Issue 12   September 24, 2009

Why Settle For Trial When Alternatives Are Available: An ADR Panel Discussion



On Thursday, September 17th, from noon to 1:00 p.m. on 3East, the Center for Advocacy and Dispute Resolution and the Trial Advocacy and Dispute Resolution Board hosted the very first “Panel Discussion.” More than forty students, faculty, and staff were present to listen to four ADR professionals, both legal and non-legal, discuss various alternatives to trial.

Students were given guidance on how to properly assess the alternatives available to attorneys and clients in lieu of trial. The audience heard stories and examples, and insights from the perspective of these four well-established professionals. The panel consisted of Frank J. Andreou, a partner at Andreou & Casson, Ltd.; Brian Clauss, an arbitrator and mediator of labor and employment disputes; John Spieske, a solo practitioner with nearly 10 years involvement with Cook County Mandatory Arbitration; and Gururaj Kumar, a conflict resolution specialist who focuses on mediation, facilitation and training in Washington, DC.

Each panelist had a unique perspective on how to utilize alternatives to trial. Mr. Andreou explained that there are significant benefits and detriments to arbitration. He explained that if an attorney decides to use binding arbitration, then he is sacrificing the client’s right to a jury and the right to an appeal. Conversely, Mr. Spieske explained that ADR is less expensive than trial and the cases are resolved more quickly. Mr. Clauss provided the students with the knowledge that ADR helps give clients a realistic representation of how trial might turn out. Finally, the audience was even provided a non-attorney’s perspective on such alternatives, by Mr. Kumar. He reminded the audience that a mediation is not about the attorneys, instead, it focuses on the client.

Students were also given the opportunity to ask questions that the panelists eagerly answered. In fact, the panelists each gave such detailed responses that the audience was only able to ask two questions before time ran out!

Stay tuned as the semester continues. There are two additional lunch panel discussions in the works. “The Civil Trial” panel will take place on October 15th, and “The Criminal Trial” panel will take place on November 19th. Each panel will be held in Room 503 from noon to 1:00 p.m.

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Grow Your Network

“Times are tight.” “Jobs are few.” These phrases are all too familiar to most of us here at JMLS. Another often uttered expression is “it’s not what you know, it’s who you know,” but how do you get to know the right people? The Career Services Office is trying to help in this area, and on September 3rd, CSO sponsored a “Speed Networking” event in the student lounge. Twenty employers were on hand to meet John Marshall Students in a sort of speed-dating format.

The CSO’s Rachel Dawson emphasized the importance of students having the opportunity to simply speak with practicing, and hopefully hiring, attorneys. “It is important for students to become comfortable in networking situations, and to get rid of the nervousness that can sometimes accompany them.”

Although the interactions between students and employers were brief, the speed-networking event yielded some tangible results for participants. Aleksandra Spevacek, a Trial Advocacy council member and member of last semester’s quarter-finalist Buffalo-Niagara mock trial team, attended the event and said, “It was a good way to get a foot in the door, and speak with representatives from firms that you may not otherwise get a chance to.” She was able to talk about the job-search process with a representative of a large international firm who invited her to coffee to discuss interview techniques and what she could expect throughout the hiring process. Echoing Ms. Spevacek’s comments, Whitney Hutchinson, Chief Justice of the JMLS Moot Court Executive Board also found that, “most of the employers were very receptive to questions and very willing to offer tips on networking and interviewing skills.” Not only did Ms. Hutchinson walk away with a few pointers, but also a lunch interview for a possible position at a local labor and employment law firm.

Stacia Goldstein, also of the Career Services Office said, “these types of events also help keep the John Marshall Alumni network involved at the school. The hope is that if our more recent graduates remain involved, down the road, when they become hiring attorneys, we will be able to offer more opportunity to graduates.”

The next event sponsored by CSO is a presentation by Kimm Walton, “The Job Goddess,” on Wednesday, September 30th from noon to 2:00 p.m. She will offer advice and answer questions concerning job-seeking in a difficult hiring climate.

