Civil Litigation & Alternative Dispute Resolution

Introduction

Today, being a litigator is far more than being a “trial lawyer.” Less than three percent of civil cases filed in court end up going to trial. The remainder are settled or dismissed.

Causes of the decline in trials include the growth of alternative dispute resolution (ADR) and the influence of discovery upon settlement. ADR refers to mechanisms to resolve disputes other than through traditional litigation, which include arbitration, mediation, and negotiation. Discovery is the pretrial phase of a lawsuit during which litigants can obtain evidence from the opposing party.

Traditional civil litigation is a publicly funded, state-sanctioned means to resolve disputes. Although there are examples of lawyers drumming up litigation, the vast majority of civil cases involve real and legitimate disputes, typically between private parties.

Disputes arise in a multitude of different contexts; occasions for conflict arise whenever people interact. Rather than have individuals seek justice on their own terms, there are civil courts to resolve these disputes (or facilitate their resolution).

For the most part, one cannot choose between a practice in civil litigation and one in ADR. In Texas and numerous other states, courts routinely refer many cases filed in the civil courts to some type of ADR. In some counties, all cases within a certain category (such as custody disputes) are, by local rule, automatically referred to mediation.

Moreover, contracts may mandate that parties arbitrate their dispute or require the parties to attempt to resolve their dispute through mediation before going to court. Additionally, negotiations between parties often take place formally and informally against the backdrop of a prospective or pending court case. As a result, those practicing civil litigation will likely need to employ numerous dispute resolution processes both in and out of the courtroom.

Types Of ADR

There are a variety of ways to resolve disputes that fall under the rubric of ADR. The most fundamental divide within the ADR umbrella is between systems where a decision maker’s determination is binding and processes that attempt to help the parties find their own solution.

Arbitration

Arbitration is frequently agreed to in a contract in advance of any dispute. The system functions much like a privatized court system, with the parties hiring a private “judge” (the arbitrator) to resolve their dispute. The parties present their evidence, including witness testimony, and their legal arguments to the arbitrator. The arbitrator then determines the result.

Arbitration results are enforceable in court, with very limited judicial review. Adjudicating before an arbitrator is generally quicker and less expensive than a jury trial, which is part of its attraction. Additionally, arbitration is also thought to be attractive to prospective defendants, since many believe that juries tend to make larger awards than arbitrators.

South Texas College of Law Houston’s Alternative Dispute Resolution survey course provides a general overview of the process, while the Arbitration course covers the process in greater depth. Additionally, although arbitrations are less formal than regular court proceedings, many of the skills taught in litigation classes will loosely translate to arbitration work.

Mediation

Mediation is a confidential, informal process whereby a neutral third party helps facilitate a negotiated solution. Mediation does not impose a solution but instead aims to aid the parties in their attempts to settle the dispute without a formal court resolution. Parties can elect to try to resolve their dispute through mediation, or a court may force parties to try to resolve their dispute through mediation.

Mediators usually have experience in civil litigation; their backgrounds can help guide parties toward realistic solutions. The aim is not to impose a solution upon either party but instead to enable the parties to resolve the matter themselves. If the parties reach an agreement, the mediated settlement agreement can be submitted to the court and entered as an enforceable judgment.

South Texas College of Law Houston offers courses that cover the skills needed to effectively represent a client’s interest in front of a mediator, including the Alternative Dispute Resolution survey course, Mediation Practice, Mediation Theory & Practice, and Representation in Mediation. Although each of these classes is listed on the accompanying pathway, students certainly do not need to take them all to begin to develop the applicable skills.

Summary Jury Trial

In addition to mediation, other ADR measures have similar settlement-inducing functions. For instance, courts occasionally order mini-trials or summary jury trials. Each side presents a summarized version of its case to a panel of “jurors” who then render an advisory “verdict.” The hope is that the parties can better estimate the value of the case and thereby reach a settlement. The litigation coursework discussed below applies to the summary jury trial process as well.

Negotiation

Since most cases settle before trial, litigators must be able to successfully negotiate resolutions. This requires fortitude in persisting in your demands, the ability to discern what is more important to your client and less important to the opponent, and an understanding of the negotiation tactics most likely to obtain an outcome that maximizes your client’s interests. Many of the skills applicable to representing a client in mediation apply to negotiations as well, but the absence of a facilitator does change the calculus.

