Description

All Autumn 2010 Courses - Details Psychology of Litigation: Practical & Ethical Implications Course Number: 346-0-01 Fogel 3 Units Using readings, case studies and discussion, this seminar will examine why clients and lawyers turn to litigation as a means of resolving disputes, why litigation sometimes is a dysfunctional means for achieving clients' legitimate objectives, whether lawyers have an ethical obligation to understand the psychology of both litigation and alternative means of dispute resolution, and whether a broader range of counseling skills based upon such an understanding can make lawyers more effective advocates. While the conventional view is that litigation is a means of vindicating legal rights and achieving just resolution of conflicts, in fact the motivations of both clients and lawyers who engage in civil litigation are quite complex. A lack of insight into the actual reasons people choose to litigate may lead to needless expense and emotional distress for clients and make the practice of law more stressful and less satisfying for lawyers. This seminar will study some of the psychological processes that influence clients' decisions to litigate and lawyers' willingness to support those decisions. It also will consider the implications of these processes in the context of alternative paradigms of dispute resolution, such as facilitative mediation. Finally, it will explore the ways in which lawyers can use an understanding of litigation psychology and alternative dispute resolution to assist clients both ethically and effectively.

Grading will be based on the "H, P, R, F" system. Grades will be based on the following: term paper (60%); case study memorandum (20%); class participation (20%). Because of the highly interactive nature of the seminar, regular class attendance is expected.

Term papers may be used to satisfy either the "R" or the "W" graduation requirement. To satisfy the "R" requirement, the paper should involve original, independent research on an approved topic related to the course, and rely significantly on secondary sources. To satisfy the "W" requirement, the paper may involve original research on an approved topic or may be a "thought piece" that expands upon one or more of the themes of the course. Students must indicate which credit they intend to satisfy not later than the last regular class meeting.

• Number of Units: 3
• Course Number: 346

All Civil Procedure and Litigation courses:

• Administrative Law
• Advanced Criminal Practice
• Civil Jury
• Constitutional Litigation
• Evidence
• Federal Courts
• Federal Indian Law
• Federal Pretrial Litigation
• Mediation
• Moot Court, Kirkwood Competition
• Psychology of Litigation: Practical and Ethical Implications
• Reconstructing the Administrative State: Theory and Practice
• Scientific Evidence and Expert Testimony: Patent Litigation
• Supreme Court Litigation Clinic
• Trial Advocacy Workshop