Clinical Legal Education II Syllabus

Clinical Legal Education II

A Course of Study
Uganda Christian University, Faculty of Law
by

Lecturer: Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com
Contact Hours: Monday 9:00-1:00 and 2:00-3:00

Tutorial Assistant: Achieng Mirriam
achizmirriam@yahoo.com

Syllabus: January 2011

1. COURSE DESCRIPTION

Welcome to Clinical Legal Education II also known as the Clinical Practicum. This course has been designed to provide you with “hands on” experiences in the clinical environment. The lecture focus of the course will be legal writing and advocacy skills. We hope you find it to be an exciting and beneficial learning opportunity.

2. COURSE OBJECTIVES:

The goals of this course are as follows:

To provide you with experiences approximating the actual practice of law
To improve research, writing and advocacy skills
To better prepare you to succeed at Law Development Centre
To make a positive impact in the community through service
To glorify God in our work

3. READINGS

Persuasive Written and Oral Advocacy in Trials and Appellate Courts, Michael R. Fontham, David W. Miller, Michael Vitiello, Aspen Publishing Company, USA, 2007. (available in soft copy only)

All materials listed in the Bibliography other than the Fontham book are available in soft copy and in the law library in composite folders.

4. COURSE CONTENT

4.1 COURSE OUTLINE AND CONTENT DESCRIPTION

There will be a reduced number of lectures in this course. The lectures will focus on legal research, legal writing and oral advocacy.

The bulk of the work in this course will be done outside the lecture hall.

The student will be required to draft a client letter, a partner memo, and a legal brief. Students will also conduct a direct and cross examination and present an oral argument before a mock tribunal. Faculty feedback will be provided.

Students will also be required to perform services in the clinical and research setting. The will keep “timesheets” to memorialise their work. These tasks will include work performed with our clinical partners including International Justice Mission, Uganda Christian Lawyers Fraternity, Uganda Human Rights Initiative and International Law Institute. In addition students will be credited for work performed in connection with the Streams of Justice and LDC Preparation Projects. This work will also be evaluated by faculty for quality.

4.2 WEEKLY SCHEDULE

Week One:

Reading Assignment: None
Lecture: Course Overview and Discussion of Service/Sensitisation Projects. Client Letter Writing.
Class Assignment: Client Letter (Due at the conclusion of Week 2) and Timesheets (To be turned in at the conclusion of the semester)

Week Two:

Reading Assignment: Fontham, Chapter 5 “Finding and Applying the Law”
Supplemental Reading Assignment: David J. Richman, How to Be a Great Law Clerk, form Litigation Magazine, Vol. 35, No. 4, pp. 28-31 (2009)
Lecture: Legal Research and Direct and Cross Examinations
Class Assignment: Direct and Cross Examinations (To be performed Week 4)

Week Three:

Reading Assignment: Fontham, Chapter 1,”Getting Started” and Chapter 3 “Writing for Clarity”
Supplemental Reading Assignments: Excerpts from Jane N. Richmond, Legal Writing: Form and Function, National Institute for Trial Advocacy. Excerpts from Gertrude Block, Effective Legal Writing for Law Students and Lawyers (5th Ed.), New York (1999).
Lecture: Introduction to Legal Writing and Lecture on Memo Writing

Week Four:

Students perform Direct and Cross Examinations under faculty supervision.
Class Assignment: Partner Memos (To be completed Week Seven)

Week Five:

Reading Assignment: Fontham, Chapter 2 “Writing Persuasively” (Sections 2.1-2.13)
Supplemental Reading Assignment: Bryan A. Garner, The Deep Issue: A New Approach to Framing Legal Questions, from The Scribes Journal of Legal Writing, Vol. 5, pp 1-39 (1994-1995)
Lecture: Brief Writing I

Week Six

Reading Assignment: Fontham, Chapter 2 “Writing Persuasively” (Sections 2.14-2.30)
Supplemental Reading Assignment: Thomas E. Spahn, How not to “Write Like a Lawyer,” from The Practical Lawyer (October 2005); Excepts from Tom Goldstein and Jethro K. Lieberman, The Lawyer’s Guide to Writing Well, University of California Press
Lecture: Brief Writing II

Week Seven

Reading Assignment: Fontham, Chapter “Editing”
Supplemental Reading Assignment: Irving Younger, Symptoms of Bad Writing, Skimming the Fat Off Your Writing and A Good Example and a Bad, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2001-2002); Duke McDonald, The Ten Worst Faults in Drafting Contracts, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2007)
Lecture: Brief Writing III and Writing Lessons from Strunk and White’s “The Elements of Style”
Class Assignment: Legal Brief and Oral Argument (Due at Conclusion of Semester)