STCL Houston offers coursework specifically geared to negotiation skills; in addition to a Negotiation class, Representation in Mediation focuses heavily on negotiation skills, and the Alternative Dispute Resolution survey class covers negotiations as well.

Litigation Stages and Skills

Cases formally commence when a party files a complaint; the opposing party then answers the complaint. The Civil Pretrial Advocacy course addresses how to draft and file these pleadings. After a lawsuit commences, attorneys must understand and be prepared to deal with all aspects of the litigation process. The relevant stages, skills, and knowledge base will each be reviewed.

Discovery

If litigators do not typically try many cases, what do they do? In addition to (and sometimes concurrent with) the ADR mechanisms outlined above, a great deal of time is spent on discovery. The discovery process is not a sideshow; it is the main event in most cases. Since few cases go to trial and most settle, “winning” a case is often about obtaining a favorable settlement.

Effective discovery can help a client get a relatively better outcome. If key documents are found that strengthen one’s case or if a witness during a deposition makes helpful admissions, the case will settle on more favorable terms.

Even if no settlement occurs, many cases end in a summary judgment. Discovery sets up a party to make or resist a summary judgment motion. As a result of the central role of discovery, many hours of a litigator’s life will be spent seeking and reviewing produced documents; propounding, objecting to, and answering interrogatories; and taking and defending depositions.

Coursework that covers the discovery process and relevant skills include Civil Procedure, Civil Pretrial Advocacy, Texas Pretrial Procedure, and Deposition Skills.

Motions Practice

As noted above, many cases are decided on summary judgment motions, but there are numerous other motions that can be filed throughout discovery, during a trial, and even after a court renders judgment. Accordingly, successful litigators must develop solid persuasive writing skills. Additionally, litigators sometimes provide oral argument for their motions before a trial judge. Courses that cover relevant motions practice include Civil Pretrial Advocacy and Civil Trial Advocacy.

Trial Advocacy

While most cases do not go to trial, litigators must approach a case with the mindset that it will not settle. Trial attorneys typically must be prepared to select juries, give opening and closing statements, examine witnesses, listen attentively, and adapt on the fly to any unanticipated events.

One should not assume that trial advocacy is an insignificant part of the litigation process simply because few cases end up going to trial. To the contrary, attorneys who excel in trial advocacy can develop greater leverage during settlement discussions because of their reputation as an outstanding advocate.

It should be noted that some litigators obtain outside counsel to first chair cases that proceed to trial. Conversely, other attorneys choose to specialize in trial work; they are not retained until it appears fairly certain that a trial will take place. Courses that address trial advocacy practice and skills include Civil Trial Advocacy, Mock Trial Litigation, Family Law Trial Advocacy, and Mock Trial Competition.

Knowledge Of Procedure and Rules Of Evidence

Litigators must have a firm grasp of the evidentiary and procedural rules of state and federal courts, although some attorneys practice predominantly in either state or federal court. Knowing procedural rules may or may not win cases, but a lack of knowledge of procedural rules certainly loses them. An abstract understanding of the rules is not enough; the imagination to see how to leverage these rules can optimize the outcome for a client.

Forum shopping is often an essential shaper of the settlement value of the case. A good forum shopper, however, must understand the law of personal jurisdiction, subject matter jurisdiction, and venue. Likewise, knowing what information is discoverable—not just what the rules say is within the scope of discovery, but what a judge is likely to allow—gives a litigator an advantage.

Courses that help facilitate these skills and knowledge include Evidence, Civil Procedure, Conflict of Laws, Texas Pretrial Procedure, and Texas Trial & Appellate Procedure.

Appellate Practice

Some trial attorneys will occasionally file appeals. A small number of attorneys choose to specialize solely in appellate practice—though usually not at the beginning of their litigation careers. Such attorneys must become familiar with appellate procedure, brief writing, and oral advocacy. Relevant coursework includes Appellate Advocacy and Texas Trial & Appellate Procedure.

Understanding and Evaluating Clients’ Desired Outcomes

Enjoys Feet to The Fire

Who enjoys being a litigator? A metaphor explains it best. If you were a physician, would you prefer to be a pediatrician or work in an emergency room? Some people, like a pediatrician, attempt to plan ahead and make sure nothing goes wrong. They seek to maximize health with plenty of time to achieve the best result. In the law, these people are roughly analogous to transactional lawyers. They attempt to look ahead calmly and achieve an optimal solution for their client.

