Alternate Dispute Resolution (Course Number 6013)
Alternative Dispute Resolution in the Workplace (Course Number 6903)
Business Planning (Course Number 5213)
Conflict Resolution (Course Number 6343)
Civil Pre-Trial Practice (Course Number 4993)
Interviewing and Counseling Clients (Course Number 500V)
Mediation In Practice (Course Number 7073)
Negotiations (Course Number 500V (3))
Solo Practice Planning (Course Number 5093)
Trial Advocacy (Course Number 6203)
Advanced Mediation Clinic (Course Number 7072)
Immigration Law Clinic (Course Number 500V)
Legal Clinic - Civil (Course Number 6923)
Legal Clinic - Criminal - Juvenile Defense (Course Number 6963)
Legal Clinic - Criminal Prosecution (Course Number 6473)
Legal Clinic - Federal Practice (Course Number 6373)
Legal Clinic - The Innocence Project (Course Number 6433)
Legal Clinic - Transactional (Course Number 6393)
Advanced Clinic (Course Number 500V (3))
More than 90% of cases filed in court will settle before trial. Many more disputes are resolved before a complaint is filed. This course explores the processes lawyers use as alternatives to litigation for resolving various types of disputes.
Students will consider alternatives to formal litigation, including negotiation, mediation, arbitration, mini-trial, summary jury trial, “rent-a-judge” and other special procedures. Students will engage in role-play exercises that illustrate the mechanisms of these processes and discuss their experiences. They will learn which methods work best in contract and tort matters, family law, labor relations, community disputes and a host of other controversies. A basic goal of the course is to give students knowledge and methods useful in aiding a client to select the best path for resolving his or her problem.
There is a final exam. In addition, a portion of the grade will be based on class attendance, participation in class discussion, performance in simulated exercises, and critiques following the exercises.
The employment relationship has experienced increased legal regulation in recent decades. This naturally produces a great number of workplace claims, many of which are settled by alternative dispute resolution (ADR) mechanisms such as arbitration and mediation. This course explores the legal status and practical application of ADR in the workplace. It begins with, and focuses on, the most successful alternative to litigation, labor arbitration. It then examines labor arbitration’s first cousin, individual employment arbitration. Finally, the course considers mediation of workplace disputes and several other forms of ADR such as Open Door Policies, Ombudsmen, and Peer review Systems.
Course objectives are (1) to review the history, legal status, nature and practice of ADR in the workplace, and (2) to develop the skills necessary to use alternatives to litigation in workplace disputes.
The doctrinal component is developed through assigned readings and class discussion. The skills component is developed through a series of group and individual exercises.
Successful completion of this course satisfies the law school’s graduation skills requirement. Students are graded on class participation (20% of final grade), and on a series of exercises and projects (80% of the final grade). There is no final examination.
Business Planning revolves around a series of simulation exercises, all of which focus on the start-up stage of new business enterprises. There are a series of simulated client interviews, and a mock negotiation, mediation and arbitration (one of each). During the semester, students also are required to draft a series of documents, beginning with a client representation letter and ending with the organizational documents necessary to form a viable business for the fictitious clients.
The class requires students to demonstrate an understanding of and appreciation for a lawyer’s ethical responsibilities in a transactional setting, as well as requiring students to integrate business law, tax concepts and related issues into written work product.
Students are selected for the course based on criteria established by the professor and demonstrated in a written application submitted during the pre-registration period. The selected students then are enrolled in the course by the professor at the end of the enrollment period. Students may not enroll themselves.
Students are graded on class participation, which accounts for a significant portion of each student’s final grade, and a series of drafting projects which range from 15-50% of the total grade. There is no final examination.
Prerequisites: Business Organizations and Federal Income Taxation of Individuals. This course is taught only once per year, and may not be offered every year.
Conflict Resolution explores various methods utilized in the legal profession for resolving disputes voluntarily in our society. Most legal disputes are resolved without going to court, primarily through negotiation, mediation, arbitration and related processes. Students will develop conflict resolution skills by personally participating in a series of simulation exercises specially designed to identify and apply these processes. Class readings/discussion on theory and practice will be followed by student simulations to illustrate this material and the advantages and pitfalls involved with each method. The simulations will involve court-ordered pre-litigation methods, business, corporate, family and property disputes, workplace conflicts, and community, environmental and other socio-economic societal problems, with an emphasis on resolving the interests involved and avoiding litigation.
