Litigation: Data, Theory, Practice, Process

Course Number: 537M

Description: The primary goal of this class is for students to learn how to leverage data, theory, and process to obtain better results in litigation. Students will explore sources of data and the use of decision theory, game theory, and economic analysis to evaluate claims, predict outcomes, and improve litigation strategies. The litigation process will be deconstructed beyond the mechanics of procedural rules and into the specific tasks lawyers must perform. Deconstructing the litigation process allows lawyers to properly staff matters, complete tasks more efficiently, and demonstrate the marginal return on investment for each task. Students will also learn a number of practical skills necessary to be an effective litigator. Among the topics addressed are early case assessment, client counseling, settlement negotiations, drafting persuasive pleadings and motions, managing discovery, persuading the fact finder, managing litigation projects, budgeting, and developing effective value-added litigation strategies.