases of legal practice. The purpose of the negotiation seminar can be described in terms of providing participants with a theoretical framework and practical tools for resolving issues on favorable terms while maintaining or enhancing relationships. The objectives for the course are to help participants better understand the significance of process in negotiation, the importance of preparation in achieving objectives, and the value of adherence to fundamental principles; to provide participants with practical tools to prepare more effectively, to organize thinking to help make critical decisions, to adopt and implement effective negotiation strategies, and to learn from future negotiations; and to help participants improve negotiation skills.

Practice Management:  1 Credit.

The course will cover a variety of practice issues (e.g. marketing, strategic planning, partner compensation issues, relative advantages of partnerships vs. corporations, and office and personnel management issues). Grading will be based on a paper. There will be no final. Note: This course is not offered for the Spring 2002 Semester.

Pre-trial Litigation:  3 Credits.

This course stresses pretrial rules and practice in civil cases. The objectives include educating students about what they will actually do as lawyers with an emphasis on strategy and methods. The course is taught experientially with an emphasis on thinking, writing, oral advocacy and judgment.

During this course, each student will be assigned to either a plaintiff's firm or a defense firm. The students will then take one civil matter up from the time of the underlying occurrence and prepare the case for trial. Students will interview their clients and reach contractual agreements for legal representation. Students will investigate the law and the facts of the matter, including the interview of potential witnesses and experts. Students will draft appropriate pleadings including at least the following: 1) Petition or Answer; 2) Interrogatories; 3) Request for Production; 4) Request for Admissions; 5) appropriate motions such as Plea in Abatement, Special Exceptions, Motion to Compel, Motion for Protective Order, Motion to Quash, and/or Motion for Sanctions; 6) Notices of Deposition; and 7) Dispositive Motions. Students will conduct depositions of fact and expert witnesses, and will argue for and/or against motions filed in the case. Students will prepare a client file and a trial notebook, both of which will be turned in at the end of the semester.

Trial Advocacy (Civil and Criminal): 3 Credits. Prerequisite: Evidence.

The trial advocacy courses are the foundation of litigation training and are essential to the understanding of the legal process. We offer both civil and criminal trial advocacy courses because the substantive, evidentiary and procedural laws are different for each. Indeed, except for the desire to win, even strategy differs between criminal and civil cases.

In addition to refreshing and refining their knowledge of evidence and procedure, students are taught to think by formulating a case theory, theme and strategy; to communicate more effectively by designing and orally presenting opening statements, closing arguments, direct and cross of fact and expert witnesses, voir dire, evidentiary objections and responses, and all other aspects of actually trying a case before court and jury. The skills they learn are utilized in all phases of practice from client interviewing to appellate review. It has been said that graduates of this program are becoming increasingly sought after by law firms because they realize that this training advances them beyond the training of the usual beginning attorney.

Final Trials

The civil and criminal advocacy courses end with a mock trial, which is historically held at the Harris County Civil Courthouse. The realistic setting, presiding judge and jury provide an environment that enhances the experience dramatically. Many students indicate the final trials, with an opportunity to listen to and watch the jury deliberate, are one of the most important learning opportunities of the course.

University of Houston Law Center
Litigation Skills Program
100 Law Center
Houston, Texas 77204-6060
(713) 743-2065
litigationskills@uh.edu