Client Counseling Competition Preview

In less than three weeks, the John Marshall ABA Client Counseling Team will be competing at Marquette University in Milwaukee, WI.  The team consists of Jamila Ahmed, Kat Abejuelar-Morse, Barry Kanarek, Tanya Sinclair, Joseph Napoli, Nicholas Coriano, Ann Hagerty and Patricia Ross. The team is coached by Ronald A. Rascia and Sheri Mecklenburg.

Last year, the JMLS team of Patricia Ross and Mark Abellera won the second place title in the competition, which was also held at Marquette. Due to their success, the school is able to send two teams to the competition this year.

The problem this year involves white-collar crime. The competitors are given a snippet of information about their client and must delve deep to find out what problems the client is having. The competition consists of an interview with the client and a post-interview discussion between two “attorneys” on what course of action they will take and how they will "counsel" their clients. The judges base their scoring on how well the team works together in making their client comfortable and addressing all the concerns expressed by the client. The team hopes to emulate Patricia Ross and Mark Abellera’s 2009 success!

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Alternative Dispute Resolution v. Trial Advocacy

Many people, whether in law school or not, think they know how to be a good trial attorney.  After all, everyone has seen their fair share of Law & Order, Boston Legal and Damages, right?  Wrong!  If you have studied the art of trial advocacy or have visited an actual courtroom, you know that what is portrayed on television is a far cry from reality.  The closest Hollywood has come to formulating the perfect combination of great acting and realism is HBO’s critically acclaimed show, The Wire.

Even more telling is the contrast between the public’s view (informed by the money-hungry cable news networks) of America as an overly-litigious society full of ambulance-chasing lawyers who bring frivolous lawsuits, and thereby suck the life out of the American judicial system and the stark realities underlying personal injury, employment discrimination and civil rights suits.  Nothing encompasses this notion more than the public outcry over the now infamous McDonald’s spilled coffee case.

 In Liebeck v. McDonald’s Restaurants, a jury awarded a woman $2.68 million who burned herself when she spilled McDonald’s coffee in her lap.  The public was outraged that a woman could sue and win such a large amount of money when it seemed as if she caused her own injuries.  News reporters neglected to inform Americans that the judge actually reduced the jury’s award to $640,000, an award that was based on a calculation of McDonald’s revenue from coffee sales alone over the course of just one or two days. More relevant facts that were conveniently excluded were that Liebeck, who was 79 years-old, suffered third-degree burns on six percent of per body, including her thighs, buttocks, and groin;  that she remained in the hospital for eight days where she underwent skin grafting; and that, during that time, Liebeck lost 20 pounds, reducing her overall body weight to 83 pounds.

If the Liebeck suit were filed today, it might take a different route to a resolution. A judge most likely would require the parties to resort to some form of Alternative Dispute Resolution (“ADR”), probably mediation.  Recently, ADR has gained widespread acceptance among both the general public and the legal profession.  Some courts now require parties to resort to ADR before permitting the parties' cases to go to trial.  The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentially, and the desire of some parties to have greater control over the selection of the individuals who will decide the outcome of their dispute. 

Generally, ADR can be classified into three categories: Arbitration, Mediation, and Negotiation. John Marshall’s Center for Advocacy and Dispute Resolution has programs for all three.  Each semester John Marshall sends teams of students all across the nation to compete at inter-school Arbitration, Mediation, Negotiation, and Client Counseling competitions.  In preparation for these competitions, students learn the art and technique of advocating in an alternative venue – one that is increasingly becoming the most popular setting for litigants.  Recently, JMLS advanced to the finals in the ABA Negotiation competition. This weekend, 3Ls Patricia Ross and Alex Dimitt will compete for a national title at the ABA Law Student Division's Negotiation Competition, which will take place in Orlando, Florida.

There are no requirements to try out for ADR teams! Stop by room 411 for more information or visit the Center’s website at http://www.jmls.edu/academics/advocacy_dispute/advocacy_center.shtml.   

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Coach’s Perspective: Ian Bucciarelli

Ian Bucciarelli double majored at Loyola University Chicago in Finance and Human Resource Management before coming to John Marshall.  Here is what Ian has to say about his teams and his experience working with the Center for Advocacy and Dispute Resolution.

Q. Were you involved with the Center while you were at JMLS, whether it be on a team or on council, and how did that experience help you after you graduated?
A. I was a member of ABA Negotiation team as an IL in 2004 and have been involved with the team as a participant throughout law school and now as a coach.  I have also been a member and coach of the ABA Mediation team.

Q. What was your favorite part about law school?
A. Summer break and winter break!  On a serious note, my most enjoyable experience while in law school was my participation with the ABA alternative dispute resolution teams.

