Skills Courses

Skills Requirement

During the second or third year of law school, each student must satisfactorily complete at least one course with a substantial professional skills component to qualify for graduation.

Skills courses include clinics, in which students learn and practice litigation skills, mediation skills, or business transaction skills, depending on the choice of clinics. Students in clinics have significant responsibility as they work with clients, and the clinic supervisors provide careful supervision.

A number of other courses teach legal skills as part of the coursework. These courses teach the skills through simulations rather than through working with clients. The types of skills taught include legal drafting (both transactional and litigation), oral argument skills, negotiation skills, and a variety of other practical skills that lawyers use. Students receive feedback on their development of the skills throughout the courses. Scholarly research and writing do not qualify as professional skills for purposes of fulfilling this requirement.

A class may be listed as meeting both the Writing Requirement and the Skills Requirement. A student taking such a class may use the course to qualify for only one of these two requirements.

A course qualifies as meeting this requirement if the class provides:

(a) Significant instruction in professional skills;
(b) Opportunity to practice those skills; and
(c) Assessment of the development of those skills.

An updated list of courses that satisfy this requirement will be maintained by the Associate Dean for Academic Affairs, will be reviewed each year and revised as necessary by the Curriculum Committee, and will be available to students prior to the start of each fall semester. Courses not on the list may qualify, with approval of the instructor and the Associate Dean for Academic Affairs.

The following courses satisfy the Skills Requirement for the 2009-10 academic year:

The course descriptions that follow differ slightly from the catalog description of the course in that they provide brief explanations of the specific skills taught. This list reflects classes that will be offered during the 0910 academic year, and is subject to change.

Clinics

Civil Practice Clinic. LAW 707. 3 credits. Each semester, no more than twelve third- year law students under the supervision of an attorney provide assistance to low-income people eligible for legal services from the Lane County Legal Aid Office. Students perform the necessary interviewing, investigation, research, case strategy development, drafting, and trial preparation work for their clients. Clinic members occasionally handle court or administrative hearings.

Advanced Civil Practice Clinic. LAW 707. 2 credits. Pass/no pass only. Builds on the basic Civil Practice Clinic. Students are involved in more complex cases and projects requiring oral and written advocacy. Prerequisite: Civil Practice Clinic (LAW 707).

Criminal Defense Clinic. LW 707. 3 credits. The semester-long or yearlong format of this clinic ensures that each participant represents approximately ten clients and presents the defense in at least one jury trial. Participants also conduct client and witness interviews, investigations, pretrial motions, suppression hearings, plea negotiations, and sentencing hearings for the defense.

Criminal Prosecution Clinic. LAW 707. 3 credits. Students are assigned to one of several local prosecutors' offices, where they prepare and try minor criminal cases under the supervision of an attorney. Students may assist senior prosecutors on felony cases. The classroom component consists of weekly two- to three-hour discussions of the roles of participants in the criminal justice system through the various stages of the criminal process.

Advanced Prosecution Clinic. LAW 707. 2 credits. Students are involved in litigation, from simple to complicated. They try at least five jury trials during a semester, prepare felony trials, respond to and argue circuit court motions, and assist felony trial lawyers with circuit court cases. Placement for students in this clinic is in the Lane County District Attorney's Office. Only third-year law students may participate. Prerequisite: satisfactory completion of the Criminal Prosecution Clinic (LAW 707).

Domestic Violence Clinic. LAW 707 (Also Advanced Domestic Violence Clinic). 3 credits. Participants represent victims of domestic violence, stalking, and sexual assault in obtaining restraining orders and related relief. Students perform the necessary interviewing, investigation, research, case strategy development, drafting, and trial preparation for their clients. Students participate in contested hearings. Recommended: Domestic Violence Law (LAW 607), Family Law (LAW 655), Evidence (LAW 651), and Trial Practice Laboratory (LAW 707).

