Washington University School of Law Trial and Advocacy Program 1 2015 WASHINGTON UNIVERSITY SCHOOL OF LAW Trial and Advocacy Program Negotiation and Dispute

Washington University School of Law Trial and Advocacy Program1

2015

WASHINGTON UNIVERSITY

SCHOOL OF LAW

Trial and Advocacy Program

Negotiation and Dispute Resolution Program

Lawyering Skills Competitions


Trial and Advocacy Program

National Appellate Advocacy

Jessup International

InternationalStudent Trial

Advocacy

Saul Lefkowitz (Trademark

Law)

Giles Sutherland Rich

(Patent Law)

Trial Team Negotiation

Mediation

NationalEnvironmental

Moot Court

Wiley Rutledge

IntellectualProperty (IP)

InternationalEnvironmentalSupreme Court

TrialAdvocacy

ADR Program

Inter-School

Intra-School *

Moot Court

* WULAW’s intra-school competitions (Wiley Rutledge Moot Court, Environmental Law Moot Court,Client Counseling and Negotiation) are administered by student run boards.

1L Client Counseling

1L Negotiation

National Civil Rights

InternationalCriminal Court


Wiley Rutledge Moot Court Competition

Intra-School Moot Court Competitions


Wiley Rutledge Moot Court Competition

Description: The oldest and largest moot court at the School of Law, The Wiley Rutledge Moot Court Competition began at the law school in 1867. It is named in honor of Justice Wiley B. Rutledge of the U.S. Supreme Court, a former dean of the law school. This competition, open to all second and third year law students during the Fall semester, focuses on federal law.

Prior to the competition, students learn effective brief writing and oral advocacy skills through seminars led by faculty.

For the competition, students work in teams, with each team ultimately writing a brief and delivering appellate arguments before panels of lawyers and judges. Judges for the final round are usually federal judges from various circuits in the country.

Number of Students: Up to 96 students participate each year, in teams of two.

Team Selection: Students select their partner. In order to participate in the Wiley Rutledge Moot Court competition, students must register for the competition in the spring.

Recommended Preparation: Appellate brief writing skills, past experience with advocacy or public speaking.

Practice Schedule:Up to each team.

Competition Schedule:Two preliminary rounds take place in November. Three other rounds take place after preliminaries.

Credits Earned:1 credit, posted in the Fall.

Skills Developed:Oral and written advocacy, research, editing. The team researches two legal issues and writes one 30 page brief of passable quality.

Honors:In 2007, John R. Roberts, Chief Justice of the United States Supreme Court, judged the competition’s final round.

Contacts: Richard Finneran, [email protected]


Inter-School Moot Court Teams

National Appellate Advocacy Moot Court TeamNational Civil Rights Moot Court TeamNational Environmental Moot Court TeamPhillip C. Jessup International Law Moot Court TeamInternational Criminal Court Moot Court TeamGiles Sutherland Rich Memorial IP Moot Court CompetitionSaul Lefkowitz National Trademark Law Moot Court Team


National Appellate Advocacy Moot Court Team

Description: The National Appellate Advocacy Moot Court team represents the law school at the American Bar Association (ABA) National Appellate Advocacy Competition, which simulates an argument before the United States Supreme Court. Each team writes a brief on behalf of the Petitioner or Respondent and represents both the Petitioner and Respondent at oral argument.

Number of Students: 6. There are two teams of 3 students (1 alternate).

Team Selection: Applications are due during the first week of school in the Fall semester. Tryouts are scheduled in early September . The team is selected by a panel, including the coaches, annually through an audition process early in the Fall semester that is open to second and third year students.

Recommended Preparation: Performance in the Wiley Rutledge Moot Court Competition, grades, writing skills, journal membership, past experience with advocacy or public speaking.

Practice Schedule:Brief writing occurs over winter break and continues into the first week of January classes. Oral argument practices follow, typically 90 minutes at a time, 2-3 times a week.

