Greetings!
 Yes, we do teach more than trials.
Although teaching advocacy for litigation has been our mainstay for over 37 years, NITA has been on the forefront of advocacy teaching for negotiation, mediation, and arbitration for the last 10 years. Beginning with our publications in mediation (such as John Cooley's Mediation Advocacy, Mark Bennett and Scott Hughes's Art of Mediation and Harold Abramson's Mediation Representation: Advocating in a Problem-Solving Process), negotiation (Tom Guernsey and Paul Zwier's Advanced Negotiation and Mediation Theory and Practice), and arbitration (John Cooley and Steven Lubet's Arbitration Advocacy and John Cooley, Roderic Heard, and Susan Walker's upcoming text: International Arbitration: The Advocate's Perspective), and continuing through our courses in Pretrial Fundamentals, Advanced Mediation Advocacy, and our soon-to-be-released International Arbitration Advanced Advocacy Techniques program, NITA has continued to apply its hallmark excellence in materials and teaching methods to the area of alternative dispute resolution.
The reasons for this are obvious. In contemporary society, trials in many cases are becoming longer and more complex, or cases are being resolved at the pretrial or mediation stages. As the costs of litigation rise and as commerce becomes more international, arbitration of conflict is becoming more common. As a result, the trial lawyer now must be more proficient in the skills of ADR, and the young lawyer needs to have those skills in order to be more effective should a trial take place. NITA training and materials have been instrumental in developing the modern litigator-the advocate who can apply the skills in all of the possible forums and settings required to present the client's case effectively.
Modern lawyers facing conflict resolution need to be proficient in the skills of negotiation, mediation, and arbitration as well as courtroom advocacy. NITA, and its learning-by-doing teaching methodology, will continue to support the mission of teaching effective and ethical advocacy, and we look forward to providing both current and future lawyers with the skills necessary for competent representation.
Sincerely,
Laurence M. Rose
President & CEO
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Best Practices |
 Each month NITA Notes features a NITA faculty member or members who provide readers with tips to make their law practice a best practice. This month's featured scholar is Richard Schoenberger. Rich is a partner at the San Francisco firm Walkup, Melodia, Kelly and Schoenberger, and is one of NITA's most highly rated faculty members.
BREATHE AND SECRETLY EXERCISE
In Edgar Allen Poe's "The Tell-Tale Heart," a carefully calculated and gruesome murder goes unsolved until the narrator confesses because he hears the victim's heart beating under the floorboards: "--[N]ow, I say, there came to my ears a low, dull, quick sound, such as a watch makes when enveloped in cotton... It was the beating of the old man's heart."
We all know the terrified throb of our own heartbeat in the courtroom. Even though I know I've never killed anyone (unless I did so in some fugue state), I could swear others in the courtroom must sometimes hear my pounding heart as I stand to address a court or jury.
Here I address two simple and surefire methods you can use to calm your heart, and the body housing it, as we try our best not just to advocate effectively for our clients, but to avoid embarrassing murder confessions along the way.
First suggestion: breathe - and breathe again. Deep breaths not only slow the rapid syncopation, but also channel your energy in the right direction. Watch any athlete pause before a crucial moment in their sport: the game tying free throw; settling in the batter's box to hit a 60 mph softball from 40 feet; a volleyball serve in a close match; the quarterback before taking the snap. Each one takes a nice, deep breath for the exact same reason we should when addressing a court or jury.
Good things happen when we remember to breathe. We tend to slow down, sometimes way down. In a single, deep respiration, we become more focused and sound better -- less rushed, no gulping with your heart in your throat. As a reminder, write the word BREATHE in big letters at the top of your outline, argument, or prepared statement. With any luck, you'll see the reminder just before you start to sputter out of control.
It's not to say that the adrenaline that causes the rapid heartbeat is a bad thing. I once saw a lady lift a 40,000 pound truck to save her trapped labradoodle. It's just that in the courtroom, the unchecked adrenaline rush sometimes does more harm than good.