But in the emergency room, on the other hand, any thought of optimal solutions and ultimate good health is out of the question. In the emergency room, the question is whether the patient will survive the next hours or days. Any survival is rated a good result. It is only a mild exaggeration to compare litigators to emergency room physicians. By the time a matter gets into litigation, something has already gone seriously wrong. An individual has suffered personal injuries or was fired from his or her job, or two businesses have fallen into a serious dispute that has ruptured their relationship.

Litigators deal with a situation that is already bad and try to obtain the least bad outcome for their client. If you think you want to be a litigator, ask yourself how you feel about operating in an environment where there are frequent crises.

Learning On the Job

While some do choose highly specialized areas, litigators often need to be able to learn new subject matters. If you are representing a business in a dispute, you will need to learn about that business. For example, if you are representing a company in a lawsuit about an allegedly poor quality of coal, you will need to learn at least a little about the coal industry. If you are representing a client in a commercial dispute about online services, you will need to learn something about that industry. And if you are representing a client in a personal injury products liability case, you will need to become knowledgeable about the product in question.

In addition, you will also be learning new areas of the law as the subject matter of the dispute changes. Litigators need to have an adaptable mind and be interested in learning new material throughout their careers.

Understanding And Valuating Clients’ Desired Outcomes

To optimally resolve disputes, attorneys must be able to translate clients’ grievances (or defenses) into a legal outcome. People litigate for many reasons, and obtaining money is not always the highest priority. Some people want vindication. Some are bitter. Some have a rough sense that they should get “justice.”

It is the job of the litigator to translate these grievances into a legally available remedy. What type of money damages are available and for what injuries? Is a specific remedy (such as an injunction) available? If there is a choice, which remedy serves your client’s interests?

The first step in this process is listening to your client and discovering his or her needs. For this reason, STCL Houston’s Interviewing & Counseling course is recommended. Many ADR courses cover ways to identify and brainstorm optimal solutions for clients based on their underlying interests.

Related to the skill of client interviewing is the ability to evaluate a case. How much is the case worth, given the facts and the law? Part of the valuation process is assessing the factual and legal uncertainties of the case. What facts are in dispute and could conceivably go either way? How certain is the law in this area? Students can also obtain a greater understanding of clients’ available options in STCL Houston’s Remedies class.

Comfortable Orating

Litigators will need to orally make their case in a variety of different contexts, including negotiations with opposing counsel, discussions with mediators, arguments to arbitrators, motions practice in court, and throughout the stages of an actual trial. A prospective attorney who does not desire or enjoy oral advocacy might not be well-suited for certain aspects of litigation practice.

Subject Matter Specialties

It is difficult to subdivide litigators by subject area. There are some broad categories, but many litigators handle a wide variety of legal subject matters. Some litigators focus on representing plaintiffs in personal injury cases. This is one of the more common stereotypes of the litigator. There is the potential in some cases for very high awards, but many times the injuries suffered are less dramatic and liability is clear. In such instances, it is more about negotiating a successful settlement with the defendant’s insurer than about dazzling a jury.

The flipside of the plaintiff personal injury career track is personal injury defense work. Here, you will be almost certainly hired by an insurance company that has insured the defendant. The defendant may be an individual with automobile or homeowners liability insurance, or it may be a business with liability insurance.

On the plaintiff side, one finds personal injury lawyers in all sizes of law firms, including very small shops. By contrast, insurance defense work is typically handled by mid-size to large firms.

Beyond personal injury litigation, there are many subject matters. Some lawyers specialize in one or several of these areas. Many litigators feel comfortable litigating across many legal subject matters.

For example, some law firms specialize in employment-related litigation (such as employment discrimination), but many lawyers would feel comfortable representing either a plaintiff or a defendant in such a case without a specialized background. Non-specialists in intellectual property may do some occasional trademark litigation. A litigator might handle a banking dispute. Litigators without any special training may undertake litigation concerning real property, such as boundary disputes, enforcement of real covenants and servitudes, and nuisance cases. A quick review of small firm litigation shops reveals covered subject matters that include not only personal injury and insurance disputes, but also family law, probate administration and litigation, guardian administration and litigation, personal and business bankruptcy, receiverships, fiduciary litigation, and commercial litigation.

