Course Page for Spring 2017 - Edwards, Timothy
This three credit seminar teaches the important skills that lawyers use up until the time of trial. Since the vast majority of cases settle before trial, a lawyer's success has at least as much to do with mastery of the nuts and bolts of pre-trial advocacy as courtroom prowess. The seminar will use a simulation approach to cover skills that include:
* Interviewing and counseling clients.
* Drafting a complaint.
* Drafting interrogatories and responses to interrogatories.
* Taking and defending depositions.
* Drafting a pre-trial memorandum.
* Participating in a mediation conference.
Students will receive immediate feedback from the instructors on the in-class simulations. The seminar is limited to approx 36 students. Second and third year students are eligible. This course is being offered on a pass/fail basis.
Expectations and Goals
By the end of this course, students should:
* Acquire a deeper understanding of how the Federal Rules of Civil Procedure work from a strategic perspective in the context of actual litigation;
* Develop negotiation skills in the “meet and confer” context;
* Begin developing the ability to exercise judgment, based on acquired knowledge, in hypothetical situations that mirror real life litigation;
* Understand the process of litigation from filing to final judgment in a strategic and professional manner;
* Develop the ability to identify client objectives and craft litigation strategy; and,
* Learn to appreciate a lawyer’s role in civil litigation, including the use of procedural tools such as discovery and motions, as well as how to conduct oneself consistent with the standards of professional conduct.
Recent Offerings of this course by this instructor
Course Page for Spring 2017 - Grimmer, Kim
Pretrial Advocacy – Business Litigation Focus
About This Course:
There are no books. All the materials will be downloadable from Learn@UW/D2L as .pdf and .doc files.
Because of the paucity of civil trials, this course will deal with issues, both procedural and substantive, encountered in preparing litigation for the potential of a trial. We will progress over the semester through exercises that mirror, step-by-step, the typical progression of a lawsuit from its commencement to pre-trial resolution. We will address landmines to be encountered along that progression.
The goal of the instructors is to have every student complete the course:
(a) knowledgeable as to how federal and state civil cases are regulated by statutes, rules, case law and judges;
(b) knowledgeable as to how to prepare a case for summary disposition, effective mediation or trial; and,
(c) confident that if they encounter difficulties in future lawsuits they can draw on a solid framework from this course to try and find answers to resolve their problems.
Since this course is intended to have a business litigation emphasis, we will spend time on readings, cases and simulation exercises addressing two case studies that will introduce you to areas of substantive law often presented by business litigation. These will include:
1. The Wisconsin Fair Dealership Law, Chap. 135;
2. Tortious interference with contract;
3. The business judgment rule;
4. Breach of fiduciary duty;
5. Misrepresentation law, including claims under Wis. Stats. §100.18;
6. Breach of the implied duty of good faith and fair dealing;
7. The economic loss doctrine; and,
8. Derivative actions.
Who Might Want to Take This Course:
The course is not just for aspiring civil litigators. It is also for students planning to do transactional, corporate, trusts and estates, or securities work, whose clients might encounter litigation problems. The course will provide those students: (a) a better understanding of the risks and rewards of litigation so they can better advise business clients, (b) a better ability to collaborate with litigation colleagues, and (c) a better understanding of how to avoid risks of litigation through creative drafting of contracts.
Assignments and Grading:
The course will be graded on a Mandatory Pass-Fail basis. Over its fifteen weeks this simulation course will have:
(a) seven homework exercises (drafting pleadings) done in teams of two colleagues;
(b) two more heavily weighted writing assignments (a research memo and a summary judgment brief) also done in teams of two; and,
(c) four in-class demonstration exercises (conducting a scheduling conference, taking a deposition, arguing a motion for temporary injunction and representing a client at a mediation session mediated by two of Dane County’s premier mediators).
A comprehensive syllabus will be available the first night of class.
Active class participation will also be a component of the student’s grade.
After you and a colleague draft a pleading, template pleadings of the same type will be posted to D2L in case you want to start compiling a form file.
The Principle of Charity will apply to classroom discussions among all participants, including instructors. See, e.g.,
Kim Grimmer, Grimmer Law, Madison
Kim Grimmer has a BS (1970) from Northwestern, and a JD (1977, Coif) from UW - Madison. Between schools he was the gunnery officer on a Navy ship in Japan and Vietnam. Following graduation from UW Law School, Kim practiced with Ross & Stevens, S.C., Solheim Billing & Grimmer, S.C, and Grimmer Law Office, LLC, all in Madison. He has an “AV-Preeminent” rating by Martindale, and has been for many years selected a Wisconsin “Super Lawyer” by his peers. He has taught pre-trial advocacy, trial advocacy and civil procedure II at the UW Law School.
Ward Richter, Bell Moore & Richter, SC, Madison
Ward Richter has a BA (1969) and a JD (1973) from UW- Madison. After graduating from law school, Ward clerked for Bruce R. Thompson, US District Judge for the District of Nevada, 1973-74. Ward has been practicing with Bell, Moore & Richter since 1974. He was one of ten lawyers, five plaintiffs attorneys and five defense attorneys, selected as the charter members of the Wisconsin Chapter of the American Board of Trial Advocates. He served as president of the Wisconsin Chapter. Ward has tried over 200 cases to jury verdicts. He is a Wisconsin Super Lawyer and has an AV-Preeminent rating from Martindale. He has taught pre-trial advocacy at the UW Law School.
Ted Waskowski, Stafford Rosenbaum, LLP, Madison
Ted Waskowski graduated in 1972 from Northwestern where he was an English major and varsity baseball player. He taught school for five years in northern Wisconsin before graduating, Order of the Coif, from UW Law School in 1980. He joined the Stafford Rosenbaum firm in Madison after graduation. He currently serves as the chair of Stafford's litigation group. Ted has represented dozens of Wisconsin municipalities in hundreds of litigated matters in the past 30 years. Ted is AV rated by Martindale and has been elected by his peers as a Wisconsin Super Lawyer for many years. He has taught trial advocacy at UW Law School.