So, in an effort to burn down your nervous energy from negative to useful, I make my second suggestion: dissipate the adrenaline with an unseen isometric exercise. For instance, as you sit (or stand) waiting for your case to be called, scrunch your toes repeatedly within your shoes. You can do so without anyone noticing, all the while releasing some unnecessary anxiety. Or, if you tend to hold your hands close together in front of you while listening or speaking, squeeze the thumb of one hand with your other hand as hard as you can without making it look like that's what you're doing. You'd be amazed how successfully these isometric exercises work to relax you, and lead to a more focused and persuasive presentation.
So, breathe and secretly exercise. We may never keep the heart from sounding a drum in our chest, but we can sure slow it down when we want to by following these two simple routines. Your clients will be better served and you might even live longer!
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Techniques for Breaking Impasse and Bridging Gaps in Mediated Settlements |
 By John W. Cooley*
© John W. Cooley 2008
All Rights Reserved
Often, parties to a mediation are able to negotiate monetary issues, with the help of the mediator, to a numerical bracket, but they are unable or unwilling to move off their respective dollar positions and close the gap. When this occurs, either the mediator or the parties individually or jointly should consider using proven techniques for breaking impasse. Although there are many ways to do this, in this article I will address only two of the techniques for breaking impasse and bridging gaps. I have successfully employed the methods described below to resolve complex, multiparty, multi-million dollar disputes, but the skills can also be used to bridge negotiating brackets in small money damage cases. The two advanced techniques are: the Creo Pie Chart and Blind Bidding with Conditions. These and other techniques for designing a customized mediation process and for breaking impasse appear in my NITA books, Mediation Advocacy (2d ed. 2002), pp. 42-48 and The Mediator's Handbook (2d ed. 2006), pp. 275-289.
The Creo Pie Chart
The Creo Pie Chart is named for its creator, Robert A. Creo, a nationally recognized mediator and arbitrator and founder of the International Academy of Mediators. The concept of using a pie chart has very simple roots. First, as children, some of us learned a technique to ensure fairness to divide into two or more parts an object that was to be shared equally. For example, if two children wanted the last piece of apple pie, they could agree that one of them would cut the piece of pie into two equal pieces, and the other child would then choose one of the two pieces. This creative problem solving technique encourages the cutter to be as accurate as possible in cutting down the center line of the piece of pie. If the cutter does not cut accurately, it will be to her detriment, because the chooser will undoubtedly choose the larger piece. The second origin of the pie chart technique is from the vernacular of dispute resolution providers and users. Mediators and counsel often speak in terms of dividing pies in money damages cases. This is a distributive method of bargaining, as opposed to an integrative method, which seeks to expand the pie. The Creo Pie Chart technique combines concepts of accurate division of a liability pie together with the goal of distributing liability (and therefore defendants' shares of responsibility to pay) according to the amount of their fault in causing the plaintiff(s) to sustain damages. The Creo Pie Chart technique works best when there are several party-defendants.
The first step is for someone (usually the mediator, though it could be an advocate in mediation) to explain how the pie chart technique works; the second step is to determine whether all the parties want to engage in the pie chart technique. In implementing the first step, the mediator would explain that the individual plaintiffs and defendants would each work separately and confidentially with their individual lawyers. Their individual goals would be to draw a pie (a circle) and then draw slices of the pie representing the amount of liability (fault) that should be attributed to the individual defendants. The parties would indicate on each slice of the pie chart the percent liability (fault) being ascribed to each defendant. Each defendant would also estimate its own portion of liability. No party, plaintiff or defendant would be aware of the apportionments drawn by the other parties. The mediator then would collect the pie charts and calculate the average percent of fault based on each party's separate perception of defendants' individual liability. A large pie chart would be displayed to the group indicating these averaged percentages of defendants' fault. Then the mediator would caucus with each of the separate defendants to determine whether each believed that the percent fault assigned to each was a fair estimate. The mediator would continue to caucus with the defendants until agreement was reached, and ultimately with the plaintiff(s).
I have used this technique effectively in a construction dispute which I co-mediated with respected Chicago mediator Cheryl I. Niro. The dispute involved a building owner plaintiff and approximately 17 defendants, including construction contractors, subcontractors, and insurance company defendants. I have used this technique on several other occasions, in cases having as few as four defendants.
