Quick Update on Diagnostic Trials and Acclaim

A couple of days ago, I posted about trying diagnostic trials in my basic trial advocacy course and having the students review their performances with Acclaim software. I'm grateful, by the way, for Mark Caldwell's comment to that blog post about the value of diagnostic trials for setting a performance baseline. Mark is one of the most thoughtful people I know, both professionally and personally, and I value his opinions about how to improve teaching. He's influenced a lot of advocacy teachers during his time at NITA.

What will they become?

As an advocacy teacher do you sometimes wonder, “Is this worth it?” Faced with a student for whom ‘in your face’ is a life motif have you ever wondered, “What will they become?”

One of my recent students, out and about to fulfil my court watching assignment recently encountered an answer to both those questions. Read on.

Summer Fun in Carbondale: "Experimental Design" with Diagnostic Trials, Acclaim Software, and a Music-Based Storytelling Exercise

My father-in-law was infamous within the family for something he called "experimental design." What that meant was any time he felt like he needed to put in some new landscaping, refinish a room, or start any kind of major or minor remodeling project, he'd go ahead and launch the project by, say, tearing out a wall or digging up part of the yard. There would be no advance planning, no blueprints, no cost estimates, and no time limits. Projects could take anywhere from an afternoon to several years. Some of the experiments were successful, others less so, but he was always happiest when he was working on one of his projects.

I have adopted a similar philosophy for my summer trial advocacy class, where I have the luxury of a low enrollment cap and no requirement to coordinate in advance with six adjunct faculty members. In the summer, it's just the students and me. The class usually starts about two weeks after the end of the EATS conference, which means my mind is brimming with new ideas inspired by presentations or conversations during breaks or meals.

This year, I integrated a couple of new "experimental design" elements into my summer class. Following are some preliminary observations about each of them.

Tweeting-For Better Case Analysis

TWEETING - FOR BETTER CASE ANALYSIS

By Professor Wes Porter

Professor Porter teaches evidence and advocacy courses and directs the Litigation Center at Golden Gate University School of Law 

Teaching case analysis is always a challenge.  The skill of case analysis is critical for our courses and mock trial teams - and for a career in litigation.  While jury addresses, witness examinations, and motions in limine involve case analysis, we miss something when this skill is not isolated from other parts of trial presentation.  We sought to better segregate the skill of case analysis and diagnose related issues independently.  We focused more on case analysis in our advocacy curriculum and created a consistent, written requirement (expectation) to segregate the the skill of case analysis.

Altchiler's Advocacy Abattoir: Making the First Day a Memorable Event

Bob Altchiler is the founder and principal of Altchiler, LLC, and an adjunct faculty member in the trial advocacy program at Pace Law School. In the blog post below, he shares his memorable first-day introduction to trial advocacy. Something tells me students have a great time in Professor Altchiler's Advocacy Abattoir/Trial Advocacy Course.

I tried something new in my advocacy class this past semester. I walked into the courtroom, where my class was waiting for me. Before saying a word, with my class in the jury box, I handed to each of them a bloody body part, or an x-ray of a body part. (see attached samples). 

Then I left.

Advocacy Translates to Higher Grades!!!

S. Rafe Foreman is the Douglas Stripp Dean's Distinguished Professor and Director of Advocacy at the University of Missouri at Kansas City School of Law and a contributor to this blog.

Advocacy Translates to Higher Grades!!!

You heard me correctly. I teach both a doctrinal course (Evidence) as well as skills or clinical type courses (Trial Advocacy). I am still stinging from the EATS conference where one of my dear colleagues reported that her evidence professor at her law school reported to their faculty that skills courses have ZERO benefit, value or impact. Thankfully our faculty here at UMKC are more enlightened and supportive of our advocacy efforts. Advocacy and Entrepreneurship are the cornerstones of our law school and our Dean Suni and our faculty have long had the vision of experiential learning since the days the nationally famous Jim W. Jeans taught trial advocacy here.

“I got to get on the good foot…..” or Suggestions for Your Initial Class Session

Judge Bob McGahey guest blogs for us from time to time. He converted his presentation from EATS 2013 to a blog. For those others of you who presented, this is how it's done!

“I got to get on the good foot…..”

OR 

Suggestions for a Your Initial Class Session

By

Hon. Robert L. McGahey, Jr.

At the recent EATS Conference, I was assigned, along with Gillian Moore and Jude Borque, the topic of “Teaching in the Moment: Developing Your Critiquing Methodology.”  We were the last presentation of the second day – and I also ended up going after both Gillian and Jude.  No pressure, right?

Gillian and Jude were their usual brilliant selves, and I ended up using some of what they both said as a jumping off point.  I found myself talking about the kinds of things I do one the first night of class. In this post, I’ll try to summarize some of what I discussed. (And since I’m a child of the ‘60’s, who better to steal a title from than James Brown?)

Here’s the picture: it’s the first night of Basic Trial Practice. You look out at twelve eager faces. Well, some are eager.  Perhaps more are scared or trying hard not to look scared. Just as with a jury at the start of voir dire, you have to connect with them right away.  How? Well, like voir dire, you should think this out beforehand, and prepare.