Environmental Law Clinic. LAW 707. 3 credits. Pass/no pass only. Students learn to handle clients, find and prepare expert witnesses, pursue discovery and Freedom of Information requests to obtain evidence, develop innovative legal theories with clinic attorneys or with private co-counsel in cases, represent clients orally in administrative or court hearings when appropriate, submit motions to courts, and prepare winning (not merely adequate) legal briefs and memoranda. Limited to ten students each semester.

Advanced Environmental Law Clinic. LAW 707. 2 or 3 credits. Pass/no pass only. Students develop complex cases, research and write in greater depth about those cases, and assume more responsibility for case management and direction. Prerequisite: satisfactory completion of the Environmental Law Clinic (LAW 707).

Mediation Clinic. LAW 707. 3 credits. Pass/no pass only. Intensive, skills-oriented course that trains law students to mediate a range of cases. Skills training offers opportunities to practice communication skills and the mediation model in role-playing activities. Enhances interviewing, problem solving and analysis, and negotiation skills. Participants discuss and practice techniques for balancing power, preserving impartiality, and maintaining ethical standards. After training is completed, students mediate small- claims cases from the Lane County District Court under the supervision of the clinic director or adjunct.

Small Business Clinic. LAW 712. 3 credits. Replicates the environment of a small law firm. Students represent small companies and entrepreneurs who need legal assistance in forming and operating their businesses. Each student assists several clients during the course of the semester under the supervision of an attorney. Includes a weekly seminar offering instruction in substantive law, ethical issues, and practical lawyering, with an emphasis on the skills required in drafting documents, interviewing and counseling clients, and representing clients in organizational and contractual matters.

Externships

The Law School offers externships under five categories as follows:

Environmental Law Externships. Law 714. 3 credits. Externs are placed with governmental and non-profit agencies working on a variety of issues related to environmental regulations and compliance, energy policy, land use and climate change. Includes the Goal One Externships.

Judicial Externships. LAW 714. 3 to 12 credits. Externs are placed with state and federal judges at the trial and appellate level. Students conduct research, write legal memoranda, draft opinions and generally participate in the daily operation of the court. Includes the following placements: Lane County Circuit Court: Oregon Supreme Court, Court of Appeals, or Appellate Legal Counsel; Oregon Land Use Board of Appeals (LUBA); United States Bankruptcy Court; United States Federal Court; United States Immigration Court; and others (e.g. Washington State Court of Appeals.) See Career Services for more information and application process.

Portland In-House Counsel Externships. Law 714. 3 to 12 credits. Externs are placed with in-house counsel at major Oregon businesses in the Portland metropolitan area. Students conduct a variety of legal work in the context of in-house counsel representation.

General Externships. Law 714. 3 to 12 credits. Externs are placed with non-profit organizations and governmental agencies in a variety of settings to gain practical experience. General Externships include: Domestic Violence Externships, Child Advocacy Externships, and externships in fields of immigration, local government law and other fields of law.

Business Law and Entrepreneurship Externship. LAW 714. 3 to 10 credits. Pass/no pass only. Skills description pending.

US Trustee in Bankruptcy. LAW 704. 3 credits Skills description pending. Prerequisites: Commercial Law (LAW 636), Bankruptcy (LAW 648), and Business Bankruptcy (LAW 625).

Courses

Advanced Appellate Advocacy. LAW 610. 2 credits. Covers various topics concerning the appellate process in the federal system and addresses legal doctrines relevant to appellate litigation before the United States Courts of Appeals and the United States Supreme Court. Focuses on strategies for effective advocacy before those courts. Students write an appellant's brief, a respondant's brief and then present an oral argument based on one of the briefs. The course includes interactive classroom exercises.

Advanced Legal Research. Law 610. 2 credits. Introduction to a wide variety of research sources and techniques, including instruction in local ordinances, state administrative law and legislative history, topical research, and international law. Training is provided for print resources, free Internet sites, Westlaw, and LexisNexis. Students compare the effectiveness of research among various print and electronic resources. Students draft short memos and practice documents.