Blind Bidding with Conditions
Another impasse breaking technique is Blind Bidding with Conditions. There are many blind bidding variations, some of which are described by U.S. Magistrate Judge Morton Denlow (Chicago) in a reprinted article appearing in Chapter 5, p.212 of Volume One of the Creative Problem Solver's Handbook for Negotiators and Mediators (ABA 2005). This technique works effectively in a two-party dispute or in a multiparty dispute where the separate group of parties (plaintiffs and/or defendants) must agree to propose or to accept a global amount in settlement. If the parties agree to use this technique, the procedure is as follows. This technique is most commonly used when the parties reach a bracket in negotiation or mediation but are unable to close the gap through the use of ordinary negotiation techniques. In this procedure, as a last resort, each party confidentially submits a bid to the mediator. For the plaintiff, the bid represents the lowest figure that the plaintiff will accept to settle the case; for the defendant, the bid represents the highest figure the defendant will pay to settle the case. Only the mediator knows both (or all) the figures submitted. By pre-agreement, the parties decide what they will do depending on the outcome. For example, they can pre-agree that if they are X dollars apart, the mediator will disclose the numbers and they will split the difference. They can also pre-agree that if they are only Y dollars apart, the mediator will not disclose the actual figures, but they will continue mediating (or negotiating). Finally, they can also pre-agree that if they are more than Z dollars apart, the mediator will not disclose the figures, and they will conclude the mediation. This procedure encourages the parties to submit realistic bids in order to avoid the substantial risks and expense of proceeding to trial.
I have used this technique effectively in resolving a multi-million dollar dispute between most of the Native American tribes in the United States and several agencies of the federal government.
I encourage mediators and advocates in mediation to experiment with these two techniques in resolving monetary disputes. They are often very effective in breaking impasse and bridging gaps between settlement offers.
* John W. Cooley is a NITA author, a former U.S. Magistrate in Chicago, and he currently serves as a mediator and arbitrator on the JAMS dispute resolution panel in Chicago, Illinois. Apart from the NITA mediation publications cited above in this article, Mr. Cooley has also authored two other NITA publications: Arbitration Advocacy (2d ed. 2003) and The Arbitrator's Handbook (2d ed. 2005).
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NITA's National Session: Then and Now |
NITA's first National Session was in 1972, and has continued each summer since. "The Nationals" is NITA's hallmark program, the longest and most comprehensive offered, and has trained hundreds of attorneys in effective advocacy technique. According to two participants who attended the session thirty-six years apart, the benefits of the program are still legion, and no vigor-from faculty or participants-has been lost.
 The first National Session was four weeks long, and six days a week. Back then, participants lived in dormitories at the University of Colorado. "We were eating, sleeping, and breathing trial advocacy all the time while we attended. We tried four different trials during that time," said Prof. Leo Romero (pictured left) who is the Interim Dean at the University of New Mexico School of Law, a NITA Program Director, and member of the NITA Board of Trustees. "Now, the program has been shortened to two weeks. However, the participants still receive a high level of instruction and practice." "The rigorous schedule and intensity of the program is purposeful to simulate a two-week trial," said James E. Oliver (pictured below), Regional Legal Staff Attorney at American Family Insurance in Portland, Oregon. "You cannot substitute that kind of real life infliction of stress and intensity without a real trial - this is the closest thing."
When asked about the most memorable aspect of Nationals, both were impressed by the input from the faculty and jurors. Romero said, "What I learned was absolutely amazing. I had already been a trial lawyer and had tried a number of cases before attending." Even then, "the learning curve was extremely high."
The faculty continues to be the draw for modern participants. Oliver said, "The willingness the faculty shows just to be there, taking time from their firms and jobs, was outstanding. Generally, they have all given one tidbit that can influence me to be a better litigator, and litigation manager. Individually, they each had unique styles and we all learned tips and suggestions from each of them that are unique to them." Said Romero, who has come to teach many programs since his first as participant, "My team leader was Professor John Kaplan of Stanford and became a mentor to me."
"The camaraderie that developed was incredible," said Romero. "We were learning, stumbling, getting back on our feet all together." Oliver also valued the friendships that he developed. He remarked that one of the best things about the program was getting to meet people from all around the country and the world. "I would like to think that both participants and a few faculty would be lifelong friends, confidants, and resources." Oliver and some colleagues formed a group email list to stay in touch, a benefit not afforded to the participants before the age of the Internet. However, the connections can last regardless of technology. "I've maintained lifelong friendships from my time at Nationals," said Romero.
