LAW 6912 - Lawyering Skills: Litigation III

Lawyers "litigate" cases, but what does litigation entail?  As every law student has learned, civil litigation starts with the filing of the complaint and can end in a variety of ways, including by a settlement, dispositive ruling on a motion for summary judgment, or a jury verdict after trial.  In order to arrive at any resolution however, the parties and their counsel must engage in discovery which is the fact gathering phase of the case.  In this course, we will explore the various discovery "tools" available under the federal rules that parties must or may employ to request and obtain relevant information necessary to prosecute or defend the case on behalf of their client.  We will focus on the broad stages of discovery, the difference between court mandated discovery versus party driven discovery, and the practical nuts and bolts of drafting discovery.  Throughout this discussion, we will consider the forethought and strategic thinking necessary to effectively use the discovery tools, including which tools to use and when to use them.  While this weekend will focus on civil discovery under the federal rules, the same thought process and practical skills will apply to civil discovery practice in state courts.
Units: 1
Grading: Pass/Fail