Arbitration. LAW 610. 2 credits. Introduces the law and practices of labor, employment, and commercial arbitration. Reading and discussion focus on federal and state statutes favoring arbitration, judicial review of arbitration awards, selection of arbitrators, and presentation of arbitration cases. Class project simulates advocacy in arbitration proceedings with an emphasis on effective representative techniques, highlighting differences between arbitration and traditional litigation. Students are graded on papers and participation.

Business Planning. LAW 633. 3 credits. Follows the life cycle of a business from its initial organization and operation to its eventual sale and dissolution. Students draft documents for use in hypothetical transactions, compare the way partnerships and corporations deal with similar problems, and analyze the impact taxes have on business decisions.

Climate Change in International Law LAW 607. 3 credits. Discussion of climate change, ozone depletion, biodiversity loss, and trade and environment. Examines scientific data; international treaties and protocols; the role of secretariats of the conventions and their compliance or implementation mechanisms; the World Bank and its inspection panel; the role of the U.S. government, nongovernmental organizations (NGOs), and courts; and using cases and litigation for the solution of global environmental problems. Recommended: course work in the environmental field or international law.

Elder Law. LAW 656. 3 credits. Topics include social security and pensions; health care decision making, including the right to die, living wills, and durable powers of attorney for health care; planning for health care financing, including alternate living arrangements and financing through private resources, Medicare and Medicaid; regulation of retirement facilities and nursing homes; and protection of disabled adults through guardianships, conservator-ships, and related mechanisms. Each student does two simulation problems (legislative testimony, appellate brief, etc.) which require him or her to write and then do oral presentation appropriate to the format of the problem (testify before the legislature, argue a motion, etc.).

Estate Planning. LAW 683. 3 credits. This course presents problems in estate analysis, planning, and execution; planning an estate from the interview stage to the drafting of wills and trusts to implement the estate plan. Topics include minimizing estate and gift taxes, trusts for minors, charitable giving, disposition of a family business, incapacity, stepfamilies and non-traditional families, and valuation. Students draft wills, trusts, letters to clients, and memoranda describing estate plans.

Federal Judicial Settlements. LAW 607. 3 credits. This course teaches students about the use of court-assisted settlement in the context of civil litigation. A federal magistrate judge explores how lawyers should prepare for and represent their clients in settlement conferences. Students observe judicial settlements and perform the roles of attorneys and clients in classroom simulations.

Hazardous Waste Law. LAW 688. 2 credits. Students draft a bench memorandum to a judge evaluating a Motion to Dismiss, prepare client letters evaluating their respective clients' interests in a real estate negotiation for the purchase/sale of contaminated property, and participate in a complex dispute resolution process for a hypothetical Superfund site, including the preparation of written settlement positions for an independent mediator and negotiating with their fellow students to arrive at a joint PRP clean-up proposal to the U.S. EPA.

Interviewing and Counseling. LAW 610. 2 credits. Pass/no pass only. This course teaches critical lawyering skills through reading, lectures, discussions, participatory exercises, and role-playing, and it introduces the concept of the “reflective practice” of law. Role-plays simulate common challenges in law practice that require judgment, skill, and sensitivity by the practitioner. Students learn how to develop effective attorney-client relationships, identify client interests and priorities, recognize different approaches to fact analysis, prepare for counseling sessions with a client, analyze consequences, and weigh alternatives. Emphasis on class participation.

Intensive Writing. LAW 607. 3 Credits. Students produce documents in a wide variety of practice settings, including office memoranda, contracts, statutes, and client letters. Students receive extensive feedback and opportunities to revise their work.

Legal Drafting. LAW 610. 1 Credit. This course gives students the opportunity to draft a range of documents, including client letters, contract provisions, complaints and answers. In addition, students will meet with a research librarian and research and draft a more substantial document, such as a motion for summary judgment. Students will be graded on a final portfolio of their work.