Competition Schedule:The team attends one regional competition, which will occur at the end of February or early March. If a sub-team is successful in winning the regional round, they will attend nationals, which occurs near the end of March or beginning of April, in Chicago.

Credits Earned:1 credit, posted in the Spring.

Skills Developed:Oral and written advocacy, research, editing. The team researches two legal issues and writes one 30 page brief.

Honors: The National Moot Court team won the ABA National Championship in 2012. In the preceding five years, it had advanced five teams to the national quarter-final round, a feat matched by no other team in the country. The team has qualified for the NAAC finals every year since 2006. In 2012, its students received recognition as the second and third best speakers over all in the national finals. In 2013, it received recognition for having the best speaker and best brief in the St. Louis regional competition. In 2014, it advanced to the final and semi-final rounds as well as won best overall brief in the regional competition.

Contacts: Richard Finneran, [email protected]

http://www.abanet.org/lsd/competitions/naac/


National Civil Rights Moot Court Team

Description: The National Moot Court team represents the law school at the William E. McGee National Civil Rights Moot Court Competition, which simulates an argument before the United States Supreme Court on an actual case on certiorari. Each team writes a brief on behalf of the Petitioner or Respondent and represents both the Petitioner and Respondent at oral argument.

Number of Students: 6. There are two sub-teams of 3 students.

Team Selection: Same application process as the National Moot Court Team (see pg. 10). Applications are due during the first week of school in the Fall semester. Tryouts are scheduled in early September. The team is selected by a panel, including the coaches, annually through an audition process early in the Fall semester that is open to second and third year students.

Recommended Preparation: Performance in Wiley Rutledge Competition, grades, writing skills, journal membership, past experience with advocacy or public speaking. An interest in civil rights law is not a requisite, but a plus.

Practice Schedule:Brief writing occurs over winter break and continues into the first week of January classes. Oral argument practices follow, typically 90 minutes at a time, 2-3 times a week.

Competition Schedule:The team attends the McGee National Civil Rights Moot Court Competition, hosted by the University of Minnesota School of Law. The competition takes place in late February/early March.


Skills Developed:Oral and written advocacy, research, editing. The team researches three legal issues and writes one 35 page brief.

Honors: The National Moot Court team won the McGee Civil Rights Moot Court Competition in three consecutive years (2009 through 2011). A member of the team received top speaker honors in each of those years. The team placed second in 2013, and was the only school to advance two teams to the final eight. In 2014, the team advanced to the quarter-finals in the McGee Civil Rights Moot Court Competition.

Contacts: Kelly Snyder, [email protected] Kershman, [email protected]

http://local.law.umn.edu/mootcourt/index.htm


National Environmental Moot Court Team

Description: Recognized as the preeminent environmental law moot court in the United States, this annual competition tests skills in appellate brief writing and oral advocacy involving issues drawn from real cases, providing experience in environmental litigation first hand. The competition is distinctive in that three teams argue the issues, reflecting the fact that environmental litigation frequently involves multiple parties.

Number of Students: 2.

Team Selection: The team is usually comprised of the winners of the school’s Intramural Environmental Moot Court competition. When the winners of the intramural competition are graduating students, however, tryouts may be held.

Recommended Preparation: Success in the law school’s intramural Environmental Moot Court competition is of great importance.

Practice Schedule:The brief is written late in the Fall, and the competition itself takes place in late February. The team practices 2-3 times per week in the month preceding the competition.

Competition Schedule:The competition is held annually during late February at Pace University in New York.


Skills Developed:Oral advocacy, legal research and brief writing skills. Participants gain experience working with statutory language and environmental regulations.

Honors:In 2006, WULAW finished second in the nation, and in 2007, WULAW advanced to the semi-final round and won the David Sive award for best overall brief. In 2008, WULAW advanced to the semi-final round and won the best advocate award in the all three preliminary rounds. In 2009. WULAW advanced to the quarter-final round. In 2011, WULAW advanced to the semi-final round.

