Washington University School of Law Trial and Advocacy Program WASHINGTON UNIVERSITY SCHOOL OF LAW Trial and Advocacy Program Negotiation and Dispute Resolution Program Lawyering Skills Competitions

Washington University School of Law Trial and Advocacy Program 2 There Are Several Opportunities For Students To Get Involved National Appellate Advocacy Jessup International Niagara International Saul Lefkowitz (Trademark Law) Giles Sutherland Rich (Patent Law) Trial TeamNegotiation Mediation National Environmental Moot Court Wiley Rutledge Environmental Law Intellectual Property (IP) InternationalEnvironmentalSupreme Court Trial Advocacy ADR Program Inter-School Intra-School * Moot Court * WULAW’s intra-school competitions (Wiley Rutledge Moot Court, Environmental Law Moot Court, Client Counseling and Negotiation) are administered by student run boards. 1L Client Counseling 1L Negotiation National Civil Rights

Washington University School of Law Trial and Advocacy Program 3 Wiley Rutledge Moot Court Competition Environmental Law Moot Court Competition Intra-School Moot Court Competitions

Washington University School of Law Trial and Advocacy Program 4 Wiley Rutledge Moot Court Competition Description: The oldest and largest moot court at the School of Law, The Wiley Rutledge Moot Court Competition began at the law school in It is named in honor of Justice Wiley B. Rutledge of the U.S. Supreme Court, a former dean of the law school. This competition, open to all second and third year law students during the Fall semester, focuses on federal law. Prior to the competition, students learn effective brief writing and oral advocacy skills through seminars led by faculty. For the competition, students work in teams, with each team ultimately writing a brief and delivering appellate arguments before panels of lawyers and judges. Judges for the final round are usually federal judges from various circuits in the country. Number of Students: Up to 96 students participate each year, in teams of two. Team Selection: Students select their partner. In order to participate in the Wiley Rutledge Moot Court competition, students must register for the competition in the spring. Recommended Preparation: Appellate brief writing skills, past experience with advocacy or public speaking. Practice Schedule: Up to each team. Competition Schedule: Two preliminary rounds take place in November. Three other rounds take place after preliminaries. Credits Earned: 1 credit, posted in the Fall. Skills Developed: Oral and written advocacy, research, editing. The team researches two legal issues and writes one 30 page brief of passable quality. Honors: In 2007, John R. Roberts, Chief Justice of the United States Supreme Court, judged the competition’s final round. Contacts: Jo Ellen Lewis, Bill Dorothy,

Washington University School of Law Trial and Advocacy Program 5 Environmental Law Moot Court Competition Description: The environmental moot court competition combines the international and political aspects of protecting the environment with the intricacies of administrative and environmental law, the persuasiveness of brief writing, and the oral advocacy skills of a litigator. In teams of two, participants prepare a brief and make arguments in front of local judges and lawyers in appellate court litigation. The problem involves a complex and interesting legal issue dealing with private or public actions that have failed to take account of costs or harms inflicted on the eco-system. The competition is open to all 2nd and 3rd year Wash U law students and there are no prerequisites. Number of Students: Up to 96 students participate each year, in teams of two. Team Selection: Students select their partner. Recommended Preparation: Brief writing skills, past experience with advocacy or public speaking. Practice Schedule: Up to each team. Competition Schedule: Two preliminary rounds take place in late March. Three out rounds take place after preliminaries. Credits Earned: 1 credit, posted in the Spring. Skills Developed: Oral and written advocacy, research, editing. The team researches two legal issues and writes one page brief of passable quality. Contacts: Michael Koby,

Washington University School of Law Trial and Advocacy Program 6 Inter-School Moot Court Teams National Appellate Advocacy Moot Court Team National Civil Rights Moot Court Team National Environmental Moot Court Team Phillip C. Jessup International Law Moot Court Team Niagara International Law Moot Court Team Giles Sutherland Rich Memorial IP Moot Court Competition Saul Lefkowitz National Trademark Law Moot Court Team