There are no prerequisites as this course is designed for second and third year law students who have become familiar with a wide variety of legal disputes from required courses taken in the first year. Students will be able to gain practical experience in first utilizing the negotiation process for dealing with various disputes and then the alternative avenues of dispute resolution when negotiations fail to resolve them. The integrated exercises will provide intensive personal experiences based upon the kind of disputes the students will encounter after law school whether in private practice, corporate law departments, government service or community legal services organizations. There is no final examination.
Students in this course act as the attorney of record in a simulated civil litigation case from the initial client interview through the pretrial conference with the court. The course focus is on the the student’s mastery and use of the ethical, substantive and procedural rules that govern the civil litigation process, and the development of the lawyering skills necessary to effectively represent a client in a civil case. Students are assigned to represent the plaintiff or defendant in one of several civil cases, including contract disputes, tort claims, and statutory actions. Although students may be paired into partnerships, each is individually responsible for most assigned tasks. Students are responsible for playing or providing others to play the roles of clients and witnesses in cases assigned to other students in class.
Students will engage in the following activities: 1. Initial client interview, including preparation of a memorandum to the file and retention letter/fee agreement; 2. Developing legal theories and associated elements of proof appropriate to the subject matter and factual basis of the case; 3. Drafting pleadings; 4. Motion practice, including drafting and argument of a pre-answer motion, motion for entry of default or to set aside and entry of default; 5. Drafting and arguing a discovery motion; 6. Removing a case to the United States District Court; 7. Adhering to rule-mandated deadlines and court-ordered discovery schedules; 8. Drafting and responding to interrogatories, requests for production of documents, and requests for admissions; 9. Identifying issues appropriate for expert testimony, and selecting and retaining experts in appropriate fields.; 10. Depositions, including preparing the witness for his/her deposition, drafting appropriate discovery notices, and taking and/or defending a deposition; 11. Dispositive motion practice, including the determination of appropriate issues and the drafting and arguing of a motion for summary judgment; 12. Negotiating and documenting a settlement; and 13. Preparing for and attending a pre-trial conference, and drafting a proposed pre-trial order.
As to each activity, students will read appropriate textual materials and engage in a discussion of the legal, ethical and professional issues raised by the activity. Students will prepare, perform and critique each activity. Students are graded on their performance and written work product.
Pre-requisite: Civil Procedure
The class follows the approach of “First we learn, then, we practice what we’ve learned.” The class meets each week for two classes of ninety (90) minutes each. Generally, the first class will be an in-depth discussion of the assigned chapter(s) from the textbook. The class also will review and discuss movie clips that pertain to the assigned reading. Each student is expected to have read the material before class so that he or she can engage in discussion, rather than listening to a lecture.
The second weekly class will involve in-class practice of the skills discussed in the previous class. Students will role play the attorney or client based on fact patterns that raise different issues for the attorney during interview and counseling. The remainder of the class observes and critique, based on instructions and a format provided by the professor. In addition, each student will complete a written critique of the performance and submit it to the professor at the end of the class. The class will perform and critique two role plays during that class. Each student will be required to perform as a “client” and as an “attorney.”
Grades will consist of the following: Fifty percent (50%) of the grade will depend on class participation, which includes: (1) Attendance (10%), (2) Performance of in-class interviewing and counseling practices (15%), (3) Quality of your in-class critiques of the I&C practices (10%), and (4) Participation in class discussions (15%). The remaining fifty percent (50%) will be determined by the quality of taped interview and counseling sessions that will be scheduled toward the end of the semester (25% for the taped interview and 25% for the taped counseling session).
There is no final examination. There are no prerequisites.
This three-credit course will train you to mediate disputes using simulation exercises. After the skills have been conveyed, you will observe the mediation of real cases referred to the Northwest Arkansas Mediation Project Inc. by the Benton and Washington County Circuit Courts, the Equal Employment Opportunity Commission, and other entities. If the number of referrals permits, you will be able to co-mediate a case.
This course particularly will benefit those who are interested in family and employment law, and the interface between mediation and the courts, but anyone with a general interest in how our society deals with these issues is welcome.
