S. Thinking Like a Litigator

This course focuses on litigation strategy. (The course does NOT teach trial advocacy skills.)

We will work with a dozen hypothetical cases, often using actors to bring the cases to life. Students will assess the strengths and weaknesses of each case, identify possible outcomes, define what a "win" would be, and try to develop "winning" strategies and themes that can be applied to pleadings, motion practice, discovery, experts, settlement and trial. No text is used and no reading is required other than the case materials.

Students will actually do some of the things that litigators do day-to-day, such as reporting to more senior lawyers, advising clients, drafting pleadings, planning discovery, arguing discovery motions, taking (very short) depositions, evaluating experts and settling claims. Every student will "perform" about five times. No legal research will be required, although students will have to take into account the relevant substantive law (mostly contract and tort).

Students are expected to attend and actively participate in all class sessions. Every week, students will submit a very short comment about newly introduced cases. Students will also write five short papers. In lieu of a final exam, students will write a long paper about a hypothetical case. Grades are based on (1) class participation, (2) the weekly comments, (3) the five short papers, and (4) the take-home final exam/paper.