Contacts: Andrew Simonson, [email protected]

http://www.law.pace.edu/environmentalm/


Phillip C. Jessup International Law Moot Court Team

Description: The Jessup International Law Moot Court Competition is the largest moot court competition in the world. Nearly 600 law schools representing over 100 countries participate each year. Written and oral arguments are presented to a simulated International Court of Justice, the UN body which hears disputes between sovereign states.

Number of Students: 5 members. The entire team works on the two Memorials (briefs) together. For oral arguments, individuals are paired.

Team Selection: Tryouts and call back interviews are scheduled in early September. Selection is based on an oral argument, application, resume, writing sample and interview.

Recommended Preparation: Background in international law, past oral advocacy, and legal writing experience.

Practice Schedule:Fall – one two-hour meetings per week plus extra meetings as needed . Spring – students return before classes begin to finish the Memorials. During the spring semester, the team practices four to five times per week.

Competition Schedule:Jessup Super-Regional rounds are held on one of the last three weekends in February. International rounds are held during the last week of March or the first week of April in Washington, DC (the top two teams from each Super-Regional round advance).

Credits Earned:2 credits, 1 posted per semester. New team members must enroll in International Courts & Tribunals, taught in the fall by Coach Gilbert Sison. Team members must also take a course in international law as a co- or pre- requisite.

Skills Developed:Oral and written advocacy, legal research, editing. The team researches 4 international legal issues, writes two 40-page briefs and presents 45 minutes of oral argument at each round.

Honors: In 2008, the school won its Regional Competition, placed third in the world at the International Rounds, and won the Alona M. Evans Award for best written submissions in the world. In 2009, in addition to winning the Midwest Super-Regional, WULAW won the award for best oralist, and placed 19th at the International Rounds. In 2010, WULAW advanced to semifinal rounds of the Southwest Super-Regional and won seconds best oralist. In 2011, WULAW won the award for Best Written Memorial. In 2012, WULAW advanced to the quarter-final round of the Rocky Mountain Super-Regional. In 2013, WULAW won the South Super-Regional Championship and Third Place Memorial Award. In 2014, the school won its regional competition, advancing to the World Cup International Rounds, where the team placed quarter-finalists and won best memorial. In 2015, the school won its super-regional competition, advancing to the World Cup International Rounds, where the team won the Championship.

Contacts: Gilbert Sison, [email protected] Sadat, [email protected]

http://www.ilsa.org/jessup/


International Criminal Court Moot Court Team

Description: The annual International Criminal Court (ICC) Moot Competition held at Pace University School of Law is now the official English language round for the ICC Trial Competition held in The Hague. The new global competition is sponsored by the Dutch government, in cooperation with Pace Law School, the University of Amsterdam, the American Society of International Law, and the International Criminal Law Network (ICLN).

Each team will submit three short memorials (briefs) requiring the students to research and develop arguments based on the three participants in ICC prosecutions, i.e., the Prosecution, the Defense and the Victims’ Advocates, a new role developed for the first time for the International Criminal Court. These memorials will be evaluated by legal scholars, and prizes will be awarded for best brief, second place runner-up, and third place runner-up in each of the three categories of memorials.

Number of Students: 4 team members

Team Selection: Tryouts and call back interviews are scheduled in early September. Selection is based on an oral argument, application, resume, writing sample and interview.

Recommended Preparation: Background in international law, past oral advocacy, and legal writing experience.

Practice Schedule:Fall – one two-hour meetings per week plus extra meetings as needed . Spring – students return before classes begin to finish the Memorials. During the spring semester, the team practices four to five times per week.

Competition Schedule: International Criminal Court Moot Court rounds are held during beginning to mid March. International rounds of the competition are held during mid to late April in The Hague.

Credits Earned:2 credits, 1 posted per semester. New team members must enroll in International Courts & Tribunals, taught in the fall by Coach Gilbert Sison. Team members must also take a course in international law as a co- or pre- requisite.