Week Eight

Reading Assignment: None
Supplemental Reading Assignment: Duke McDonald, The Ten Worst Faults in Drafting Contracts, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2007)
Lecture: and Contracts

Week Nine

Reading Assignment: Fontham, Chapter 6 “Preparing for Oral Argument”
Supplemental Reading Assignments: Thomas M Reavley, The Ethical Effective Advocate, from Litigation Magazine, Vol. 35, No. 3, pp. 3-4, 71 (2009); Stan Perry, Overcoming Judicial Bias, from Litigation Magazine, Vol. 35, No. 4, pp. 16-21 (2005)
Lecture: Oral Advocacy and Judicial Bias

Week Ten

Primary Reading Assignment: Fontham, Chapter 7 “Presenting the Oral Argument”
Supplemental Reading Assignments: Frederick Alimonti, Dealing with the Difficult Adversary, from Litigation Magazine, Vol. 35, No. 1 (2008); Martin J. Siegel, To Err is Human but to Forgive...?, from Litigation Magazine, Vol. 34, No. 2 (2008)
Lecture: Oral Advocacy and Dealing with Adversaries

4.3 ASSIGNMENT EXPLANATIONS

a. WRITING PROJECTS

You will be assigned three legal writing projects: 1) a client letter; 2) a partner memo; and 3) a legal brief. You will be evaluated based on your ability to produce work product that is consistent with the instruction you receive in the classroom regarding these assignments.

b. ORAL ADVOCACY

You will perform two oral exercises over the course of the semester. The first oral assignment is the direct and cross examination exercise to be performed Week 4. The second is an oral argument to be performed at the conclusion of the semester. You will be evaluated based on your ability to conduct your argument in a manner consistent with the instruction you receive in the classroom.

c. TIME SHEETS AND CLASS PARTICIPATION

You will be given time sheets. These sheets are designed for you to log all time spent on this course. You will be evaluated based on the time commitment that you demonstrate. You should be as detailed as possible when making your entries. This grade will also encompass class attendance and class participation.

5. ASSESSMENT CRITERIA:

There will be no final paper in this class. Grades will be based on the following:

Client Letter: 5%

Cross and Direct Examinations: 10%

Research Memo: 15%

Legal Brief 25%

Oral Advocacy Presentation 20%

Time Sheets and Class Participation 25%

STATEMENT REGARDING THE INCORPORATION OF CHRISTIAN PRINCIPLES AND DOCTRINE INTO COURSE

This course incorporates Christian principles and doctrine. Students are engaged in the provision of clinical legal services to the poor and marginalised in affiliation with Christian legal service providers International Justice Mission and Uganda Christian Lawyers Fraternity. In addition Biblical examples will be used in the lectures on oral advocacy.


7. BIBLIOGRAPHY

Michael R. Fontham, David W. Miller, Michael Vitiello Persuasive Written and Oral Advocacy in Trials and Appellate Courts,, Aspen Publishing Company, USA, 2007.

Jane N. Richmond, Legal Writing: Form and Function, National Institute for Trial Advocacy

Gertrude Block, Effective Legal Writing for Law Students and Lawyers (5th Ed.), New York (1999)

Tom Goldstein and Jethro K. Lieberman, The Lawyer’s Guide to Writing Well, University of California Press

Bryan A. Garner, The Deep Issue: A New Approach to Framing Legal Questions, from The Scribes Journal of Legal Writing, Vol. 5, pp 1-39 (1994-1995)

Irving Younger, Symptoms of Bad Writing, Skimming the Fat Off Your Writing and A Good Example and a Bad, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2001-2002)

Duke McDonald, The Ten Worst Faults in Drafting Contracts, from The Scribes Journal of Legal Writing, Vol. 8, pp 121-131 (2007)

Stan Perry, Overcoming Judicial Bias, from Litigation Magazine, Vol. 35, No. 4, pp. 16-21 (2005)

Thomas E. Spahn, How not to “Write Like a Lawyer,” from The Practical Lawyer (October 2005)

David J. Richman, How to Be a Great Law Clerk, form Litigation Magazine, Vol. 35, No. 4, pp. 28-31 (2009)

Thomas M Reavley, The Ethical Effective Advocate, from Litigation Magazine, Vol. 35, No. 3, pp. 3-4, 71 (2009)

Frederick Alimonti, Dealing with the Difficult Adversary, from Litigation Magazine, Vol. 35, No. 1 (2008)

Martin J. Siegel, To Err is Human but to Forgive...?, from Litigation Magazine, Vol. 34, No. 2 (2008)