Effective Trial Advocacy 1300-ETA-KPP

Special note – this is a participatory course – I encourage interaction among my students and with me during my lectures. Please ask questions!

Date: Lecture Topic:

Monday 10/29 Introduction: “Great Trial Lawyers are Made, Not Born.” Students: Please review the Code of Ethics for Attorneys at Law in the CCP. And please read “Ethics and the Practice of Law as a Trial Lawyer” by Mart R. Vogel: see link below:

https://www.ndcourts.gov/court/news/mart/vogelprof.htm

Tuesday 10/30 “How Good Lawyers Behave.” Ethics, Courtesy, Professionalism for Attorneys at Law and Advocates. Students: Please review Eggan Case Problem 1 for Monday’s lecture.

Wednesday 10/31 “How to ‘Appear’ in Court” AND: Discussion of “Theme.” Why is Theme Important? How to Develop a Theme.

November 1 through 4 Holiday – Enjoy.

Monday 11/5 “Planning the Trial” Preparing Your Case, Preparing Your Client, Preparing Your Witnesses and Preparing Yourself for Trial.

Tuesday 11/6 “How do I Begin?” and “How do I Finish?” Techniques for Effective Opening Statements and Closing Arguments.

Wednesday 11/7 “What do I ask – And How do I ask it?” Techniques for Effective Direct and Cross Examination of Witnesses.

Thursday 11/8 Direct and Cross Examination Continued – Handling an Expert Witness. “The Strategic Advocate.” The importance of developing a trial strategy. Use of Exhibits at Trial.

Friday 11/9 Trial vs Mediation/Arbitration? Use of Exhibits at Trial and In Mediation/Arbitration. – Distribute Take Home Exam to Students.

Weekend: 11/10 and 11/11 No Class - Enjoy.

Monday 11/12 Return Take Home Exam to Professor Eggan