Washington University School of Law Trial and Advocacy Program 7 National Appellate Advocacy Moot Court Team Description: The National Appellate Advocacy Moot Court team represents the law school at the American Bar Association (ABA) National Appellate Advocacy Competition, which simulates the United States Supreme Court. Each team writes a brief on behalf of the Petitioner or Respondent and represent both the Petitioner and Respondent at oral argument. Number of Students: 6. There are two teams of 3 students (1 alternate). Team Selection: Applications are due by September 3, Tryouts are scheduled on September 6-8, The team is selected by a panel, including the coaches. Recommended Preparation: Performance in the Wiley Rutledge Moot Court Competition, grades, writing skills, journal membership, past experience with advocacy or public speaking. Practice Schedule: Brief writing occurs over winter break and continues into the first week of January classes. Oral argument practices follow, typically 90 minutes at a time, 2-3 times a week. Competition Schedule: The team attends one regional competition, which will occur at the end of February or early March. If a sub-team is successful in winning the regional round, they will attend nationals, which occurs near the end of March or beginning of April, in Chicago. Credits Earned: 1 credit, posted in the Spring. Skills Developed: Oral and written advocacy, research, editing. The team researches two legal issues and writes one 30 page brief. Honors: WULAW has won regionals and advanced to national finals each of the past eight years. The team had the third, sixth and tenth best oralists in the region in 2009; and the second and third best oralists in the region in WULAW has advanced five teams to the quarter-finals of the National Championship in the past five years. In 2012, WULAW won the regional competition advancing to the national finals, where we won the National Championship as well as 2 nd Top Speaker and 3 rd Top Speaker awards. Contacts: Richard Finneran,

Washington University School of Law Trial and Advocacy Program 8 National Civil Rights Moot Court Team Description: The National Civil Rights Moot Court team represents the law school at the McGee National Civil Rights Moot Court Competition. This competition simulates a civil rights problem in front of the United States Supreme Court. Each team writes a brief on behalf of the Petitioner or Respondent and represent both Petitioner and Respondent at oral argument. Number of Students: 6. There are two sub-teams of 3 students. Team Selection: Same application process as the National Moot Court Team (see pg. 10). Applications are due by September 3, Tryouts are scheduled on September 6-8, The team is selected by a panel, including the coaches. Recommended Preparation: Performance in Wiley Rutledge Competition, grades, writing skills, journal membership, past experience with advocacy or public speaking. An interest in civil rights law is not a requisite, but a plus. Practice Schedule: Brief writing occurs over winter break and continues into the first week of January classes. Oral argument practices follow, typically 90 minutes at a time, 2-3 times a week. Competition Schedule: The team attends the McGee National Civil Rights Moot Court Competition, hosted by the University of Minnesota School of Law. The competition takes place in late February/early March. Credits Earned: 1 credit, posted in the Spring. Skills Developed: Oral and written advocacy, research, editing. The team researches three legal issues and writes one 35 page brief. Honors: WULAW has won the McGee National Championship in four of the past five years, reaching the quarter-finals in the remaining year. It had the top speaker in the competition in three of those years. Contacts: Kelly Snyder,

Washington University School of Law Trial and Advocacy Program 9 National Environmental Moot Court Team Description: Recognized as the preeminent environmental law moot court in the United States, this annual competition tests skills in appellate brief writing and oral advocacy involving issues drawn from real cases, providing experience in environmental litigation first hand. The competition is distinctive in that three teams argue the issues, reflecting the fact that environmental litigation frequently involves multiple parties. Number of Students: 2. Team Selection: The team is usually comprised of the winners of the school’s Intramural Environmental Moot Court competition. When the winners of the intramural competition are graduating students, however, tryouts may be held. Recommended Preparation: Success in the law school’s intramural Environmental Moot Court competition is of great importance. Practice Schedule: The brief is written late in the Fall, and the competition itself takes place in late February. The team practices 2-3 times per week in the month preceding the competition. Competition Schedule: The competition is held annually during late February at Pace University in New York. Credits Earned: 1 credit, posted in the Spring. Skills Developed: Oral advocacy, legal research and brief writing skills. Participants gain experience working with statutory language and environmental regulations. Honors: In 2006, WULAW finished second in the nation, and in 2007, WULAW advanced to the semi-final round and won the David Sive award for best overall brief. In 2008, WULAW advanced to the semi-final round and won the best advocate award in the all three preliminary rounds. In WULAW advanced to the quarter-final round. In 2011, WULAW advanced to the semi-final round. Contacts: Michael Koby,