Thus, as noted above, one of the hallmarks of a litigator is the ability to learn new legal subject matters. Exposure to a wide variety of substantive law areas is helpful. Knowing a little corporations or agency law, some bankruptcy law, or some family law can be helpful, since so many different legal subject matters can come across the desk of a litigator.

Of course, some litigators do specialize in particular fields, and it is up to prospective attorneys to adequately research the available options and match them up to his or her subject matter interests and monetary goals.

The substantive courses listed under Stage 3 of the accompanying pathway are meant to illustrate some of the main areas ripe for litigation—family law, insurance, bankruptcy, and intellectual property—but they are by no means exclusive or universally applicable to every career path. Please consult subject-matter specific subject overviews and pathways to learn more about particular areas of practice that involve significant use of dispute resolution processes.

Staying Out of Court: ADR-Specific Careers

As noted above, successful litigators must employ a variety of dispute resolution techniques. Some attorneys desire to help people resolve disputes but have no interest in the formal litigation process. There are several careers available for attorneys who fall within this category.

Some attorneys agree to take on a client’s case to resolve the dispute through less formal dispute resolution processes with an understanding that they will not represent the client if these informal mechanisms fail to resolve the outstanding grievances. For example, as described in greater detail in the Family Law Subject Overview, some attorneys try to focus their practice on collaborative law.

Additionally, attorneys can avoid court by becoming mediators, whereby they help to facilitate other parties’ resolution of the disputes. South Texas College of Law Houston students can become certified mediators by taking Mediation Practice or Mediation Theory & Practice.

Students should be aware, however, that it is very difficult for recent graduates to generate significant business as a mediator. Ordinarily, attorneys become successful mediators later in their careers after they have obtained significant experience. There are, however, certain opportunities to become a mediator earlier in one’s career. These opportunities are usually through government agencies, such as the EEOC. STCL Houston’s Mediation Clinic regularly handles EEOC mediations.

This curricular pathway provides a progression of courses offered at South Texas College of Law Houston that are relevant to civil litigation and ADR.

 
Core courses
Recommended courses
BARRelevant bar examination topic
REQRequired course for all students

Stage 1

First year required course.

Relevant bar examination topic.

Three semester hours credit. Normally offered in fall and spring semesters.

This first part of the basic Civil Procedure course covers topics relating to civil litigation, including an introduction to the civil action, personal jurisdiction, notice and opportunity to be heard, subject-matter jurisdiction, venue, challenging jurisdiction, joinder, and supplemental jurisdiction.

First year required course.

Relevant bar examination topic.

Three semester hours credit. Normally offered in fall and spring semesters.

This second part of the basic Civil Procedure course covers additional topics relating to civil litigation, including choice of law in federal court, pleadings, discovery, adjudication without trial, jury trials, claim and issue preclusion, appellate review, and alternative dispute resolution.

Relevant bar examination topic.

Three semester hours credit. Normally offered three times each academic year.

History and development of the rules relating to presentation of proof and evidentiary matters pertaining to the judicial functions, with emphasis on the Federal Rules of Evidence and the Texas Rules of Evidence, including preparation for trial, examination of witnesses, competency of witnesses, types of evidence, burden of proof, hearsay rule and exceptions, judicial notice, privileges, and impeachment in civil and criminal proceedings.

Three semester hours credit. Normally offered twice each academic year.

Texas civil procedure in trial courts from the prelitigation phase to the beginning of trial. Includes subject matter jurisdiction in the Texas courts, provisional remedies, prelitigation devices, jurisdiction over the person, venue, pleadings, parties, res judicata and collateral estoppel, discovery tools and techniques, and summary judgment and other methods of disposition without trial, as governed by Texas law.

Three semester hours credit. Normally offered twice each academic year.

Texas civil procedure in trial courts from the beginning of the trial through the motion for new trial with particular emphasis on pleading and practice in Texas and jury charge, jury and non-jury trial, verdict and judgment. Appellate procedure, method, nature and scope of appellate relief; appealable judgments; jurisdiction of appellate courts; procedure and parties; effect of transfer; supersedeas; records and brief; motion for rehearing review by the Court of Civil Appeals and the Texas Supreme Court.

Two semester hours credit. Offered periodically.