Skills Developed:Oral advocacy, patent law research skills, editing and appellate brief writing.

Honors: First year of participation in this competition

Contacts: Michael Koby, [email protected]

http://law.pace.edu/icc


Giles Sutherland Rich Memorial Intellectual Property Moot Court TeamDescription:

Students interested in intellectual property law have the opportunity to participate in the Giles Sutherland Rich Moot Court competition, sponsored by the American Intellectual Property Law Association, which primarily focuses on issues in patent law.

Number of Students: 4 total. 2 teams of 2 students.

Team Selection: Tryouts are scheduled to be held in the Fall. Tryouts consist of a 15-minute oral argument before a panel of judges A brief of the relevant issues is provided.

Recommended Preparation: Background and/or interest in IP law, past oral advocacy and legal writing experience.

Practice Schedule:Brief writing occurs over winter break and the first two weeks of the semester. Oral argument practices occur twice weekly, for approximately 1-2 hours per session. Generally, practices take place Tuesday and Thursday nights from 8-10 PM for the first 2 months of the spring semester.

Competition Schedule:Regional competition is held over either the first or second weekend of spring break in Chicago, Houston, or Boston. The top two regional teams advance to nationals, held approximately the third weekend in April.

Credits Earned:2 credits, posted in the Spring. It is suggested that team members take the course “Intellectual Property Litigation” in the spring semester in which students write a brief as part of the curriculum, using the actual Giles Rich moot court problem.


Honors: In 2007, 2009, 2010, and 2011 WULAW advanced to the regional semi-final round. In 2008, WULAW won the Best Appellee Brief Award for the Northeast Region.

Contacts: David Deal, [email protected].

http://www.aipla.org/


Saul Lefkowitz National Trademark Law Moot Court Team

Description: The Saul Lefkowitz Moot Court Competition is sponsored by the International Trademark Association (INTA) and centers around issues arising in US trademark and unfair competition law. Students write a brief and argue the case before a panel of volunteer attorneys and jurists from the Court of Appeals of the Federal Circuit and the Trademark Trial & Appeal Board of the USPTO, as well as judges from various districts and other courts.

Number of Students: 4-8 total. 2 teams of up to 4 students.

Team Selection: Tryouts are scheduled to be held in the Fall. Students are given a tryout packet and must prepare a 10-minute oral argument.

Recommended Preparation: Past oral advocacy and legal writing experience. Background and/or interest in trademark and IP law is helpful but not required.

Practice Schedule:Set by team members. Brief writing is completed over winter break.

Competition Schedule:Regionals are held in Atlanta, Chicago, New York and San Francisco in mid/late February. The winning team from each region will advance to the National Finals held in Washington, DC during late March.

Credits Earned:2 credits, posted in the Spring.


Honors: In 2008, WULAW won the Dolores K. Hanna National Best Brief Award. Moreover, WULAW placed second overall and won the best brief at the Midwest Regional Competition. In 2009, WULAW won 3rd Place and Best Brief at the regional competition

Contacts: David Deal, [email protected].

http://www.inta.org/


National Trial Team

Trial Competitions


National Trial Team

Description: Each year, the Trial Team competes in four national trial competitions.

Through participating in these competitions, students 1) learn how to analyze case files, 2) argue pretrial motions, 3) construct a theory of the case that frames their opening statements, 4) conduct direct and cross examinations, 5) examine expert witnesses, 6) use demonstrative evidence and introduce exhibits, and 7) make closing arguments.

Number of Students: 12-14.

Team Selection: Tryouts for the 2015-16 Trial Team are scheduled to be held in mid-April 2015 and again in early May 2015.

Recommended Preparation:Review trial advocacy material in reserve in the library.

Practice Schedule:To be determined based on student schedules. Generally, teams practice two evenings a week and on both Saturday and Sunday. Former National Trial Competition Champion, Judge David Mason, serves as head coach of the Trial Team.