Washington University School of Law Trial and Advocacy Program 10 Phillip C. Jessup International Law Moot Court Team Description: The Jessup International Law Moot Court Competition is the largest moot court competition in the world. Nearly 600 law schools representing over 100 countries participate each year. Written and oral arguments are presented to a simulated International Court of Justice, the UN body which hears disputes between sovereign states. Number of Students: 5 members. The entire team works on the two Memorials (briefs) together. For oral arguments, individuals are paired. Team Selection: Tryouts are scheduled to be held on September 5, 2012 and call back interviews are scheduled to be held on September 6, Selection is based on an oral argument, application, resume, writing sample and interview. Recommended Preparation: Background in international law, past oral advocacy, and legal writing experience. Practice Schedule: Fall – one two-hour meetings per week plus extra meetings as needed. Spring – students return before classes begin to finish the Memorials. During the spring semester, the team practices four to five times per week. Competition Schedule: Jessup Super-Regional rounds are held on one of the last three weekends in February. International rounds are held during the last week of March or the first week of April in Washington, DC (the top two teams from each Super-Regional round advance). Credits Earned: 2 credits, 1 posted per semester. New team members must enroll in International Courts & Tribunals, taught in the fall by Coach Gilbert Sison. Team members must also take a course in international law as a co- or pre- requisite. Skills Developed: Oral and written advocacy, legal research, editing. The team researches 4 international legal issues, writes two 40-page briefs and presents 45 minutes of oral argument at each round. Honors: WULAW has advanced to the International Rounds seven of the last thirteen years; it and Harvard Law School are the only two schools in the United States to share this distinction. In 2008, the school won its Regional Competition, placed third in the world at the International Rounds, and won the Alona M. Evans Award for best written submissions in the world. In 2009, in addition to winning the Midwest Super-Regional, WULAW won the award for best oralist, and placed 19 th at the International Rounds. In 2010, WULAW advanced to semifinal rounds of the Southwest Super- Regional and won seconds best oralist. In 2011, WULAW won the award for Best Written Memorial. In 2012, WULAW advanced to the quarter-final round of the Rocky Mountain Super-Regional. Contacts: Gilbert Sison, Leila Sadat, Michael Peil,

Washington University School of Law Trial and Advocacy Program 11 Niagara International Law Moot Court Team Description: The Canada-United States Law Institute administers the Niagara International Moot Court Competition, an international law moot that draws twenty to thirty teams from law schools in Canada and the United States. Teams address a hypothetical dispute affecting the Canada – United States relationship before the International Court of Justice. Number of Students: 4. Team Selection: Simultaneous with Jessup tryouts (see pg. 12). Tryouts are scheduled to be held on September 5, 2012 and call back interviews are scheduled to be held on September 6, Selection is based on an oral argument, application, resume, writing sample and interview. Recommended Preparation: Background in international law is helpful, as is past oral advocacy and legal writing experience. Practice Schedule: Fall semester: One two-hour meeting per week. Spring semester: students return to school 1 week before spring classes to write the team’s Memorials. Practice is approximately six hours per week beginning in mid-February. Competition Schedule: Problem is released in mid-September. Two 25-page written Memorials (briefs) are due by mid-February. The competition is held in mid-March. Credits Earned: 1 credit per semester. In addition, new participants are required to enroll in International Courts & Tribunals, taught in the fall by Jessup coach and adjunct faculty member Gilbert Sison. Skills Developed: Oral advocacy, international legal research, and legal brief writing. The team researches four legal issues, writes two 25- page briefs and performs 20-minute oral arguments. Honors: In 2008, WULAW won the Niagara International Moot Court competition. Additionally, WULAW won awards for the Best Oralist, Second Best Oralist, Best Respondent Team, and the ABA Book Award for Best Respondent Oralist. In 2011, WULAW placed third in the competition and won an award for Best Oralist. Contacts: Michael Peil, Rebecca Feldmann,

