1. Introduction to GAP Associate Program
Welcome!
Purpose & Goals of Program
Understand how to formulate and implement litigation strategy
Understand significant stages in pretrial advocacy
Practice important skills within these stages
Importance of Interactive Nature of Course & Rules
This is a safe space to try out ideas!
Listen actively and attentively
Do not interrupt other students
Do not monopolize class discussion
Respect one another when offering feedback and challenging or critiquing ideas
Maintain confidentiality with respect to class discussions
Other rules suggested and adopted by class?

2. Introduction (cont’d)
Introductions
Topics to be covered
Client Relations; Preparation for & Commencement of Lawsuit
Practice Guides & Research Planning
Disclosure & Discovery
Discovery Disputes; Meet & Confer Process
Motions
Depositions
Depositions Practice & Wrap-up
Course Logistics
Review of fact pattern
Divide class into Plaintiff/Defendant groups
Divide each side into groups of approximately 5 students (“firms”) & pair up “firms”

3. Class I Objectives Subject Matter:
Client Relations
Preparation for a Lawsuit
Commencement of a Lawsuit
By the end of this class you will be able to:
Describe the components of a litigation plan
Explain the formal structural and procedural requirements of complaints and answers
Recognize decisions to be made surrounding the filing of complaints and answers (and affirmative defenses / counterclaims)
Prepare a complaint and answer

4. Client Relations & Development
Client Development
How do firms get clients?
How do firms retain clients?
How do firms develop clients?
Client Interactions
How to interact with clients

5. Preparation for a Lawsuit
Litigation Planning
Establish Attorney-Client Relationship
Initial contact
Conflicts check
Retainer letter
Determine Client’s Needs & Priorities
What does the client want to achieve?
Any limitations?
Determine Potential Claims, Defenses & Counterclaims (and elements of each)
Consider all legal theories and requirements
Consider what other side might have against your client (evidence and/or counterclaims)

6. Preparation for a Lawsuit
Identify Likely Sources of Proof
What proof will you need?
Where will you get it?
Determine Necessary Informal Fact Investigation
What can you get from your client?
From public or other sources?
Determine Necessary Formal Discovery
What information will you need from opponent?
What information will you need from third parties?
Identify Possible Solutions
What is the best way to deal with this conflict?
Potential options
Wait
Seek informal resolution
Seek formal dispute resolution
Litigate

7. Preparation for a Lawsuit
Develop Litigation Strategy
Make sure to keep your client’s goals in mind & that each step you are taking will help your client achieve these goals
Important questions to consider
Where can the lawsuit be filed?
What claims, defenses, or counterclaims should be pled (consider size of lawsuit and subject matter jurisdiction)?
What parties must/can be joined (questions of size and personal jurisdiction)?
What discovery is appropriate?
What motions should you plan?
When should you explore settlement?
Estimate Litigation Cost & Timetable
Create budget and time estimate for each stage

8. In-Class Exercise Divide into “firms”
Discuss the above considerations with regard to your fact pattern
Report back with brief litigation plan
Class discussion

9. Commencement of Lawsuit – Complaint
Pleading Requirements
Liberal pleading standard in general
Differences between California state and federal pleading standards
Structure of Complaint
Remember to always check applicable rules for formatting and other requirements
Caption page
Establish jurisdiction and venue
Identify parties
Set forth facts establishing entitlement to relief
Causes of action
Prayer for relief
Signature
Jury trial demand

10. Commencement of Lawsuit – Complaint
Filing the Complaint
Check all applicable rules!
Documents to be filed with complaint
Civil Cover Sheet
Corporate Disclosure Statement
Info on ADR Procedures
Filing Fee
Serving the Complaint
Summons
Purpose
Provide notice to defendant of lawsuit, time to respond, consequences of failure to respond

11. Commencement of Lawsuit – Complaint
Contents
Name of court and parties
Directed to defendant
Name and address of plaintiff’s attorney
Time within which defendant must appear and defend
Notify that failure to do so will result in default
Bear court’s seal
Preparation
Prepared by plaintiff’s attorney
Presented to court clerk for issuance on or after filing the complaint
Issued when clerk signs it, affixes seal, and returns to attorney for service
Timing
Must be served within certain period of time

12. Commencement of Lawsuit – Complaint
Service
Basics
Formal delivery of documents in manner legally sufficient to charge defendant with notice of pending action
Permits court to assert personal jurisdiction over defendant (if proper basis)
Service Methods
Check all applicable rules!
Can be made within state where summons issued, or outside forum state if made pursuant to state’s long arm statute (or federal statute)
Can be effected on individual under state law (or federal law) by personal delivery; delivery at defendant’s dwelling with someone of suitable age and discretion who also resides there; or delivery to an appointed agent for service of process.
Can be effected on a business entity under state law (or federal law) by delivering a copy of the summons/complaint to an officer, managing or general agent, or any other authorized agent.
Proof of Service

13. Commencement of Lawsuit – Answer
Decision to file answer or motion
Purpose
Should contain any denials / defenses necessary to controvert material allegations of complaint
Can also include counterclaims
Structure
Check all applicable rules!
Admit / deny allegations asserted in complaint
Admissions
Required to admit truthful averments in complaint
Denials
Only deny if warranted by evidence or reasonably based on belief / lack of information
Failure to deny = admission
General, limited, or specific denial

14. Commencement of Lawsuit – Answer
Affirmative Defenses
Definition
Any assertion raising new facts / arguments that, if true, will defeat plaintiff’s claim, even if all allegations in complaint are true
Waiver
If not included in responsive pleading, certain defenses are waived
Requirements
Must be stated in short & plain terms
Must be pled with enough specificity or factual particularity to give plaintiff fair notice of defense
Certain defenses must be pled with particularity (fraud / mistake)
Can assert inconsistent causes of action
Customary to include prayer for relief
Signed by attorney of record
Filed with court, including proof of service

15. Commencement of Lawsuit – Answer
Counterclaims
Definition
A claim for affirmative relief asserted by party against opposing party. Not limited to amount or type of relief sought by plaintiff
Format
Usually included in answer
Must be in separate section and included in title
Pleading Requirements
Same standards as complaint
Permissive vs. Compulsory
Compulsory counterclaims must be pled at time of responding
Includes any claim that arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim
Waived if not asserted
Permissive may be pled at any time
Answer to Counterclaim
Required within same time period as regular answer and in same format

16. In-Class Exercise Assignment: Complaint & Answer In-Class
Your “firm” will draft a complaint (each side will file a complaint).
Your “firm” will then answer the complaint filed by your opposing “firm.”
In-Class
Meet with “firms” to discuss plan for complaints and answers (plan your claims & anticipate other side’s claims and your potential defenses)
Report back and class discussion

17. Overview of Next Class Assignment Tomorrow Wednesday
Please submit the complaints and answers by noon on Wednesday, Dec. 6, so we can go over them in Wednesday’s class.
You can negotiate with opposing counsel regarding times to file/serve complaints (via ).
Tomorrow
You will learn about practice guides & research planning
Wednesday
We will review your complaints & answers and discuss your thoughts and questions
We will then discuss discovery, in particular, written discovery, and you will draft short discovery requests and responses with your “firm” in class