Three-in-a-Row:
A Tradition of Winning to Uphold

In our society, there is one class that is completely unable to protect and defend itself in a courthouse. This class is normally overlooked and not given the attention is deserves but there is a growing interest in protecting it. More and more legal professionals are working to help this class. What is this area of law? Well, this area of law is Animal Law, protecting the rights and interests of animals.

Filmmaker Michael Haneke has been quoted as saying: "You can show all the shortcomings of a society through its children, because they are always on the bottom rung. So are animals. They are those who can't defend themselves. They are predestined victims."

The practice of Animal law has grown so much that there is even a trial advocacy tournament dedicated solely to competitors arguing on behalf of animals. The tournament is known as The Animal Law Advocacy Closing Argument Competition. The competition is hosted by Lewis & Clark Law School and the event takes place at the Harvard Law School. Students from law schools around the country compete in the tournament. Unlike any other trial ad or moot court competition available to a John Marshall student, competitors in the Animal Law tournament are completely on their own, without a partner or a group to help them. Competitors give a closing argument to a “jury” of six legal professionals, who each are experts in the area of Animal Law.

Since 2008, John Marshall has sent two trial advocacy students to the tournament each year and since 2008, John Marshall has won the tournament each year. In fact, in a two-year time frame, the statistics for John Marshall students’ rankings in this competition are the following: one Second-Place, three First-Place finishes. That is uncanny. As it happens, in the 2009 tournament, two John Marshall students tied for First-Place. This is an occurrence unheard of in the history of the Animal Law Trial Advocacy Closing Argument competition.

In less than a few weeks, students will have the opportunity to sign up to tryout for the 2010 team. The team is coached by Professor Susann MacLachlan, who is also an expert in the area of Animal Law. She is a perfect fit to coach this team and it is her job to make sure that the two students she chooses to compete are also a perfect fit. The team practices throughout December and January, and the competition is held in early February. Throughout the practice schedule, judges, animal law experts, trial advocacy attorneys, and other legal professionals attend practices to help improve and make the two competitors as strong as possible.

Everything about this competition, from tryouts to the final round, is an amazing experience. I can speak from personal experience, because I was one of those First-Place finishers who tied in the 2009 competition. Unfortunately, I’m graduating in January or else I would have tried out again. But what can I do? Maybe I’ll get an LLM...!

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Party Time!

Attention all Council members!  

It’s about that time again! We shall gather together to celebrate everything that is trial advocacy.  So mark your calendars: on Friday, October 16th, McGee’s Tavern & Grille at 950 W. Webster Ave will be the place to be for all council members. From 6:30 - 8:30 p.m., compliments of board member David Lipschutz, we will be hosting a free domestic “pop” party. When you arrive, just tell the host (or hostess) that you’re there for “the David Lipschutz party.”

Besides being a Buckeye bar and having a delicious menu, McGee’s is a neighborhood sports bar with great deals and a ton of TVs.  There will be no excuses for non-attendance.  Friday night football will be on, cost will be low, and it is a great opportunity to meet everyone who is on the Council.   

Hope to see everyone there!  

For more information on the location, please visit www.mcgeestavern.com!

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A Q&A With Elizabeth Simon

Professor Elizabeth Simon is the Assistant Director of ADR for John Marshall’s Center for Advocacy and Alternative Dispute Resolution. Here, Professor Simon tells Nota Bene a few things about herself.  

Q: Professor Simon, have you always lived in Chicago?
A: I lived in Boston and New York for a number of years before moving here to take a job with the Chicago Tribune. I ended up going to law school and then practicing law here. I consider Chicago my home.  

Q: Did you start off practicing ADR right after graduating from law school?  
A: No. Most attorneys use ADR skills every day, but  I don't know of anyone who starts out in an ADR practice right out of law school.

Q: That being said, what sort of practice did you start off with, and how did you come to specialize in ADR?
A: I started as an associate in a plaintiff-based litigation firm that primarily handled employment law class action suits. About six years later I took a position in the corporate law department of a large multi-national corporation; I handled primarily labor and employment matters, including litigation, arbitration and mediation. After that I moved into an ADR practice.  

Q: What is your role at John Marshall, and what does that consist of?
A: I’m the Assistant Director of ADR. I oversee the five competitions in Client Counseling, Negotiation, Arbitration, and Mediation.  I teach courses in ADR, Mediation Advocacy, and Advanced Mediation.  I work with the Center's Honors Board and ADR Society to bring speakers and practitioners to the School.  And I’m also responsible for overseeing John Marshall’s new ADR Certificate program.  

Q: What do you like most about being here at John Marshall?
A: I enjoy working with the students and the faculty. I particularly like teaching the smaller ADR classes; these classes lend themselves to the kind of facilitated learning where students are able to utilize their own experiences and perspectives as they resolve conflicts. It’s an exciting time to be part of John Marshall’s Advocacy Center. We have great, new programs and courses, and the students on the Advocacy Honors Board and Council contribute a high level of energy and enthusiasm.

Q: What do you think are some of the most useful skills that one can gain by participating in the ADR program?
A: Attorneys use dispute resolution skills every day: they negotiate, assess risks and conflicts, and counsel clients.  In our ADR certificate program students practice these skills in every class. Students learn how to really listen to what is being said and to recognize what is not being said; they learn to suspend judgment long enough to ask the necessary questions and to develop options and alternatives for resolving conflict.

Q: What advice do you have for students interested in getting involved in ADR?
A: While at John Marshall, consider earning an ADR or Trial Advocacy Certificate. Try out for one of the ADR competitions. Participate in the Center's externship program.  Get hands-on experience with a clinical program. Once you become a member of the bar, try cases if you have time: take pro bono cases. Be willing to work with a range of different clients.  Get involved with court-annexed programs such as Cook County's arbitration program. Volunteer as a mediator in the court-referred mediation programs.

Q: Finally, do you have a favorite legal show such as Law and Order or Criminal Minds? If so, can you tell us why?
A: I don’t have a favorite legal TV show, but I do enjoy movies about the law.  There have been plenty of fine legal movies in the past 15 years, but 12 Angry Men remains one of my favorites. There are plenty of examples of ADR-related skills in that movie, including a truly masterful negotiation by the character played by Henry FondA:  

Q: Thank you, Professor Simon.  
A: My pleasure.

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