Washington University School of Law Trial and Advocacy Program 12 Giles Sutherland Rich Memorial Intellectual Property Moot Court Team Description: Students interested in intellectual property law have the opportunity to participate in the Giles Sutherland Rich Moot Court competition, sponsored by the American Intellectual Property Law Association, which primarily focuses on issues in patent law. Number of Students: 4 total. 2 teams of 2 students. Team Selection: Tryouts are scheduled to be held on October 17-19, Tryouts consist of a 15-minute oral argument before a panel of judges A brief of the relevant issues is provided. Recommended Preparation: Background and/or interest in IP law, past oral advocacy and legal writing experience. Practice Schedule: Brief writing occurs over winter break and the first two weeks of the semester. Oral argument practices occur twice weekly, for approximately 1-2 hours per session. Generally, practices take place Tuesday and Thursday nights from 8-10 PM for the first 2 months of the spring semester. Competition Schedule: Regional competition is held over either the first or second weekend of spring break in Chicago, Houston, or Boston. The top two regional teams advance to nationals, held approximately the third weekend in April. Credits Earned: 2 credits, posted in the Spring. It is suggested that team members take the course “Intellectual Property Litigation” in the spring semester in which students write a brief as part of the curriculum, using the actual Giles Rich moot court problem. Skills Developed: Oral advocacy, patent law research skills, editing and appellate brief writing. Honors: In 2007, 2009, 2010, and 2011 WULAW advanced to the regional semi-final round. In 2008, WULAW won the Best Appellee Brief Award for the Northeast Region. Contacts: David Deal,

Washington University School of Law Trial and Advocacy Program 13 Saul Lefkowitz National Trademark Law Moot Court Team Description: The Saul Lefkowitz Moot Court Competition is sponsored by the International Trademark Association (INTA) and centers around issues arising in US trademark and unfair competition law. Students write a brief and argue the case before a panel of volunteer attorneys and jurists from the Court of Appeals of the Federal Circuit and the Trademark Trial & Appeal Board of the USPTO, as well as judges from various districts and other courts. Number of Students: 4-8 total. 2 teams of up to 4 students. Team Selection: Tryouts are scheduled to be held on October 17-19, Students are given a tryout packet and must prepare a 10- minute oral argument. Recommended Preparation: Past oral advocacy and legal writing experience. Background and/or interest in trademark and IP law is helpful but not required. Practice Schedule: Set by team members. Brief writing is completed over winter break. Competition Schedule: Regionals are held in Atlanta, Chicago, New York and San Francisco in mid/late February. The winning team from each region will advance to the National Finals held in Washington, DC during late March. Credits Earned: 2 credits, posted in the Spring. Skills Developed: Oral advocacy, patent law research skills, editing and appellate brief writing. Honors: In 2008, WULAW won the Dolores K. Hanna National Best Brief Award. Moreover, WULAW placed second overall and won the best brief at the Midwest Regional Competition. In 2009, WULAW won 3 rd Place and Best Brief at the regional competition Contacts: David Deal,

Washington University School of Law Trial and Advocacy Program 14 National Trial Team Trial Competitions

