Part One: Fact Investigation and Interviewing

The first day and a half of this program was developed to instruct lawyers on how to effectively interview and counsel their clients.  Good interviewing skills increase efficiency in gathering facts.  The skills learned in this workshop will assist junior lawyers in bridging the gap between analyzing the argument on both sides of an issue or transaction, and being able to advise their clients on a course of action. The day combines lecture, discussion, and simulations utilizing the learning-by-doing method.  Throughout this part of the program, interviewing, counseling, and problem-solving skills are examined in-depth.

Topics covered include:

•Developing a legal theory, factual theory, and persuasive theory

•Two perspectives on fact investigation, illustrated through video clips

•Creating a client-centered relationship

•Developing an overall interview strategy

•Dealing with the friendly, neutral, and hostile witness

Part Two: Motion Practice

For the remainder of the program, participants will be guided by faculty through a simulated motion practice exercise using the learning-by-doing method. The preliminary injunction motion deals with fraud in the inducement to sell a company and the theft of trade secrets.

Topics covered include:

•Developing your skills in oral persuasion

•Presentation of evidence

•Updates in “hot” substantive litigation issues

•Limits on the attorney/client privilege in the context of a discovery motion

•The continued unfolding application of Celotex and its progeny

•Learning how to see the motion in the context of the case as a whole

•Learning tactics and theories that interface directly with decisions and positions you will face at your firm

Pretrial Fundamentals deals with the substance, procedure, and tactics of summary judgment. Explore judges’ attitudes and leanings when dealing with summary judgment and how to “push the right buttons” to maximize the chances that you will succeed before trial.

CLE Information

NITA estimates this program to provide 23.0 total CLE credit hours, of which 6.0 will apply to legal ethics. The number of credit hours each state allows will be available prior to the program from the state CLE Administrator’s Office and the NITA Admissions Office. Please note that individual state CLE fees are not included in the NITA tuition fee and are payable at registration for the program.

Early Enrollment Discount: Register 60+ days in advance of program start date and receive $200 off the cost of tuition. When checking out, use Discount Code CASDEVEE.