This course provides a comprehensive survey of the various processes known as Alternative Dispute Resolution (ADR). These include negotiation, mediation, evaluative processes such as neutral case evaluation and summary jury trials, and arbitration. The primary focus is the theory and law of ADR as the procedures relate to the court system and law practice, and, in particular, the lawyer’s role. Classwork also includes a number of simulations providing students opportunities to become familiar with the skills essential to competent practice in these procedures.

Stage 2

Consider earlier courses plus one or more from below

Two semester hours credit. Normally offered twice each academic year.

Prerequisites: Must have completed 45 semester hours and have taken or be concurrently enrolled in Texas Pretrial Procedure. These prerequisites will be strictly enforced.

The structure of the course involves students in preparing a realistic civil case against an opponent. Students engage in all aspects of pretrial discovery and motion practice, including client interview, attempts to settle, drafting pleadings, paper discovery, taking depositions, procedural and dispositive motions, and pretrial orders.

Two semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.

This course is designed to provide students with the skills necessary to take and defend depositions. Students will explore why and when to take depositions; how to draft deposition notices for individual deponents, non-party witnesses, and corporate designees; how to draft successful deposition outlines; proper deposition questions and objections; and approaches to dealing with unruly and unprofessional opposing counsel during positions. Students will take and defend several mock depositions.

Three semester hours credit. Normally offered twice each academic year.

Prerequisites: Must have completed 45 semester hours and Evidence. These prerequisites will be strictly enforced.

Note: Students may receive credit toward graduation for only one trial advocacy course (Civil Trial Advocacy, Criminal Trial Advocacy, or Family Law Trial Advocacy).

The structure of the course involves students in trying a realistic civil case against an opponent. Students engage in all aspects of the trial, including trial motions, voir dire examination of jurors, opening statement, examination of witnesses and closing argument.

Two semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered twice each academic year.

Prerequisites: Completion of the first 30 hours of required courses, but completion of fewer than 60 semester hours.

This course is designed to provide intensive training in trial advocacy and culminates each semester in a mock trial competition. Each class will have limited enrollment, and students are divided into teams of four. Each team prepares for the direct and cross-examination of witnesses, opening and closing statements, and trial motions. Students practice and develop skills in theory development, evidence analysis, forensic persuasion and litigation advocacy. No final examination.

One semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered three times each academic year.

Prerequisites: Completion of the first 30 hours of required courses.

Students are selected by the director of advocacy because of their interest and ability in appellate advocacy competitions. The course is limited to students who are members of a competition team or brief writers for a competition team engaged in one of the inter-law school moot court or mock trial competitions. Once accepted to a competition, it is the student’s responsibility to officially register for Moot Court/Mock Trial through the Registrar’s Office. This must be done during the semester of the competition. No retroactive approval will be granted. This course may be taken for one credit per semester up to a maximum of three hours credit.

Two semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered twice each academic year.

The course focuses on substantive instruction and clinical experience in techniques for effective jury communication in all phases of the trial. Particular attention is given to jury selection and techniques for conducting an effective voir dire.

Two semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.

Four-day skills workshop teaching students to assess cases and strategize during different phases of litigation: when deciding whether to bring suit, during settlement negotiations or plea bargaining, discovery, trial, and assessment of damages or sanctions. Decision trees, basic game theory models, discounted valuations of damages or liability, information costs, and trial sequencing are core skills taught. Students receive an introduction to relevant economic concepts like moral hazard, adverse selection, best cost avoider, the knee of the curve, risk allocation, Pareto Optimality, and negative externalities, which as litigators they can incorporate into a theory of the case or analysis of an opponent’s arguments. Strategies include calculating whether suits should be brought and when they should settle; calculating optimal initial demand amounts during negotiations; and using the sequence of issues in the upcoming trial itself to influence settlement negotiations beforehand.

One semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered twice each academic year.

Prerequisites: Completion of Legal Research & Writing II and completion or concurrent completion of the first 30 hours of required courses.

Students are divided into teams of two members. Each team prepares an appellate brief and presents oral arguments in a competition. (The Leroy Jeffers Competition is conducted in the fall and the Spurgeon Bell Competition takes place in the spring.) Students practice and develop skills in legal research, brief writing and forensic persuasion. No final examination. Students are encouraged to register for Appellate Advocacy in their first semester or session after completing their first 30 required hours.