Competition Schedule:In the fall, 4 team members compete in the National Institute of Trial Advocacy (NITA) Tournament of Champions, and 4 team members compete in the National Civil Trial Competition NCTC. In the spring, 4 team members compete in the National Trial Competition (NTC) and 8 team members compete in the American Association of Justice Student Trial Advocacy (AAJ STAC) Competition.

Credits Earned:2 credits, both posted in the Spring.

Skills Developed:Fundamental trial advocacy skills.

Honors: In 2011, WULAW advanced to semi-finalists at the AAJ STAC Regionals and won 1st and 2nd Place at the Missouri Attorney General’s Competition. We also won the NTC Regionals. In 2012 and 2013, WULAW won the regional competition of the NTC, advancing to the National Championship of the NTC. We also won the regional competition of the AAJ STAC, advancing to the National Championship of the AAJ STAC and won 1st Place at the Missouri Attorney General’s Competition. In 2013, WULAW won the NITA Tournament of Champions and the Missouri Attorney General’s Cup Trial Advocacy Competition. In addition, we won the regional championship of the ABA Labor & Employment Law Trial Advocacy Competition, advancing to the national competition, where they won the National Championship. In 2014, WULAW won the regional competition of the NTC, advancing to the National Championship. We won the regional competition of the AAJ STAC, advancing to the National Championship, where the team advanced to the semi-final round. In 2015, the team won the regional championship, advancing to the Nationals, where they placed as finalists.

Contacts: Judge David Mason, [email protected] Rudder, [email protected]


OverviewABA Client Counseling CompetitionABA Negotiation CompetitionABA Representation in Mediation Competition

ADR Program Competitions


Overview of Negotiation and Dispute Resolution Program Sponsored Competitions

Intra-School Competition

Client Counseling Negotiation Mediation

Inter-School Competition

Fall for 1L.Fall for 2L and 3L, Spring for

1L.*

November

Late Feb/Early March.

Description

Law office consultation in which students, acting as attorneys, conduct an interview with a person playing the role of the client and then explain how they would proceed further.

Law students negotiate a series of legal problems. The simulations consist of a common set of facts known by all participants and confidential information known only to one side.

Law students role-play as advocates and clients in a mediation setting, provides students a valuable opportunity to experience the mediation process.

Novemberfor 2L and 3L

Tryouts. Tryouts.

Inter-School Team

Requirements

*There are separate 1L and upper-class (2L/3L) divisions for the competition.


ABA Client Counseling Competition

Description: The Client Counseling Competition simulates a law office consultation in which students, acting as attorneys, conduct an initial interview with a person playing the role of the client. The students explain various aspects of the attorney-client relationship and explore various legal and factual elements of the client’s case. Afterward, the students meet to evaluate the interview and to plan the next steps in their representation of their new client.

Schedule:The intra-school competition is held in the Fall semester for 1Ls.

Recommended Preparation: Background in client representation is helpful, including issue identification and developing rapport with clients.

Practice Schedule:Intra-school competition 1Ls: 2 -3 hours preparation with teammate per round.

Benefit:First-year students have opportunity to engage in hands-on learning of a fundamental lawyering skill (and gain an accomplishment for resume!).

Competition Schedule:The intra-school competition for 1Ls is in the Fall semester.

Credits Earned:0.

Skills Developed:Client counseling, professional responsibility, issue identification, legal and factual research, self-analysis, and teamwork.

Contacts: 1L CompetitionAnn Shields, [email protected]

http://www.abanet.org/lsd/competitions/clientcounseling/


ABA Negotiation Competition

Description: The Negotiation Competition simulates legal negotiations in which law students, acting as lawyers, negotiate a series of legal and factual problems against another team of students. The simulations consist of a common set of facts known by all participants and confidential information known only to the participants representing a particular side. All of the simulations deal with the same general area of the law, but the negotiation situation varies with each round and level of the competition.