Q. You are going to Nationals soon for the Negotiation competition, how has your preparations for that competition evolved since you began back in the Fall Semester?  Are Patti and Alex going to take home the gold?  
A. We have been very fortunate to have a strong and deep team this year and great involvement from our alternates and past year’s participants.   The coaching staff has been instrumental in arranging guest speakers ranging from JMLS alums, faculty, and sitting judges.  The team has met several times a week (including weekends) to work through the problem and moot.  Alex and Patti’s preparation and devotion to the team has been second to none and they definitely deserve to bring some hardware home, but unfortunately the best teams do not always win as a rogue judge or non-cooperative competing team can skew the ultimate scoring.  This is the third time in the last four years that the Negotiation team has advanced to the Nationals which is simply an amazing accomplishment for any school!

Q. You are coaching the ABA Mediation team, too.  How is your team preparing for the upcoming competition?  Does coaching these competitions help you at all in your own practice?  
We are anxiously awaiting the release of the regional ABA Mediation problem.  Problems for these competitions are only released a few weeks before the actual competition date, so things move very rapidly.  We start practice at the beginning of the semester and we have been working through mediation fundamentals and problems from previous years.  I strongly believe that coaching and participating with these teams would help anyone improve their negotiation and issue-spotting skills which are essential to any practice.  The preparation and presentation skills learned for these competitions can also be used when interviewing with potential employers or clients.  

Q. Since graduating, what do you do now? And did competing in Center activities offer any special contacts/exposure to the Chicago lawyering scene that has helped you build contacts in your field?
A. Since graduating from JMLS, I am practicing with a Workers’ Compensation litigation firm that I clerked for throughout law school before transitioning to the legal department at a not-for-profit (www.navs.org).  

 Thanks so much to Ian for his hard work and dedication to the Advocacy and Dispute Resolution Center and Good luck to his teams!

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Tyler Garrett, JD 2006

Tyler Garrett is a member of Holland & Hart's Litigation Department and its Environmental and Resources practice group in Cheyenne, WY.  His practice focuses on the representation of energy clients in complex litigation matters in both federal and state courts.  In addition, Mr. Garrett has a wide variety of business litigation experience, including class action litigation, securities litigation, and government investigations. Prior to joining Holland & Hart, Mr. Garrett was an associate at Jenner & Block LLP in its Litigation Department and Class Action, Securities Litigation and White Collar Defense Practices in Chicago.

Q. What was your experience with litigation/trial advocacy as a student at JMLS?
A. I was Presiding Barrister of the very first Trial Advocacy Honors Board (2005); member of the National Mock Trial White Collar Crime Invitational; member of the ABA Regional Negotiation Competition; a member of the 1L Competition first place team; participated in externships with Judge Alexander White of the Circuit Court of Cook County, Justice Themis Karnezis of the Illinois Appellate Court, and United States Attorney's Office for the Northern District of Illinois. 

Q. How long have you been at Holland & Hart?
A. I have been at Holland & Hart for 6 months.  Before coming to H&H, I was an associate with Jenner & Block in Chicago for 3 years.  Starting in September of 2010, I will be clerking for Judge Terrence L. O'Brien of the 10th Circuit Court of Appeals.

Q. What is your practice area?
A. At H&H, I am in the litigation department where I focus my practice on representing energy clients in all aspects of litigation (from patent litigation to white collar criminal defense). 

Q. How did you get to Wyoming?
A. I was born and raised in Cheyenne, Wyoming.  I ventured out to Chicago for law school, and then stayed to work for Jenner.  I decided to move back to Cheyenne to be closer to family. 

Q. Did what you learned at JMLS help you in the court room?
A. What I learned at JMLS is absolutely applied in the courtroom.  I cannot possibly begin to tell you how much JMLS, and particularly the trial ad program, prepared me for taking a case to trial.  JMLS provided me with a solid foundation on the nuts and bolts of courtroom procedure.

Q. If you had to sum up your career at JMLS in one sentence, how would you describe it?
A. My career at JMLS was more than just an education, it was a revelation, as JMLS provided a solid foundation for my legal career as a litigator, and also provided so many opportunities within the legal community to learn first-hand.  

Q. Who was your favorite professor at JMLS?
A. I cannot narrow it down to one professor:  My favorites were Sunny (trial ad), O'Neill (crim. law and crim. pro.), and Olken (Constitutional law).  

Q. Did you know you wanted to be a litigator when you were a student?  If not, what practice area did you see yourself in?
A. At the start of law school, I knew I wanted to be a litigator.  However, I didn't really have a complete understanding of all the aspects of litigation.  From my JMLS education, trial competitions, and externships, upon graduation I knew exactly what litigation entailed and knew that's what I wanted to do.

Q. What is your "dream case?" (favorite subject matter?  ease?  lots of litigation?  settlement?  etc.)
A.  Every case in which I get to take to trial is a dream case.  

Q. What is your advice to law students interested in litigation?
A. My advice to law students interested in litigation is to get involved in all the programs the trial ad center has to offer e.g., externships, competitions, etc.  These experiences not only prepare one for a career as a litigator, but also look great on a resume.  Additionally, you never know who you will meet and what doors will open as a result of these experiences. 