Two semester hours credit. Normally offered once each academic year.

This course concentrates on the law and procedure of arbitration. Issues include arbitrability, separability, arbitral jurisdiction, non-signatory arbitral jurisdiction, compelling arbitration, FAA preemption, drafting, and analysis of arbitration agreements. Additional considerations of court review, confirmation, and vacatur of arbitral awards are also addressed. Students will be introduced to arbitration advocacy, practice skills, and procedure. The course will also provide a survey of specialized arbitration topics, including commercial, international, labor, employment, securities, and consumer arbitrations.

One semester hour credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.

Provides students with mediation certificate training, during which students serve as third-party neutrals, settlement advocates and parties to the dispute. Emphasis is on the practice of mediation through intensive skills training. Students develop an appreciation both for the functioning of the third-party neutral and for the advocate’s role in the alternative dispute resolution process. This course is designed to satisfy the current 40-hour Texas requirement for mediator certification.

Three semester hours credit. Normally offered twice each academic year. Enrollment is limited to 24 students.

This course examines mediation theory and practice. A variety of readings, exercises, and role-plays will be employed to encourage rigorous analysis of mediation concepts and critical assessment of the application of these concepts in practice. Topics to be covered include negotiation theory, stages of the mediation process, ethical issues in mediation, bringing parties to agreement, legal issues in mediation, dealing with power imbalances, and the lawyer’s role in the mediation process. Students will participate in exercises at various stages of the mediation process.

Two semester hours credit. Offered periodically.

This course first provides an in-depth study of negotiation because mediation is essentially a facilitated negotiation. Next, students will be exposed to mediation theory and process in order to gain an understanding of what is important while representing clients in the mediation session itself. Pre-mediation matters will be addressed including preparing cases and clients for mediation. The course will also cover advocacy during the mediation process. All students will have the opportunity to play the role of advocate in several in-class mediations. The goal of this interactive course is for students to develop the essential problem-solving skills for effective client representation in the mediation process.

Two semester hours credit. Offered periodically.

This is an interactive skills course designed to teach elements and practice of negotiation. The course examines an array of approaches to negotiation from joint problem-solving to adversarial strategies to improve students’ negotiating skills. Students will be acquainted with the negotiation process as it relates to the court system and law practice. Subject matters range from transactional to litigation settlement. Substantial class time will be devoted to exercises and the practical application of negotiation. Students will be expected to prepare for, participate in, and critique several simulated negotiations.

Two semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.

Examination of the attorney-client relationship, including establishing the relationship in the initial interview; billing arrangements; the importance of continuing communications; case analysis; decision-making; counseling with the client as to case development and strategy; preparation of the client for settlement negotiations as well as trial; termination of the relationship, including the collection of fees. Students will conduct several mock interviews throughout the course.

Two semester hours credit.

Prerequisites: Successful completion of not less than 30, nor more than 44, credit hours and a 2.8 grade point average.

Students arrange their own placements with local, federal, and state judges on both the trial and appellate level, including probate, bankruptcy, and immigration courts. During the Judicial Process Clinic, students observe how the law works in practice, what lawyers do and what judges expect. All students will apply lawyering skills and improve their legal research and writing abilities while preparing legal memoranda, as required by the supervising judge.

Stage 3

Consider earlier courses plus one or more from below

Three or four semester hours credit. Normally offered twice each academic year. Maximum of twelve students.

Prerequisites: Mediation Practice, Mediation Theory, or Mediation Theory & Practice.

Students serve as third-party neutrals in Harris County cases requiring dispute resolution procedures and also participate in a classroom component featuring simulated mediation exercises. Students may also participate in EEOC mediations. Throughout the semester, emphasis is on a broad-based exposure to the development, research, and practice of alternative dispute resolution.

Two or three semester hours credit.

Prerequisites: Successful completion of all courses required for graduation (with the exception of the substantial writing requirement) and not less than 45 credit hours and a 2.8 grade point average. Completion of or concurrent enrollment in Texas Pretrial Procedure is recommended.

Students arrange their own placements with local federal and state judges on both the trial and appellate level, including probate, bankruptcy and immigration courts. During these clinics, students observe how the law works in practice, what lawyers do and what judges expect. All students will apply their analytical skills and improve their legal research and writing abilities through the production of legal memoranda.

