Document Type

Article

Publication Date

7-2024

Abstract

This short article argues that law schools should substantially increase instruction in pretrial litigation, teaching students how to strategically evaluate and manage cases. Law school graduates generally are unprepared to work with clients, have difficulty communicating with clients, and don’t understand the “big picture” of client matters. They generally aren’t well trained in negotiation, which is essential in modern legal practice. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative mechanisms for licensing that would require demonstration of practical skills.

To address these problems, this article describes how law schools can teach courses on strategic case evaluation and management. These courses can address civil litigation, criminal litigation, and transactional matters. The article identifies topics that such courses can include, describes how these courses can be integrated in law schools’ curricula, and suggests ways to staff these courses.

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