Would Romero recommend the Nationals to lawyers new to law practice? "I say it's the best trial advocacy course in that learning by doing as a methodology is tried, tested and proved to be the most effective way to learn trial skills." And the newer generation seems to agree. "This is not your typical CLE - you will work harder than you have ever thought before. The benefits are legion and experience is unequaled."
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Nationals - Internationally |
The 2007 National Session was attended by scholarship recipient Louis Gumbi, a lawyer from South Africa. He traveled from Johannesburg to Louisville to spend two weeks learning the art of advocacy. Accompanied by select NITA staff members to the Boulder County Justice Center to watch a trial, he recently wrote of his experience observing American court proceedings, "It was interesting to compare South African and American proceedings, in particular, to observe the role of the Judge during jury trial proceedings in deciding questions of admissibility of evidence where questions of guilt are determined by the jury." The Nationals program had several lawyers from around the world. Gumbi noted, "Trial lawyers who attended the program came from all over the United States and others came from Malaysia and Mexico."
Gumbi experienced NITA's unique learning-by-doing method to the full hilt. "The first week felt like a month to all trainees." Gumbi noted that he and his partner won their first mock trial, but the jury decided for the other team in the second trial. "Having attended the program, I am firmly of the view that continuous legal education should be incorporated into the profession."
Though they compose the overwhelming majority of the population, black lawyers only make up about a quarter of the legal profession in South Africa. An even smaller percentage of black South Africans go into commercial practice, and most corporate firms continue to be white-led and white-owned.
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Program Director Q&A: Matthew Williams |
 In an effort to highlight and introduce NITA's faculty, program directors, and authors to the NITA community, we will periodically publish a personal interview. In this issue of NITA Notes we are talking to new NITA Program Director, Matthew Williams of Matthew Warren Williams, LLC in Auburn, Washington.
NITA: A little bit about you. What is your legal background?
Matthew Williams: Varied. What can I say - I have a short attention span. I did criminal appeals in Nebraska, post-conviction relief and civil litigation in Iowa, aviation enforcement work for the FAA, as well as casualty and commercial litigation in Washington State. Now I wear a number of hats ranging from general manager, law professor, advocate, and judge.
NITA: How did you come to know NITA? What is your knowledge and experience of the organization's publications and programs?
MW: I was introduced to NITA by Ron Williams, Stan Davis, and the Hon. Tom Marten back in the late 1980s at a program designed for aviation prosecutors. I persuaded my employer to send me to the NITA Advanced Trial Skills Program that was being held in Boulder. There, I met Lonny Rose in his role as program director, and I got to know (and appreciate) the subtle humor of Dave Malone and the Honorable Mark Drummond.
NITA publications and case files permeate the legal education field, so it is hard to teach trial advocacy without using one of the many files that the NITA community has created. I've used NITA case files and materials at more programs and for more classes than I can count. The Effective Deposition by Malone, Hoffman, and Tony Bocchino [$85, © 2007, Rev. 3rd Ed., ISBN 978-1-60156-047-6] is especially valuable, and I've bought copies of it every time I hired new attorneys.
NITA: How has NITA (or NITA training/experience) played out in your practice?
MW: The skill sets that we teach and practice at NITA have helped me in the courtroom, the deposition room, and not surprisingly at the negotiation table. But those same skills (presentation and organized inquiry) are invaluable in a lot of other settings. I use those skills in the board room, in business meetings, and in order to be an effective manager - and occasionally to worm information from my teenage daughters.
NITA: Describe your greatest success.
MW: Worming information from my teenage daughters.
Seriously, I love watching the attorneys with whom I've worked succeed. Sometimes those successes come in small, unremarkable packages, but have profound impact on the attorney as well as the client. Sometimes those successes are dramatic, headline quality, and sometimes it's just a matter of conquering a fear or a problem that has kept the attorney from personal or professional success. Either way, I love being part of the solution!
NITA: Describe the program you will direct in two sentences.
MW: The Northwest Deposition Program has a long history of effectively training litigators in the skill sets that are crucial to obtaining and using information in representing clients. We are continuing to innovate, by adding live court reporters for example, groom seasoned faculty, and making sure that we are teaching this latest generation of advocates how to EFFECTIVELY use the new technologies that are confronting today's practitioner.