Litigation Practice and Procedure. LAW 610. 3 credits. Saturday course teaches practical, effective litigation skills. Participants divide into two law firms, one representing the plaintiff and the other the defendant, to litigate a hypothetical employment case. Students learn how to work with clients, investigate and develop a case, draft and respond to pleadings, initiate and respond to discovery, interview and depose witnesses, conduct motion practice, write and argue motions, and negotiate settlements. Students also learn how to avoid missteps in pretrial litigation. Instruction includes course text, class discussions and three skill exercises typical to most civil cases — taking and defending depositions, motion arguments, and mediation. Enrollment limited to sixteen.

Mediation. LAW 607. 3 credits. Examines mediation practice and the policy implications of the development of mediation as a means of dispute resolution, with a particular focus on attorneys' roles. Includes a full day of mediation skills training. Required paper.

Mergers and Acquisitions Transactional Lab. Law 610. 1 Credit. Enrollment in this course is limited to 12 students who are concurrently enrolled in Mergers and Acquisitions (Law 626). Students work with two experienced transactional attorneys to conduct portions of a simulated deal.

Negotiation. LAW 610. 3 credits. Develops negotiation skills for crafting deals and resolving disputes. Examines analytic frameworks, interpersonal styles, strategic choices, and observation skills specific to negotiation. Includes simulated negotiations and writing assignments.

Nonprofit Organizations. LAW 610. 3 credits. Covers the corporate governance and tax issues that affect nonprofit organizations. Topics include organization, state regulation, obtaining tax-exempt status, restrictions of lobbying and political activity, private foundations, tax on unrelated business income of tax-exempt organizations, and charitable deduction rules. Students draft articles of incorporation, bylaws, an application for recognition of exempt status, and a memo in response to a client question. Students also draft cover letters to clients, explaining the legal work.

Perspectives on Tort Law. LAW 607. 3 credits. Develops a greater understanding and sophistication about tort law and pretrial preparation, including discovery, litigation, and ethics, with the objective of developing professional competence torts and personal injury practice. Course components include knowledge development and discussion sessions on significant contemporary torts issues; practical and analytical lawyering skills development; research and writing; analysis of ethics issues; and guest lectures by personal injury plaintiff and defense lawyers.

Real Estate Transactional Practice Lab. Law 610. 1 Credit. Students work with lawyers on a transactional project, structured to complement Secured Land Transactions.

Tax Planning and Drafting. LAW 610. 3 credits. Any key life decisions (e.g. college selection, career choice, marriage, etc.) carry significant consequences for which a fundamental knowledge of tax planning and drafting techniques may provide invaluable service. Examples include pre-nuptials, durable powers of attorney, and employment contracts. Similarly, business practice requires attorneys to draft a variety of documents (e.g., co-ownership agreements, structured settlements, buy-sells, etc.) in which knowledge of the tax law is essential This course will utilize drafting manuals and form books, as well as cases and tax periodicals, to address the important planning and drafting issues that inevitably arise in the course of advising clients on family and business matters.

Trial Practice Laboratory. LAW 707. 3 credits. Examines and develops courtroom skills for civil and criminal cases. Covers opening statement, direct examination, cross- examination, objections, closing argument, and voir dire of juries. Each student conducts weekly examinations in class and a full trial at the end of the semester. Prerequisite: Evidence (LAW 651).

Water Resources Law. LAW 669. 3 credits. Riparian and appropriation water law systems, federal and state power over water resources, transfer of water rights, ground water management, public water rights, including the public trust doctrine, and environmental constraints on water use. Students draft a water rights application and a protest under various state water codes and respond to specific client-based research questions by writing a memo directed to the client.

Women in Prison. LAW 610. 3 credits. Includes academic and hands-on components, working with women who are incarcerated in, or have recently been released from, Coffee Creek Correctional Facility (CCCF). Examines the history of prisons in the United States; the characteristics of female inmates; and the effects of women's incarceration on their families, especially their minor children.