Number of Students: 10 total. Two teams of 2 students and 6 alternates.

Team Selection: There is an intra-school competition in the Spring semester for 1Ls. For 2L and 3L students, tryouts are held by team coaches in September for the Regional Team.

Recommended Preparation: Background in ADR, negotiation, oral advocacy and client representation.

Practice Schedule:

Intra-school competition 1Ls: 2-3 hours preparation with teammate per round.

Inter-school team 2Ls/3Ls: After selection, practice begins immediately and consists of two 3-hour meetings during the week and one on the weekend. Additional meetings scheduled the week before competition. Team members may meet individually, as needed.

Competition Schedule:Intra-school competition - 1Ls - Spring semester. Intra-school tryouts - 2L and 3L - September. Inter-school team - Regional competitions are held in November. Winners of the 10 regional competitions advance to Nationals, which takes place in the spring. If the team wins Nationals, they advance to Internationals in the summer.Credits Earned:0 for 1Ls; 1 for 2L & 3Ls

Skills Developed:Negotiation planning and strategy, issue identification, problem-solving, legal and factual research, option generation, oral advocacy, client representation, self-analysis, and teamwork.

Honors: In 2004, WULAW won 1st place in the Regional Competition and were finalists in the National Competition. In 2009, WULAW reached the semi-finals in the Regional Competition.

Contacts: 1L CompetitionAnn Shields, [email protected]

2L and 3L CompetitionKaren Tokarz, [email protected] Mike Geigerman, [email protected]

http://www.abanet.org/lsd/competitions/negotiation/


ABA Representation in Mediation Competition

Description: In the Representation in Mediation Competition, students play the roles of attorney and client in a mediation setting. Students are evaluated on their preparation for and representation of a client in mediation. This competition provides students a valuable opportunity to experience client representation in the mediation process and to learn to work with mediators.

Number of Students: 10 total. 2 teams of 2 students and 6 alternates.

Team Selection: There is only a 2L and 3L intra-school competition. Try-outs take place in November. In preparation, the students are asked to analyze a role play and to draft a one-page representation plan. In the tryout, they are asked to present a 10-minute opening statement to the mediator and to respond to questions. The team coaches select the team members based on their try-out performance, representation plan and background in ADR.

Recommended Preparation: Background in ADR, negotiation, mediation, oral advocacy, and client representation.

Practice Schedule:After selection, there are team orientation meetings at end of Fall semester. Beginning in January, practice is 3 meetings per week - two 3-hour meetings on weekdays and one meeting on the weekend. Additional meetings are scheduled the week before the competition. Teams meet individually, as needed.

Competition Schedule:Regional competitions are held in late February/early March. Winners of the 10 regional competitions advance to the National Competition held in April.

Competition Board:Wash. U. hosted the regional competition in 2006, 2008 and 2010. A student board is selected when Wash U. is the regional host.

Credits Earned:1

Skills Developed:Oral advocacy skills in mediation and negotiation, including issue identification, problem solving, and legal research. Each team researches legal and factual issues, brainstorms possible options, writes mediation representation plans, creates exhibits and participates in 75-minute mediation sessions, which include team self-analysis. Teamwork and client representation are emphasized.

Honors:Teams advanced to the final round at the regional competition in 2005, 2006, 2007, 2009, 2010, 2011, 2012 and 2013, taking 1st place at Regionals and proceeding to the National Competition in all but 2010 and 2013. Wash U. placed 5th in the nation in 2005, 3rd in 2006, 7th in 2007, 2nd in 2009 and 3rd in 2011. The team won the regional championship, advancing to the Nationals where they placed quarter-finalists.

Contacts: Karen Tokarz, [email protected] Mike Geigerman, [email protected]

http://www.abanet.org/dispute/mediationcomp.html

Documents

Washington University School of Law Trial and Advocacy Program 1 2015 WASHINGTON UNIVERSITY SCHOOL OF LAW Trial and Advocacy Program Negotiation and Dispute