Trial lawyers or civil litigators are lawyers who represent clients in civil lawsuits. Trial lawyers spend much of their time on pre-trial issues such as discovering facts, deposing witnesses, and preparing cases to be tried. They also spend a significant amount of time negotiating, drafting documents, writing briefs, and filing motions. Athough most cases are resolved before trial, litigators must have the confidence and skill to argue motions and try a case to a jury or judge. Litigators also frequently handle appeals after a case is tried.
Lawyers who do litigation must have strong legal research and writing skills, since a large part of the practice involves writing. They need to be well organized and detail-oriented, and have the ability to see the big picture. Trial lawyers also need to be skilled negotiators and have good people skills, since they spend a great deal of time settling cases and talking with clients, witnesses, and opposing counsel.
Civil litigation spans a broad spectrum of substantive law. Some litigators are generalists who work in diverse areas of law. Others specialize in particular practice areas, such as employment, business, product liability, or malpractice. Litigators may work in small boutique firms, small or medium general practice firms or in litigation departments of large firms. Corporations, insurance companies and financial institutions also hire litigators to work in their in-house litigation departments.
In the past few years there has been increasing interest in alternative dispute resolution, particularly mediation -- an informal alternative in which an individual brings opposing parties together to work out an agreement -- and arbitration -- a simplified version of a trial involving no discovery and simplified rules of evidence. Although this area of practice is increasing in popularity, it is most often experienced lawyers and retired judges who practice in this area.
Core/Foundation Courses
These are the basic courses that -- at a minimum -- employers expect a student interested in this specialty to have .
- Civil Procedure II
- Evidence
- Trial Advocacy
Recommended Courses
Students interested in this practice area should consider including one or more of the following courses as electives.
- Advanced Legal Writing
- Advanced Legal Writing: Pretrial Practice
- Advanced Legal Writing: Problem Solving & Writing
- Appellate Practice
- Business Organizations I
- Client Interviewing and Counseling
- Conflict of Laws
- Federal Jurisdiction
- Insurance Law
- Lawyering Skills
- Legislation
- Negotiation/Mediation
- Oral Communications
- Pre-Trial Advocacy
- Remedies
Enrichment Courses
These courses deepen or broaden the skills and substantive information that a lawyer in this field needs and also provide advanced courses for students interested in a specialty within this area of practice.
- Administrative Law
- Contracts II
- Product Safety Law
- Substantive Law Classes (such as Environmental Law, Immigration Law, Equal Employment Law, etc.)
- Tax I (A or B)
- Torts II
(Note that whether a particular course is scheduled depends on faculty availability and student demand.
Clinics, Internships, and Externships
Consumer Law Litigation Clinic
The Consumer Law Litigation Clinic represents low- and moderate-income consumers in individual and class action lawsuits in federal and state courts. The Clinic operates year-round and is open to students who have completed their first year of law school. The Consumer Law Litigation Clinic trains students in all aspects of civil litigation.
Department of Justice Clinical Externship Program
Students work in various civil units of the Wisconsin Department of Justice, at the Department of Natural Resources, 1,000 Friends of Wisconsin, or the Midwest Environmental Advocates. The program offers law students a unique opportunity to gain hands-on experience in public advocacy and litigation. Externs practice trial, appellate and administrative law with some of the state's most well-respected litigators, working on matters statewide importance.
The Judicial Internship Program places students with trial and appellate judges throughout Wisconsin, including placements with the Wisconsin Supreme Court and Seventh Circuit Court of Appeals. Student work varies but always emphasizes research and writing.
The educational mission of the Neighborhood Law Project is to train students in legal research and analysis, drafting, negotiation, litigation, and other skills, while also engaging them in a critical inquiry into the role of law and lawyers in redressing economic injustice and inequality. Students work under close supervision, and gain experience in client interviewing, counseling, and client-centered lawyering.
Restorative Justice
Project
The Restorative Justice Project gives students the opportunity to
practice mediation skills and assess the effectiveness of an
alternative dispute resolution process by providing mediation
between the victims of crime and the criminal offenders. The
project is open to students who have completed their first year of
Law School.
Student Organizations and Related Activities
Students who are interested in civil litigation should seek out opportunities in law school to develop their writing and oral advocacy skills.
The American Inns of Court is a legal mentoring organization rooted in the 800-year-old tradition of the Inns of Court in England. The goal of the American Inns of Court is to raise the standard of the legal profession by focusing on the development of skills, ethics, and professionalism. The James E. Doyle American Inn of Court, which meets in Madison, is comprised of judges, lawyers, law professors, and law students who meet approximately once a month. Inn programs provide creative, practical, interactive instruction in all areas of legal practice, particularly litigation. A dinner following the program provides a collegial atmosphere that encourages networking between all members, mentoring and skills development, and the exchange of concepts, ideas and techniques. If you are interested in becoming a student member of the James E. Doyle American Inn of Court, contact Professor Steve Meili.
There are three student journals -- Wisconsin Law Review, Wisconsin International Law Journal , and Wisconsin Journal of Law, Gender & Society -- that give students an opportunity to assist with and contribute to the Law School's scholarly publications. These publications provide invaluable training in legal research and writing. Students may receive credit for this activity.
Mock Trial provides real trial experience at a competitive level. Students participate in nationwide competitions that give them opportunities to give opening and closing statements and direct- and cross-examine witnesses. For the student interested in litigation it is an invaluable experience to learn skills you may not get in the classroom. Students may receive credit for this activity.
Moot Court is a mock appellate advocacy program that provides invaluable experience for students in brief writing and oral advocacy. Students may receive credit for this activity.
Faculty
Here are some of the full-time faculty who teach or have an interest in this subject area:
Ralph
Cagle
Room 5228
262-7881
rmcagle@wisc.edu
Carin
Clauss
Room 7107
262-3422
caclauss@wisc.edu
Anuj Desai
Room 8102
263-7605
acdesai@wisc.edu
Marsha
Mansfield
Room 4318A
262-9142
mmmansfield@wisc.edu
David
Schwartz
Room 9110
262-8150
dsschwartz@wisc.edu
Frank
Tuerkheimer
Room 7106
262-3093
fmtuerkh@wisc.edu
In addition to our full-time faculty, the Law School's adjunct faculty members -- prominent practicing lawyers and judges -- bring their specialized knowledge and experience to the classroom. Adjunct Faculty List.