Washington University School of Law Trial and Advocacy Program 15 National Trial Team Description: Each year, the Trial Team competes in four national trial competitions. Through participating in these competitions, students 1) learn how to analyze case files, 2) argue pretrial motions, 3) construct a theory of the case that frames their opening statements, 4) conduct direct and cross examinations, 5) examine expert witnesses, 6) use demonstrative evidence and introduce exhibits, and 7) make closing arguments. Number of Students: Team Selection: Tryouts for the Trial Team are scheduled to be held on April 14, 2012 as well as May 5-6, Recommended Preparation: Review trial advocacy material in reserve in the library. Practice Schedule: To be determined based on student schedules. Generally, teams practice two evenings a week and on both Saturday and Sunday. Former National Trial Competition Champion, Judge David Mason, serves as head coach of the Trial Team. Competition Schedule: In the fall, 4 team members compete in the National Institute of Trial Advocacy (NITA) Tournament of Champions, and 4 team members compete in the National Civil Trial Competition. In the spring, 4 team members compete in the National Trial Competition and 8 team members compete in the Association of Trial Lawyers of America (ATLA) Competition. Credits Earned: 2 credits, both posted in the Spring. Skills Developed: Fundamental trial advocacy skills. Honors: was a tremendously successful year. At the NITA Tournament of Champions and National Civil Trial Competition, WULAW won the Best Advocate Award and reached the semi- final round. At the National Trial Competition, WULAW won its regional round and reached the quarter-final round. In , WULAW placed second at the Tournament of Champions and both sub-teams progressed to the final round of the regional National Trial Competition. In 2009, WULAW won 1 st Place at the National Trial Competition Regionals and advanced to the quarter-final round at the National Finals of the National Trial Competition. In 2010, WULAW won 1 st place and 2 nd place at the National Trial Competition Regionals and advanced to the quarter-final round at the National Finals of the National Trial Competition We also won 2 nd place at the AAJ Student Trial Advocacy Competition Regionals. In 2011, WULAW advanced to the semi-final round at the AAJ Student Trial Advocacy Competition Regionals and won 1 st and 2 nd Place at the Missouri Attorney General’s Competition. We also won the National Trial Competiition Regionals. In , WULAW won the regional competition of the National Trial Competition advancing to the National Championship of the National Trial Competition. Contacts: Judge David Mason, Mark Rudder,

Washington University School of Law Trial and Advocacy Program 16 Overview ABA Client Counseling Competition ABA Negotiation Competition ABA Representation in Mediation Competition ADR Program Competitions

Washington University School of Law Trial and Advocacy Program 17 Overview of Negotiation and Dispute Resolution Program Sponsored Competitions Intra-School Competition Client CounselingNegotiationMediation Inter-School Competition Fall for 1L. Fall for 2L and 3L, Spring for 1L.* November Late Feb/ Early March. Description Law office consultation in which students, acting as attorneys, conduct an interview with a person playing the role of the client and then explain how they would proceed further. Law students negotiate a series of legal problems. The simulations consist of a common set of facts known by all participants and confidential information known only to one side. Law students role-play as advocates and clients in a mediation setting, provides students a valuable opportunity to experience the mediation process. November for 2L and 3L Tryouts. Inter-School Team Requirements *There are separate 1L and upper-class (2L/3L) divisions for the competition.

Washington University School of Law Trial and Advocacy Program 18 ABA Client Counseling Competition Description: The Client Counseling Competition simulates a law office consultation in which students, acting as attorneys, conduct an initial interview with a person playing the role of the client. The students explain various aspects of the attorney- client relationship and explore various legal and factual elements of the client’s case. Afterward, the students meet to evaluate the interview and to plan the next steps in their representation of their new client. Schedule: The intra-school competition is held in the Fall semester for 1Ls. Recommended Preparation: Background in client representation is helpful, including issue identification and developing rapport with clients. Practice Schedule: Intra-school competition 1Ls: 2 -3 hours preparation with teammate per round. Benefit: First-year students have opportunity to engage in hands-on learning of a fundamental lawyering skill (and gain an accomplishment for resume!). Competition Schedule: The intra-school competition for 1Ls is in the Fall semester. Credits Earned: 0. Skills Developed: Client counseling, professional responsibility, issue identification, legal and factual research, self-analysis, and teamwork. Contacts: 1L Competition Ann Shields,