Class meetings will be “front-loaded”. While scheduled on Wednesdays from 3:40 to 6:40 pm, class will not meet at those times through the full semester. In weeks one through ten, we will meet on the day as scheduled. Beginning in the eleventh week, the full class will not meet, while individual students will be scheduled to observe mediations on day of the week. Later in the semester, students will be assigned to co-mediate mediation cases with experienced mediators.
At the moment, most mediation cases come from the Benton County Circuit Court and Washington County Circuit Court and take place in those counties. They may be juvenile, family, or civil cases. Other cases are assigned for mediation by the Equal Employment Opportunity Commission.
Special registration procedure:
Students wishing to register for this course should prepare a one-page memo for Professor Mullen, stating
(1) any previous involvement you may have had with mediation,
(2) why you want to take the course,
(3) your e-mail address, and
(3) your year in law school.
The note may be sent by e-mail (medproj@gmail.com), or put in writing and placed in the Professor’s mailbox which is located in the administration offices listed under "Mullen". Notes must be submitted on or before April 1, 2008. Admitted students will be notified of acceptance on or before April 7, 2009. Registration in the course is performed through the Professor. You CANNOT register for this course on your own.
This course satisfies the skills requirement. There are no prerequisites. Registration is limited. For further information on the class, please e-mail Professor Mullen at medproj@gmail.com.
This course focuses on the basic legal skills involved in planning for and engaging in negotiations on behalf of clients in a wide array of settings. In addition to assigned reading on these subjects, students will be involved in a series of role-play simulation exercises to develop these legal skills. Each role-play exercise typically includes five phases: introduction to the subject, planning, performance, critique, and overview. Students study the problem presented by an exercise, analyze the client’s objectives and the means available to achieve them, design a proposed course of action, anticipate difficulties that may arise, and prepare to meet them. After performing, students review their own and others’ work, discussing questions about motivation and choices made, and improving their skills.
You will be working with other students to complete the work. We will begin each segment with shorter exercises, then we will move to others that are more involved. Some of the exercises may be videotaped for class discussion.
Because group work is a major part of the course, class attendance is mandatory. In addition, participation in all exercises, timeliness in meeting appointments and scheduled sessions, clarity and conciseness in the required written components, research quality and thoughtfulness in analytic memoranda, and your handling of the usual emergencies and demands of life that affect your work will be considered in a portion of your grade.
Your grade will be determined as follows: one-third of the grade will be based on attendance and participation in the short exercises and class discussions and your professionalism in handling course demands; two-thirds will be based on your performance on the two major exercises (one-third each). The two major exercises will be subject to detailed review by each student participating in that exercise and the professor. For both of these major exercises, students will complete an individual written critique and participate in a small group review and discussion. There is no final examination.
This course is designed for students who intend to practice law by opening an office on their own or joining with one or two others immediately after admission to the bar. Creating or joining a solo or small firm practice requires the new lawyer to learn how to operate a small business at the same time as he or she learns to be a lawyer. Both activities are fraught with danger.
Knowledge and planning are key to building a successful practice and avoiding trouble -- with clients or the disciplinary committee. Disciplinary complaints are brought against sole practitioners more often than against other lawyers and more than 40% of malpractice claims involve administrative and client relations errors. Knowing the law is not enough.
Class discussion includes topics relating to operating a small business, e.g., financing, office space, staff, equipment, research, insurance, taxes, and marketing. Guest lecturers will include those with specialized knowledge in these areas and lawyers who have themselves established successful small practices and will share their experience.
During the semester, students also will take responsibility for presenting one class topic with a partner, and will perform a number of small related drafting tasks. Students will investigate the geographic locations where they intend to practice, determine the resources they expect to have available to them, learn about the costs they will face, and analyze the nature of their competition. The major effort in the course will involve the preparation of a realistic, written business plan for opening the student’s solo practice, based on his or her individual goals.
Grades are based on attendance, participation in class discussion, and conducting a class session (50%) and the final business plan (50%). There is no final examination.
Trial Advocacy is an introduction to actual trial work and trial techniques through simulated exercises and a mock trial. The class is conducted in three phases - Written preparatory assignments (10% of grade); Oral classroom assignments (40% of grade); and the Big Trial (50% of grade).