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Patricia Ross

Trial Advocacy Honors Board Position: ADR Team Coordinator

This week’s board member interview highlights 3L Patricia Ross: the ADR Team Manager; recent past president of the ADR Society; and one-half of the nationals-bound Negotiation team.  Patricia is more than just an ADR all-star, however. Read on to find out more about her.  

Q.  Where are you from?
A. A small suburb east of Cleveland, Ohio (Chesterland for all those familiar with Northeastern Ohio).

Q. Where did you go to undergrad and what degree did you earn?
A. Ohio State University, Honors Psychology, Minor in Communications (Go Bucks!).  

Q.  When did you know you wanted to go to law school?  
A. I’d always thought about it growing up, but never thought about it seriously until just before taking the LSAT. As a freshman I was a Latin major and admittedly had a very different path in mind. At the time, I planned on being a college professor of classical studies. 

Q. What made you choose John Marshall?  
A. I’ve always had a long-distance love affair with the city of Chicago and was determined to start my adventure here. At the time I didn’t know the extent of John Marshall’s many opportunities but would soon experience many of them.

Q. Once you started, did you have an immediate stance on what you wanted to do with your law degree?
A. I did not. Once I started, I realized it would take all I could muster just to get through my first year classes and live in a new city on my own for the first time.

Q. Has that changed?
A. Yes. I definitely know I want to be involved in litigation after my experiences at John Marshall.

Q. How did you become interested in ADR?
A. Professor MacLachlan introduced me to the benefits of Alternative Dispute Resolution and together we revamped the student run ADR Society. Through the panels of speakers we set up I recognized how prevalent ADR practices are in the legal field. I also learned through my judicial externship program with Judge James P. Flannery how important negotiation, mediation, and arbitration are to the litigation process. I learned that the most successful trial attorneys are ready and willing to take cases to trial but are also talented negotiators and mediators.

Q. How would you describe the difference between ADR and Trial Ad to someone interested in becoming involved with the Center for Advocacy and Dispute Resolution?
A. For someone interested in becoming involved with the Center I would first and foremost suggest involvement in both if possible. Both ADR and Trial teams encourage discipline through the development of new skills. However ADR differs in that the competitions require the teams to zealously represent their clients without being outright adversarial. The benefit of participating on an ADR team is that it teaches competitors to think of creative solutions to real world problems. You learn to think on your feet and discover ways to work with your adversary instead of just proving them wrong.

Q. Have you had experience with trial work?
A. Yes. I have been clerking for the Cook County State’s Attorney’s Office since the summer after my first year in both Child Protection and Criminal Appeals. I spent two summers in Child Protection in the Juvenile Justice Bureau. One of those summers I had the opportunity to use my 711 license to participate and conduct my own trials with an Assistant State’s Attorney supervising me.  Outside of working for the county, I competed in the 1L Mock Trial Competition; I took part in a judicial externship with Judge Flannery in the Law Division in the Circuit Court of Cook County , which consisted of mostly jury trials; and I also work for a civil litigation firm focusing primarily on insurance defense.

Q. If you had to choose a legal job today, would you take a job as a mediator or as a litigator?
A. If I had the opportunity to choose between two of any jobs I assume the economic environment would be drastically different. Operating on this assumption, I would take a job as a litigator first. My understanding is that the best mediators are those with the most experience and knowledge in a particular field. Although I would love to be a mediator some day, I would love even more to be a great trial attorney which I think requires a number of years of experience.

Q. If you had to choose any job in any field – assuming, for the moment, that you are qualified for it all – what would you choose?
A. I would be a travel guide in Greece for the summers telling romantic stories of ancient Greek myths and culture. During the fall and winter I would be a college professor in some sleepy town in Maine teaching Classical Studies.

Q. If you never had to work, in what Chicago location would you spend most of your time?
A. Fullerton beach, hands down. I’ve always been a lake girl. I would also spend a lot of my time at the Noble Tree Café and read all the old books strewn about each of the three floors.

Q. As someone who moved to Chicago for law school, what is your advice for 1Ls who just moved to the city on where to go and how to learn the city?
A. Never drive if you can figure out a new way to get there on a train or bus. Get to know your local everything: grocery stores, post office, library etc. Going back to the same places and knowing the guy or gal who helps bag your groceries is what makes a city a home. EXPLORE. I’ve found Chicago is full of nooks and crannies off the beaten path that end up being my favorite places. If you ever venture to Lincoln Park, here are some of my favorite places that are either free or very cheap: Fullerton Avenue Beach, Lincoln Park Public Library, Noble Tree Café, the Other Side and Basil Leaf. Don’t be afraid to do things on your own.

Q. As you approach graduation, what is your favorite memory from law school?
A. Our recent trip to Champaign for Negotiation Regionals is a top contender. My closest friends say I laugh more than most people, but I’m serious when I say I don’t think I’ve ever laughed so hard as I did in the van on the way to the competition. Combine an awesome road trip with the success that led to an invitation to Nationals and you have one of the best weekends I’ve had in law school.   

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