NITA: Why do you think an attorney should attend a NITA program?
MW: NITA programs offer a chance to get in and DO it. This is the best of theory, doctrine, and actual "roll up the sleeves" practice. If you want to succeed, you want to prepare. If you want to prepare to practice law with confidence, you want to go to a NITA program.
NITA: What do you think NITA's impact has been and continues to be?
MW: NITA broke the ground for the concept of "learning by doing" for legal professionals (vs. the old "sink or swim" philosophy that many of us got thrown into). NITA's challenge is to stay ahead of the many late entrants into this educational market. To do that we'll need to continue to recruit and train the best advocates how to teach the skills that they love to practice.
NITA: What else do you want the NITA community to know?
MW: It doesn't rain that much in Seattle. We have every climate known to humankind within two hours of downtown Seattle, and a diverse and vibrant business core. We also have some top-notch trial and transactional lawyers who love what they do, and love to teach what they know. Come visit us!
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Case Study Highlights Dinsmore & Shohl Success with NITA's In-House Programs |
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Organization: Dinsmore & Shohl, LLP with offices in Ohio, Kentucky, Pennsylvania, and West Virginia.
Challenges: Like in many mid-sized firms, Dinsmore associates are often not able to accompany more experienced lawyers to court, depositions, or negotiations. Because there are few opportunities to observe and learn, Dinsmore management needed to find an alternative means to provide the experience necessary so that associates may develop the necessary skills and confidence.
Solution: Beginning in 2000, Dinsmore chose to work with NITA to develop and conduct in-house programs. Dinsmore decided to partner with NITA on its associate development efforts because it recognized the need to incorporate practical skills training early on in an associate's career. Dinsmore believed that this practical skills training approach would increase job satisfaction and retention rates. More importantly it would increase client satisfaction because associates were ready when called to take or defend a deposition or argue a motion.
Results: Advocacy skills are obtained through experience and practice and Dinsmore partners report that skills do improve markedly after each of the two-day NITA programs. However, the most compelling result seen by Dinsmore in-house faculty who teach alongside NITA faculty is often the increased confidence displayed. This increase in confidence exists because both associates and assigning partners feel that associates are far better prepared than they would be without the NITA training.
Their Story: "When I started practicing over twenty years ago it was much more prevalent for associates to attend depositions and hearings with partners and help out," said Greg Harrison, Partner and Associate Education Director for Dinsmore. "Now, with increased emphasis on efficiency and cost control, those opportunities are increasingly rare. It is more challenging to find ways for associates to receive hands-on experience."
NITA programs offer a means to develop advocacy skills in a productive format. This training contributes to an advocate's muscle memory by allowing participants to practice skills so that later on while in court he or she can recall the work done at the NITA program.
"NITA is the premier organization for lawyer skills training," said Harrison. "With NITA's 35 years of experience doing this for attorneys, we recognize that the NITA in-house programs in our controlled environment is something truly invaluable to the firm."
Dinsmore has held about two programs each year for their associates that address the evolving needs of junior, mid-level, and senior associates. Programs like Motions Practice and Depositions Skills are given during the first four years of a career, while more experience-appropriate programs like e-Discovery, Building Trial Skills, and Supervisory and Leadership Skills are held for associates in years five through eight.
Toby Schisler, a partner with Dinsmore, has participated in four different NITA trainings and said that he finds himself incorporating things that he's learned into his practice every day, particularly the importance of building a theme in a case.
"The NITA slogan 'learning by doing' really is true," Schisler said. "I've been to other seminars where they say 'here's how to take a good deposition,' and it's just not as effective."
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People In The News |
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If you or one of your peers would like to be included in the Hearsay section of NITA Notes, please e-mail us at marketing@nita.org to let us know about your awards, settlements, verdicts, position change, or other accomplishments.
Robert M. Manley Named One of the Best Lawyers in Dallas
Robert M. Manley, a principal at McKool Smith in Dallas has earned recognition in the Best Lawyers in Dallas list in D Magazine and the Texas Super Lawyers list in Texas Monthly. Manley serves as a NITA faculty member for Southern Regional programs, and as an adjunct professor at Southern Methodist University's Dedman School of Law. Manley represents clients in a variety of investor litigation matters, and has a proven track record on behalf of financial institutions, hedge funds, and individual investors which is why so many clients call on him for representation in credit crunch litigation.