The objectives and the systematic method for teaching the students in this class are clearly laid out in three sources, a comprehensive syllabus, standard textbook, and various student aides found on the instructor’s web page. The first set of skills performances is based on selected readings. Based on these readings students prepare and submit four written trial documents. The instructor will evaluate each written document, assess each student’s work product and provide each student with an individual critique.
Thereafter, students perform six exercises: pretrial conference, voir dire, opening statement, direct examination, cross examination, and closing argument. The instructor will evaluate each performance, assess student competence level in each skill set and provide each student with a written and an oral critique.
Finally, the class will be divided into two-person teams. Two teams will be assigned to present one side of a civil or criminal case in a three-hour trial before a twelve-person Jury (composed of UA students). During the teams’ presentation, each student will be required to perform an opening statement or closing argument, a direct and cross examination, and participate in a pretrial conference. At the end of the trial, the instructor will evaluate and critique the performances of each student. The Jury will complete a three-page evaluation on each student performance. The instructor will assess the Jury evaluations and discuss with each student. There is no final examination.
Prerequisite: Basic Evidence
This two-credit course is available only during the Fall Semester. Students in the Advanced Mediation Clinic will co-mediate civil, juvenile, and domestic relation cases referred to the Northwest Arkansas Mediation Project by Circuit Courts and attorneys in northwest Arkansas and the Equal Employment Opportunity Commission. Students will work with experienced mediators and the clinic supervisor, who will review their performances on an individual basis.
Students are required to co-mediate two (2) mediations by the end of the semester through the Mediation Project. Students will be required to perform the lead mediator functions such as giving the introduction to the mediation and writing the mediation agreement at the conclusion of the mediation.
Students, in groups of two or three, are required to present to a local civic or community group a one (1) hour presentation about mediation.
The classroom component involves meeting once every three weeks for two hours. During class sessions, students will discuss issues and problems raised by their mediations and assigned readings from law reviews, cases, statutes and periodicals in the field that concern current issues in both the policy and procedure of mediation.
Prerequisite: Mediation in Practice
This six-credit course may be taken upon completion of the prerequisites below. The course is offered in both the Fall and Spring semesters.
The Immigration Law Clinic provides opportunities for students preparing for a career in immigration law or general practice by developing skills that are critical in legal practice through an experiential learning model. Working under the supervision of a clinical faculty member, students enrolled in the Immigration Law Clinic will represent sectors of the immigrant population for graded credit. The Clinic is divided into a seminar component and a practical component. The seminar will provide basic legal knowledge in substantive immigration law and subjects specific to representing individuals in Immigration Court, such as working with interpreters and the impact of the administrative nature of the court system.
In the practical aspect of the clinic, students will represent clients before the Citizenship and Immigration Services, Executive Office for Immigration Review, and potentially work on appellate cases in the Federal Circuit Court.
Prerequisites: Civil Procedure, Criminal Procedure, and Professional Responsibility. Preference will be given to students having taken Immigration Law, Public International Law, and/or Terrorism, National Security, and Human Rights Seminar. There is no final examination for this course.
This three-credit course may be taken upon completion of the pre-requisites listed below. The course is offered in both the Fall and Spring semesters.
This course provides opportunities to develop lawyering skills by representing clients in the civil cases before courts in Northwest Arkansas. Student Attorneys provide full representation to their clients and utilize all the appropriate lawyering skills, including interviewing and counseling, fact investigation, legal research, case theory development, motion practice, discovery, negotiation, and trial practice. Students are licensed under Rule XV, Arkansas Rules Governing Admission to the Bar, and appear as the attorney of record for their clients. All legal work performed by clinic students will be supervised, reviewed and critiqued by clinic faculty members with substantial practice experience. Constructive feedback on students’ performances also comes from judges and clients.
During the semester, students may handle a variety of civil cases: landlord-tenant law, including unlawful detainer actions; family law cases (including divorce, adoption, paternity actions, and child custody); consumer law, (including contract, fraud, and replevin); and other areas such as probate, tort, and contempt. There is no final examination.
