LAW 642LEC - Writing for the Trial Lawyer

This intensive course will provide students with the opportunity to develop the essential writing skills required for a successful trial lawyer. Throughout the semester, students will draft a variety of documents commonly used during litigation, including: 1. Pre-trial Briefs: Students will learn how to craft persuasive pre-trial briefs that effectively outline their legal arguments and case strategies. 2. Jury Instructions and Verdict Sheets: Students will draft clear and comprehensive jury instructions that accurately convey the applicable law as well as utilize those instructions as an advocacy tool. 3. Motions in Limine: Students will develop the skills necessary to research evidentiary issues and applicable case law, analyze the issue and likely responses, and write compelling motions to exclude or admit critical evidence at trial. 4. Settlement Memoranda: Students will learn how to write persuasive settlement memoranda that identify and advocate for favorable terms and conditions. 5. Bench Briefs: Students will learn how to effectively communicate with the judge by drafting comprehensive bench briefs on key legal issues in short order during trial. 6. Witness Examinations: Students will practice writing detailed outlines and questions for both direct and cross-examinations of witnesses. 7. Persuasive Storytelling through Juror Communications: Students will develop the skills to craft compelling narratives and juror-focused communications that resonate with the jury in opening statements and closing arguments, identifying the differences between bench trials and jury trials. In addition to these written assignments, the course will incorporate in-class writing exercises, group activities, and role-playing simulations to provide hands-on experience with the different aspects of trial lawyering. Students will also have the opportunity to make oral presentations based on the written work product to enhance their communication skills. This course is designed to build upon the foundational trial techniques, analysis of evidentiary issues, and related substantive areas of law covered in prior coursework, offering a more in-depth and concentrated focus on the writing and advocacy skills necessary for effective trial practice. Throughout the semester, students will organize and analyze complex fact patterns, develop case themes, and sharpen their skills in writing witness-examination and judge and juror communications. By the end of the course, students will be well-prepared to analyze a litigated case, prepare related written documents, and write effective documents that students will use in oral advocacy.

Credits: 3