Washington University School of Law Trial and Advocacy Program 19 ABA Negotiation Competition Description: The Negotiation Competition simulates legal negotiations in which law students, acting as lawyers, negotiate a series of legal and factual problems against another team of students. The simulations consist of a common set of facts known by all participants and confidential information known only to the participants representing a particular side. All of the simulations deal with the same general area of the law, but the negotiation situation varies with each round and level of the competition. Number of Students: 10 total. Two teams of 2 students and 6 alternates. Team Selection: There is an intra-school competition in the Spring semester for 1Ls. For 2L and 3L students, tryouts are held by team coaches in September for the Regional Team. Recommended Preparation: Background in ADR, negotiation, oral advocacy and client representation. Practice Schedule: Intra-school competition 1Ls: 2-3 hours preparation with teammate per round. Inter-school team 2Ls/3Ls: After selection, practice begins immediately and consists of two 3-hour meetings during the week and one on the weekend. Additional meetings scheduled the week before competition. Team members may meet individually, as needed. Competition Schedule: Intra-school competition - 1Ls - Spring semester.. Intra- school tryouts - 2L and 3L - September. Inter-school team - Regional competitions are held in November. Winners of the 10 regional competitions advance to Nationals, which takes place in the spring. If the team wins Nationals, they advance to Internationals in the summer. Credits Earned: 0 for 1Ls; 1 for 2L & 3Ls Skills Developed: Negotiation planning and strategy, issue identification, problem- solving, legal and factual research, option generation, oral advocacy, client representation, self-analysis, and teamwork. Honors: In 2004, WULAW won 1st place in the Regional Competition and were finalists in the National Competition. In 2009, WULAW reached the semi-finals in the Regional Competition. Contacts: 1L Competition Ann Shields, 2L and 3L Competition C.J. Larkin, Mike Geigerman,

Washington University School of Law Trial and Advocacy Program 20 ABA Representation in Mediation Competition Description: In the Representation in Mediation Competition, students play the roles of attorney and client in a mediation setting. Students are evaluated on their preparation for and representation of a client in mediation. This competition provides students a valuable opportunity to experience client representation in the mediation process and to learn to work with mediators. Number of Students: 10 total. 2 teams of 2 students and 6 alternates. Team Selection: There is only a 2L and 3L intra-school competition. Try-outs take place in November. In preparation, the students are asked to analyze a role play and to draft a one-page representation plan. In the tryout, they are asked to present a 10-minute opening statement to the mediator and to respond to questions. The team coaches select the team members based on their try-out performance, representation plan and background in ADR. Recommended Preparation: Background in ADR, negotiation, mediation, oral advocacy, and client representation. Practice Schedule: After selection, there are team orientation meetings at end of Fall semester. Beginning in January, practice is 3 meetings per week - two 3-hour meetings on weekdays and one meeting on the weekend. Additional meetings are scheduled the week before the competition. Teams meet individually, as needed. Competition Schedule: Regional competitions are held in late February/early March. Winners of the 10 regional competitions advance to the National Competition held in April. Competition Board: Wash. U. hosted the regional competition in 2006, 2008 and A student board is selected when Wash U. is the regional host. Credits Earned: 1 Skills Developed: Oral advocacy skills in mediation and negotiation, including issue identification, problem solving, and legal research. Each team researches legal and factual issues, brainstorms possible options, writes mediation representation plans, creates exhibits and participates in 75-minute mediation sessions, which include team self-analysis. Teamwork and client representation are emphasized. Honors: Teams advanced to the final round at the regional competition in 2005, 2006, 2007, 2009, 2010, 2011 and 2012 taking 1st place at Regionals and proceeding to the National Competition in all but Wash U. placed 5th in the nation in 2005, 3rd in 2006, 7th in 2007, 2nd in 2009 and 3 rd in Contacts: C.J. Larkin, Mike Geigerman,