Pre-requisites: Forty-eight (48) hours of course credit at the law school, Civil Procedure, Criminal Procedure or Bail to Jail, Evidence, Trial Advocacy, and Professional Responsibility. Students must be in good standing and qualify for admission pursuant to Rule XV of the Arkansas Supreme Court Rules Governing Admission to the Bar (student practice rule). Copies of Rule XV are available from the Clinic office. Admission is by clinic lottery.
This three-credit course may be taken upon completion of the pre-requisites listed below.
The Juvenile Defense Clinic is typically offered each Spring semester. Students represent juveniles charged with delinquent acts which, if committed by adults would be crimes, in the Washington County Circuit Court, Juvenile Division. Student Attorneys provide full representation to their clients in both misdemeanor and felony matters. These cases will call upon the student attorney to utilize a variety of lawyering skills, including interviewing and counseling, fact investigation, legal research, case theory development, motion practice, discovery, negotiation, and trial practice. Times for appearance are set by the court as each case dictates. Consequently, students must be flexible in their scheduling. Students receive cases directly from the Washington County Public Defender’s Office.
The Juvenile Defense Clinic includes a weekly classroom component. All legal work performed by the clinic students will be reviewed and critiqued by the clinical professor. Generally, the cases conclude by the last week of classes and, if not, the cases are returned to the Public Defender’s Office. Students must keep office hours at the clinic for two (2) hours each week. Additionally, each student will meet with his or her supervising attorney weekly. There is no final examination.
Pre-requisites: Forty-eight (48) hours of course credit at the law school, including Criminal Law, Criminal Procedure or Bail to Jail, Civil Procedure, Evidence, Professional Responsibility, and Trial Advocacy. Students must be in good standing and qualify for admission to practice pursuant to Rule XV of the Arkansas Supreme Court Rules Governing Admission to the Bar (student practice rule). Admission is by clinic lottery.
This three-credit course may be taken upon completion of the pre-requisites listed below.
The Prosecution Clinic is typically offered each Fall semester. Students in this clinic work as deputy prosecuting attorneys in the Fayetteville District Court on a variety of misdemeanor offenses. Cases are prosecuted on Wednesday, with plea negotiations occurring in the morning, and sentencing and trials beginning in the afternoon. Clinic students must be available all day on the Wednesdays they are assigned such duty. In addition to prosecuting cases, each student will complete two citizen intake interviews at the Fayetteville City Prosecutor’s Office. Each student will be assigned cases scheduled for trial on at least three Wednesdays during the semester. In addition, each student must keep office hours at the law school clinic for two (2) hours each week. Each student meets with his or her supervising attorney weekly.
Student Attorneys provide full representation on behalf of the City of Fayetteville and utilize all the appropriate lawyering skills, including interviewing and counseling, fact investigation, legal research, case theory development, motion practice, discovery, negotiation, and trial practice. All legal work performed by clinic students will be reviewed and critiqued by the legal clinic faculty and by presiding judges. Generally, assigned cases conclude by the last week of classes.
There is no final examination.
Pre-requisites Forty-eight (48) hours of course credit at the law school, including Criminal Law, Criminal Procedure or Bail to Jail, Civil Procedure, Professional Responsibility, and Trial Advocacy. Students must be in good standing and qualify for admission to practice pursuant to Rule XV of the Arkansas Supreme Court Rules Governing Admission to the Bar (student practice rule). Admission is by clinic lottery.
This three-credit course may be taken upon completion of the pre-requisites listed below.
Students obtain clinical legal experience by representing clients in federal courts and before federal administrative agencies. Although the individual experience of any student may vary, the focus of their work will remain on Chapter 7 (no-asset) bankruptcies and administrative proceedings including SSI and Social Security disability claims.
Students will be assigned clients (generally, indigent debtors and persons with disabilities who seek public benefits) who need assistance in federal court or at administrative hearings and mediations.
The Clinic begins with a classroom component lasting approximately eight weeks and involving about 10 hours of classroom time with three hours of preparation each week and a minimum of two hours of courtroom observation. Students will be assigned clients who need assistance after an orientation class in the first week of the semester. All work will be supervised by a member of the clinical faculty.
Students may be assigned to work in teams on larger cases, performing research and planning presentation strategies for problems involving environmental, administrative, bankruptcy, tax and constitutional law matters. There is no final examination.