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Negotiation Team Results



Negotiation Tryouts

This semester’s tryouts for the Negotiation and Mediation Advocacy teams resulted in an amazing turnout. The Center for Advocacy and Dispute Resolution and the Trial Advocacy and Dispute Resolution Honors Board are elated at the amount of talent that participated this semester. Nearly every single tryout slot was filled over the 2 days the tryouts were held.

The following students have been selected for the ABA Law Student Division Negotiation Competition that will compete in Champaign on November 7-8, 2009:

TEAM: Alex Dimitt, Patty Ross
TEAM: Jennifer Anderson, Courtney Slovin
ALTERNATES:
Jillian Ruggiero, Chris McElgunn, Meta Brown, Louis Raymond .

The following students have been selected for the ABA Representation in Mediation Competition that will be held in March, 2010:

TEAM :Liz Braswell, Felicia Ganther, Joe Jakubowski, Brandon Rogers
ALTERNATES: Martha Choromanska, Liz Homsy

Congratulations and best of luck to these students!

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Got Externship?

In law school, students have the chance to participate in externship programs. The Center for Advocacy and Dispute Resolutions at John Marshall offers a vast array of exciting and educational externship opportunities. During these externships, law students learn firsthand what it takes to be a legal professional from the perspective of a judge in a courtroom setting, if they are fortunate enough to be selected as a judicial extern, or as an advocate, under the supervision of a practicing attorney in the basic externship course.

This past summer, several Trial Advocacy council members participated in our school’s externship program. Ryan Charlson, Jason Veit, and Alexander Marsh are three students who participated in the judicial externship program and happily share with Nota Bene their experiences working for three different judges.

Ryan Charlson had the opportunity to extern for the Honorable Richard Elrod of the Circuit Court of Cook County, Law Division. Jason Veit externed forJustice Margaret Frossard in the Illinois Appellate Court. And Alexander Marsh worked at 26th and California, externing with The Honorable Lawrence FLood at the Cook County criminal courthouse.

According to Ryan, he “had the chance to observe three trials from beginning to end and sat in on even more settlement conferences. One of the most valuable experiences I had was observing pre-trial motions and jury selection. It made me aware of just how important these steps are in the trial process.” Further, Ryan said will never forget “watching the interaction between the attorneys and the judge. The way to act in front of a judge is something that law school simply cannot teach; one must learn it from experience. Now, I have that experience.”

Jason had significant responsibilities in the Illinois Appellate Court. His “work was to draft opinions on pending cases.” The Justice and her permanent clerks would then review and revise his drafts. “This was a great learning experience, and it became clear how our Lawyering Skills classes can really help us.”

For Alexander, “the most interesting part of my externship was sitting in the judge's chambers during sentencing conferences...because the judge and attorneys were encouraged to speak freely.” While in the courtroom, judges and attorneys “have a tendency to comport themselves in a cold and mechanical way. But in the judge's chambers these formalities were left outside, and humanity and true personalities surfaced.”

If you are interested in an externship for the spring 2010 semester and gaining a whole new experience for yourself, stop by the Trial Advocacy office in Room 411 to receive more information on the highly recommended externship opportunities available to you as a John Marshall student. All the information about the externship program is available online at the Externship website, including tutorials that will guide you into setting up your externship, as well as the program applications forms and a directory of placement opportunities for the basic externship program. After all, according to Ryan, “The judicial externship is the one of the best ways to further a legal education, and I would highly recommend it to anyone who is seriously considering a career in litigation.” And according to Alexander, “My externship was a valuable and exciting education, and I would recommend the program to anyone.”

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no.ta be.ne

Latin: Note well; written as the original note N.B. to indicate an important portion of the text to be studied.



CONTACT

Professor Ronald C. Smith
Director - Ext. 444

Clinical Professor Susann MacLachlan
Associate Director - Ext. 557

Gary Watson
Assistant Director - Ext. 473

Elizabeth Simon
Assistant Director of ADR - Ext. 332

Lance Northcutt
Assistant Director of Trial Advocacy - Ext. 332
Last Updated On: 9/24/09