The College of Labor and Employment Lawyers Induct Mark D. Risk as Fellow
The College of Labor and Employment Lawyers is proud to announce the election of NITA Faculty member Mark D. Risk of New York City as a newly elected Fellow. Election as a Fellow is the highest recognition by one's colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence.
The twelfth installation of Fellows will be held September 13, 2008 in Denver, Colorado, coincident with the American Bar Association Labor and Employment Law Section's Continuing Legal Education Conference. With the current installation, the College is represented by over 950 members in 42 states, the District of Columbia, Puerto Rico, and Canada.
The College was the vision of a number of the Fellows. The idea was to further establish this profession in all its aspects as one uniquely important to the world of labor and employment law, individual rights, collective bargaining, and dispute resolution. The College was established in 1995 through an initiative of the Council of the Section of Labor and Employment Law of the American Bar Association. It operates as a free standing organization recognizing those who, by long and outstanding service, have distinguished themselves as leaders in the field.
Risk practices employment law in New York City. He is active in the labor and employment bar, including as editor of Labor and Employment Law, the quarterly newsletter of the ABA Section of Labor and Employment Law. He also serves on the Advisory Board of the NYU Law Center for Labor and Employment Law, and as a member of the adjunct faculty at Hofstra Law School. | |
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The Docket |
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Trial Advocacy |
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Teacher Training
Public Service
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| Featured Program: Advanced Advocates: D.C. |
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If you're an experienced practitioner Advanced Advocates: D.C. is for you. This intense course will bring you to a new level of expertise as you integrate cutting edge focus group techniques into case planning. You will work side-by-side with top litigators and your peers in tight-knit trial teams. Using the NITA learning-by-doing method you will practice the more sophisticated advocacy skills. All performances are videotaped then reviewed one-on-one with a faculty member.
Learn To:
· Identify, then solve, problems associated with a side of the case
· Develop a plan of action for trial
· Craft influential opening statements, witness examinations, and closing arguments
· Work extensively with expert witnesses
· Enhance your performance by utilizing state-of-the-art courtroom technology
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| Featured Publication: Mediation Representation: Advocating in a Problem-Solving Process |
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Harold I. Abramson
$65, 468 pp., 2004, ISBN 978-1-55681-9
Surprisingly little has been written on how to represent clients in mediation as a problem-solving forum. In this groundbreaking book, Hal Abramson offers a bold methodology for problem-solving advocacy--the skills that lawyers are most likely to need in their legal practice.
During mediation, Abramson says, you should negotiate using a creative problem-solving approach to achieve the two goals of meeting your client's interests and overcoming any impediments to settlement. Your negotiation strategy should take specific advantage of the presence of a mediator at each of the six key junctures in the mediation process.
This mediation formula provides a framework for answering such persistent mediation representation questions as: What types of cases are suitable for mediation? How do you approach the other attorney about using mediation without looking weak or desperate? How do you prepare your case and client for mediation?
Abramson begins by discussing how to be an effective negotiator. Mediation, he reminds us, is simply a continuation of the ongoing negotiation. He then explores the mediation process from the vantage point of an advocate, focusing on the different stages of mediation, the function of opening statements, the use of joint sessions and caucuses, and the various approaches and techniques of mediators. The next five chapters cover the knowledge and skills needed to effectively perform four specific roles in mediation representation: advising your clients about the mediation option, negotiating an agreement to mediate with other attorneys, preparing cases and clients for the mediation session, and appearing in the pre-mediation conferences, mediation sessions, and post-mediation sessions. The final chapter presents alternative processes for resolving any remaining issues in the event that the mediation does not result in settling all the issues.
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| Jim Jeans Memorial Scholarship Recipient |
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Because of the generosity of an anonymous donor, an endowment fund was established at the NITA Foundation in honor of late NITA pioneer Prof. Jim Jeans, an invaluable member of NITA's faculty.