Pre-requisites: Forty-eight (48) hours of course credit at the law school, Civil Procedure and Professional Responsibility. Students need not be qualified under Rule XV — Student Practice. Admission is by clinic lottery.
This three-credit course may be taken upon completion of the prerequisites listed below. This clinic is offered in the Fall and Spring semesters. It may be offered during the summer.
Students enrolled in the Innocence Project Clinic will engage in the investigation and research necessary to identify persons currently under sentence of death, life without parole, or a substantial term of imprisonment who are actually innocent of the crimes for which they were convicted. Once a conviction that is subject to compelling proof of actual innocence has been identified, students will participate in representation of that person in all subsequent legal proceedings necessary to secure their exoneration and release.
Prerequisites: Forty-eight (48) hours of course credit at the law school, Civil Procedure, Criminal Procedure or Bail to Jail, Evidence, Trial Advocacy, and Professional Responsibility. Student must be in good standing and qualify for admission to practice pursuant to Rule XV of the Arkansas Supreme Court Rules Governing Admission to the Bar (student practice rule). Copies of Rule XV are available from the Clinic office.
Admission is by clinic lottery.
This three-credit course may be taken upon completion of the pre-requisites listed below.
Students receive clinical legal experience counseling and representing non-profit organizations serving Northwest Arkansas in a wide range of non-litigation business law matters. Services include reservation of name, application for tax identification number, incorporation, obtaining federal and state tax exemptions, change of business form, purchase and lease of real and personal property, employment and labor law issues, and general contract matters. Legal Clinic faculty supervise and review the student attorneys' work and provide personal feedback to each student. There is no final examination.
Prerequisites: Forty-eight (48) hours of course credit at the law school, Civil Procedure, Criminal Procedure or Bail to Jail, Evidence, and Professional Responsibility. Students must be in good standing and qualify for admission to practice pursuant to Rule XV of the Arkansas Supreme Court Rules Governing Admission to the Bar (student practice rule). Copies of Rule XV are available from the Clinic office. Admission is by clinic lottery.
Enrollment in this course is limited, but variable.
Advanced Clinic gives students the opportunity to take one of several clinic courses for six credits rather than the typical three. Students may enroll in an Advanced Clinic, under the following situations:
(1) Civil Clinic: the student has two options:
(a) Enroll in both the Civil Clinic and Advanced Clinic during either the Fall or Spring semesters. Students choosing this option will be assigned twice as many cases during the semester and receive 3 credits for Civil Clinic and 3 credits for Advanced Clinic
(b) Enroll in the Civil Clinic during the Fall semester and Advanced Clinic in the Spring Semester. Students will be assigned the normal case load for the Civil Clinic in both semesters and will receive 3 credits for Civil Clinic in the Fall semester and 3 credits for Advanced Clinic in the Spring semester.
(2) General Practice Clinic: the student may enroll in the General Practice Clinic and the Advanced Clinic during the Summer semesters. The student will be assigned twice the number of cases that are normally assigned for General Practice Clinic and will receive 3 credits in General Practice Clinic and 3 credits in Advanced Clinic at the end of the second term of the Summer semester.
(3) Transactional Clinic: The student may enroll in Transactional Clinic in either the Fall or Spring semesters, and enroll in the Advanced Clinic in the next semester. Students will be assigned a normal client load for Transactional Clinic during both semesters and will receive 3 credits in Transactional Clinic at the end of the first semester, and 3 credits in Advanced Clinic at the end of the second semester.
Admission to Advanced Clinic in connection with any of the eligible clinic courses is limited and by lottery. Students may take Advanced Clinic only once. Therefore, if a student takes Advanced Clinic in conjunction with Civil Clinic, he or she may not take Advanced Clinic a second time in conjunction with any other clinic course.
This Advanced Clinic option allows students to enroll in six credit hours of a single clinic (the Civil Clinic, the General Practice Clinic or the Transactional Clinic), either in a single semester or in two different semesters, rather than being limited to the three credit hours per clinic that previously have been available. The Law School is considering the optimal number of credit hours to maximize the value of the clinical experience, and will be seeking your input if you are one of the students who is selected to participate in this special offering.
If you have more specific questions about the Advanced Clinic, please contact the Clinic faculty.