Advice, Law School, Legal »

I know, at least at my law school, students are afraid of trial advocacy.  Maybe they’ve heard that it’s a ton of work, or maybe they’re just reluctant to speak in public in front of other attorneys, judges, and their classmates.

The fact of the matter is that even if you’re not planning on litigating, effectively communicating your thoughts is a skill that will be useful to you.  Unless you plan on locking yourself in a room until you die, it will likely benefit you to be able to stand up in front of a group and persuade them.  If you are planning on litigating, you’re seriously handicapping yourself by not taking the trial portion of advocacy.

There’s a difference between theory and practice.

Okay, sure — it almost goes without saying.  Here’s what I mean, though.  I’m one of the few insane people who really enjoyed Civ Pro.  I (mostly) understood the nuances of the Erie Doctrine and compulsive joinder, etc.  Still, after our initial client interview in Advocacy II, I had to sit down and think: “uh, hmm . . . what now?”  Civil Procedure helped in that I have flags in my head for important issues, but if you’re anything like me, you probably forgot that you need to have a 26(f) meeting with opposing counsel to come up with a Discovery Plan.  Heck, if you’re anything like me, you probably have no idea how to make a discovery plan or what one should look like.

Maybe you took Pro Rep: seemed relatively straight-forward at the time, right?  Do you think it’s easy to balance zealous advocacy with the Model Rules of Professional Conduct?  Not always.  What do you do if you’re committed to a client, but think she’s lying to you?  Do you have any idea what the standard is for a contingent fee agreement?  Do you know the difference between a fee and a cost?  Is digital research a fee?  If you’re claiming negligence, since “harm” is an element, do you have to disclose any document tending to show that harm was done to your client at initial disclosures?

You get the point.  There are likely many, many, many nuances that escaped you during Civ Pro, and if you’re planning on litigating, better to become familiar with them now so that you can use your time wisely later.

I’d love to hear from some law grads who took advocacy.  What’s your take on the course?