The Jim Jeans Memorial Fund recognizes the work of lawyers in underserved communities by providing scholarships to attend the National Session. Jim Jeans was long recognized for his innovative teaching style and tireless commitment to serve others. Jeans exemplified the core values of NITA through his commitment to excellence, ethics, diversity, inclusiveness, justice, and, most importantly, giving back to others. This particular honor is bestowed up on a lawyer championing the interests of his or her clients in the name of "justice for all." This year's recipient, Tomás Rodriguez (pictured above left with Charles Atwell), is an advocate who is ardently committed to serving the indigent and disenfranchised through public and community service. Rodriguez is a State Public Defender for Iowa. He is also an instructor in the Department of Management at the University of Northern Iowa. Previously, he was an assistant public defender in the Waterloo Adult office, a Legal Services attorney in Corpus Christi, Texas, and private law practitioner in Muscatine, Iowa. Rodriguez's many community leadership activities over the years include serving on the Board of Directors of the Waterloo chapter of the American Red Cross, Black Hawk County Bar Association Community/Equality in the Courts Task Force, and Director of the Muscatine Legal Services Board of Directors. The NITA Foundation proudly recognizes Tomás Rodriguez for his service to the legal community. Through a gift to the Foundation's scholarship program, one act of generosity is magnified by the work of each recipient in his or her community, and the many lives touched by that generosity. To learn more about the Foundation's scholarship program or becoming a donor please contact the Foundation via e-mail at foundation@nita.org. |
| Alumni Survey Results Show Marked Improvement in Skills and Confidence |
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During July, approximately 7,500 public program alumni who attended at least one public program from 2004 to date were surveyed on their NITA experience, current market conditions and other topics.
Skills/strategy development (the NITA method) was the overriding reason lawyers chose NITA. Eighty percent reported the effect of NITA training on their trial success rate was "meaningful" or "substantial". Ninety-seven percent reported extreme or significant improvement in skills and increased confidence due to NITA training. If you are interested in finding out more of the results, send an email to marketing@nita.org.
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| Testimonials Good Enough to Share |
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"Looking back over the week, it is amazing the skills I learned. It was also enjoyable to see each and every participant in the program grow and improve with each day. I hope NITA continues to provide programs this excellent. It is a most worthy public service."
--Alan P. Jacobus, Carroll, Burdick & McDonough, San Francisco, CA
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| The Most Elite Advocates of Our Time |
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The list of all 2007 NITA faculty can now be found on www.nita.org/2007nitafaculty. If you are a faculty member and have taught in the last year, feel free to add this link to your online professional bio along with the NITA logo, which can be downloaded from www.nita.org/banners. Make it known that you are among the country's most elite advocates.
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| UNC Now Accepting Applications |
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The University of North Carolina at Chapel Hill, School of Law invites applications for a full time faculty position beginning Fall 2009 in the field of Evidence Law.
Experienced teachers will be considered for this position which is available on a tenure
track or tenured basis depending on the qualifications of the candidate. The responsibilities of the position will include direction and administration of the School's Trial Advocacy Program. The ideal candidate will have an outstanding record as a scholar and teacher of evidence, as well as experience relevant to administering the trial advocacy program.
This candidate should be able to teach one or more of the following first year classes Civil Procedure, Contracts, Criminal Law, and/or Torts. Applicants must have passed a bar examination in the United States.
Applications will be accepted until the position is filled. The University of North Carolina at Chapel Hill is an Equal Opportunity Employer. Applications must be made electronically at http://hr.unc.edu/jobseekers/search.htm.
Confidential inquiries are welcome. Those inquiries can be made to our Faculty Appointment Committee Chair, Professor Mark Weisburd, by phone at 919-962-8515 or by email at amw@email.unc.edu. For more information about the UNC-CH School of Law, please visit our website: www.law.unc.edu.
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| The NITA Blog |
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Visit the NITA Blog to read -
Gaining Consensus and Approval for NITA Programs at Your Firm
by Tom Hintz
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| About NITA Notes |
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NITA Notes is published monthly by e-mail and covers topics of interest to the NITA community.
To subscribe to the newsletter or to view archived issues of NITA Notes visit www.nita.org.
To submit story ideas, to write for the Best Practices section of NITA Notes, or to publish a professional announcement, please contact Jennifer Long at 303.953.6841 or jlong@nita.org.
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