Debra Berman

Director, Frank Evans Center for Conflict Resolution
Professor of Law

Alternative Dispute Resolution
Mediation Practice
Mediation Clinic
Mediation Theory & Practice
Representation in Mediation


Josh Blackman

Professor of Law

Property I
Property II
Supreme Court Simulation


Vanessa Browne-Barbour

Professor of Law

Family Law
Torts I
Torts II


Catherine G. Burnett

Vice President
Associate Dean for Experiential Education
Director, Pro Bono Honors Program
Professor of Law

Judicial Process Clinic I/Academic Internship
Mediation Practice


Richard R. Carlson

Professor of Law

Contracts I
Contracts II
Family Law


Amanda Cooley

Professor of Law

Deposition Skills


Dan Downey

Adjunct Professor of Law

Civil Trial Advocacy


Matthew J. Festa

Professor of Law

Property I
Property II


Ted L. Field

Associate Dean for Curriculum and Academics
Professor of Law

Civil Procedure I
Civil Procedure II
Evidence
Torts I
Torts II


Sharon G. Finegan

Professor of Law

Deposition Skills
Evidence


Scott Fraser

Adjunct Professor of Law

Negotiation


Robert Galloway

Distinguished Professor of Advocacy
Professor of Law

Introduction to Appellate Advocacy
Introduction to Trial Advocacy
Advanced Appellate Practice
Advanced Trial Practice
Oral Persuasion
Appellate Litigation Clinic


Pamela E. George

Professor of Law

Family Law
Marital Property & Homestead

Haley Palfreyman Jankowski

Assistant Professor of Law

Civil Procedure I
Civil Procedure II
Torts II


Ann E. Johnson

Adjunct Professor of Law

Mock Trial Litigation
Voir Dire/Jury Communication


Carolyn Johnson

Adjunct Professor of Law

Voir Dire/Jury Communication


R. Randall Kelso

Spurgeon E. Bell Distinguished Professor
Professor of Law

Contracts I
Contracts II


Sharad Khandewal

Adjunct Professor of Law

Opening Statement/ Jury Argument


Rachel Koehn

Visiting Assistant Professor of Law

Civil Procedure I
Civil Procedure II
Evidence


Joseph K. Leahy

Professor of Law

Agency & Partnership
Corporations


Katerina Lewinbuk

Professor of Law

Deposition Skills
Torts I
Torts II


Emilio Longoria

Assistant Professor of Law

Property I
Property II


Bruce A. McGovern

Professor of Law

Agency & Partnership
Corporations


Roy Moore

Adjunct Professor of Law

Family Law Trial Advocacy


Shelby A. D. Moore

Professor of Law

Property I
Property II


Thomas Morgan

Adjunct Professor of Law

Negotiation


Ryan H. Nelson

Assistant Professor of Law

Civil Procedure I
Civil Procedure I


Anthony Ng

Adjunct Professor of Law

Electronic Discovery

Francesca Ortiz

Professor of Law

Property I
Property II


James W. Paulsen

Professor of Law

Family Law
Marital Property & Homestead


Jean F. Powers

Professor of Law

Consumer Transactions
Contracts II
Remedies


Jeffrey L. Rensberger

Professor of Law

Civil Procedure I
Civil Procedure II
Class Actions & Other Advanced Litigation
Conflict of Laws
Property I


Charles W. “Rocky” Rhodes

Vinson & Elkins Research Professor
Professor of Law

Civil Procedure I
Civil Procedure II


Robert Rice

Adjunct Professor of Law

Arbitration
Alternative Dispute Resolution


Val D Ricks

Professor of Law

Agency & Partnership
Contracts I
Contracts II
Corporations


Dru Stevenson

Dru Stevenson
Helen and Harry Hutchins Research Professor
Professor of Law
Baker Institute Scholar at the Rice University James A. Baker III Institute for Public Policy

Case Assessment & Strategy


Amy D. Taylor

Adjunct Professor of Law

Civil Pretrial Advocacy


Cherie O. Taylor

Director, Institute for International Legal Practice & National Security
Professor of Law

Civil Procedure I
Civil Procedure II


Kenneth Williams

Professor of Law

Corporate & White Collar Crime
Evidence


John J. Worley

Professor of Law

Business Bankruptcy
Contracts I
Contracts II

STCL Houston – Sponsored Resources

Career Resource Center/STCL Houston

Visit the Career Resource Center to learn more about its services. Students can reach the CRC in person or online. The CRC is designed to assist students at any time during their journey through law school. It should be an integral part of every student’s Pathway to Practice. 

