Most of the work done in litigation occurs in a non-trial setting. Indeed, civil cases often involve years of work e.g., fact discovery, expert discovery, motion practice before any trial. But the most effective version of non-trial work has an eye toward trial that is, takes account of how that work could impact any trial. Tasks like document review, written discovery, and depositions are best conducted with clear trial objectives in mind. In this course, we will examine what trials look like, and review certain best practices at trial then work backwards to consider how trial imperatives impact all the earlier work in litigations. Litigating with an eye toward trial results in higher quality non-trial work, which leads to better outcomes for clients both before and at trial. This course will involve practical exercises designed to give students hands-on experience in applying the lessons. The course has no prerequisites, and is designed to be broadly applicable to all types of civil litigation.
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