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How to Succeed as a Trial Lawyer: Drafting Pleadings, Motions, and Memos Strategically


Level: Intermediate
Runtime: 61 minutes
Recorded Date: May 21, 2019
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Agenda


  • Prerequisites to Drafting Pleadings
  • Drafting Complaints
  • Drafting Motions Addressed to Complaints
  • Drafting Answers and Affirmative Defenses
  • Drafting Counter-Claims, Cross-Claims, and Third-Party Claims
Runtime: 1 hour
Recorded: May 21, 2019

Description

Pleadings control everything in your case—who the parties are, what the issues are, what discovery is permissible, what remedies are available, and what defenses are raised. Drafting strategically is the sine qua non to achieve your client's objectives, no matter which party you represent. Motions often determine the outcome of a case even before trial, and enable you to obtain pre-trial relief, limit or dismiss claims, add parties, and otherwise promote and defend claims.

This program provides guidance on drafting pleadings, motions, and memos supporting and opposing motions, focusing on pleading strategies and pitfalls to avoid, applying the Federal Rules of Civil Procedure, with an emphasis on commercial litigation.

This program was recorded on May 21st, 2019.

Provided By

American Bar Association

Panelists

Stewart I Edelstein

Clinical Visiting Lecturer in Law
Yale Law School

Stewart Edelstein lives in Stockbridge with his wife, Lynn. He has been a trial lawyer for 40 years. He is the author of two books, Dubious Doublets: A Delightful Compendium of Unlikely Word Pairs of Common Origin, from Aardvark/Porcelain to Zodiac/Whiskey (John Wiley & Sons, Inc.) and How to Succeed as a Trial Lawyer (American Bar Association), as well as numerous articles in professional journals for lawyers. He is on the board of the Stockbridge Land Trust and of the Literacy Network of Southern Berkshire and has served on boards of the Greater Bridgeport Symphony Orchestra and the Fairfield Historical Society.

He is a graduate of Oberlin College (1970) and Cornell Law School (1973). He taught at Yale Law School for 20 years, and in the Spring of 2015, he taught his first OLLI course on etymology. He is a graduate of Oberlin College and Cornell Law School, where he was on the moot court team. At Stanford Law School, he completed the Advanced Course in Trial Advocacy, and at Harvard Law School, he completed the Teacher Training Program, both under the auspices of the National Institute for Trial Advocacy.

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