Clinics/Academic Internships

South Texas College of Law Houston offers numerous direct representation clinics and internship placements for credit.

Direct representation clinics offer students the opportunity to work on real-life issues and achieve resolution of a matter for actual clients. Some clinics are litigation-based and others are more transactional in nature. Students can hone lawyering skills that transcend a specific practice area. Additionally, students can learn about an area of practice, experience what it is like to appear before certain courts, and gauge whether they are truly interested in pursuing a career in a particular field.

Academic internships also offer students the opportunity to learn about practice in state and federal courts, governmental agencies, public interest groups, and non-profit and other non-governmental organizations. Additionally, academic internships can provide students with networking opportunities. 

Clinics/Academic Internships relevant to this practice area include:

  • Government Process Clinic/Academic Internship
  • Judicial Process Clinic I/Academic Internship
  • Judicial Process Clinic II/Academic Internship
  • Mediation Clinic
  • Public Interest Clinic/Academic Internship

Fellowship Opportunities Through the Clinical Program

South Texas College of Law Houston sometimes has fellowship opportunities. Recent graduates or alumni who have been practicing for several years are encouraged to apply when their experience and interests coincide with the job description.

Competitions

South Texas College of Law Houston has a nationally renowned Advocacy Program that has won more competitions than any other law school in the nation. Participating in one of the numerous mock trial and moot court competitions is certainly beneficial for anyone seeking a career in litigation. Many competitions concern problems in specific fields of practice that are particularly useful for students interested in pursuing a career in that area. More broadly, competitions provide students with an opportunity to further refine their research, writing, and analytical skills, which are relevant to practice in general.

The Frank Evans Center for Conflict Resolution coordinates many competitions each year in the areas of negotiation, mediation, and arbitration. The program has developed a consistent track record of winning both domestic and international competitions, with more than ten first-place finishes in recent years. Students would benefit from participating in these competitions in the numerous fields of practice where alternative dispute resolution is regularly employed.

The Transactional Practice Center also coordinates several student competitions. These competitions are specifically geared to students who want to gain experience negotiating and drafting contracts, and learn about business transactions in general.

Mediation Certification

The Frank Evans Center for Conflict Resolution coordinates the law school’s mediation certification program. To obtain a forty-hour mediation certificate, students can take Mediation Practice or Mediation Theory & Practice.

Law Reviews and Journals

Law reviews and journals provide tangible benefits on two fronts: acquiring skills and attaining employment. As to acquiring skills, law reviews and journals provide students with an opportunity to further refine their research and writing ability. Law reviews and journals can also help students secure employment because they serve as signaling devices for perceived research and writing skills—this is particularly true for large law firms, the judiciary, and certain government agencies. The student publications relevant to this practice area include:

Student Organizations

South Texas College of Law Houston has numerous student organizations that focus on specific areas of law. Participation in a student organization allows students to learn more about the subject matter of the field and about employment opportunities. The student organizations relevant to this practice area include:

External Resources

Job Locators

Databases and links that focus on providing information about employment in this practice area:

Federal Employment Honors Programs

Many government agencies have so-called “honors programs” for recruiting and hiring new attorneys. Students should be mindful of the deadlines for applying to honors programs, which are often one year in advance of employment. The honors programs relevant to this practice area include:

Bar Associations and Organizations

Bar associations and organizations—local, state, and national—provide students with many services. Most offer access to information about the relevant areas of law. At the local level, students can also benefit from the opportunity to attend events and conferences. Importantly, these events and conferences provide students with chances to network in the profession, which may lead to employment opportunities. These organizations also provide information on continuing legal education (CLE) programs that may be relevant to practice in different areas of law. The bar associations and organizations relevant to this field include:

Bar associations also provide students with opportunities to attend programs and network for free. Some bar associations have formal student sections that are free to join or they provide significant discounts to students. The relevant student pages include:

Blogs and Social Media

A listing of websites that provide information pertaining to this practice area, often from a practice-oriented perspective:

Student Competitions

There are external competitions that focus on this practice area. Sometimes they have cash prizes or other forms of recognition for the winners. 

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