The School of Law\u27s multifaceted advocacy programs supplement traditional classroom learning by offering students opportunities to apply their legal knowledge in the courtroom

Leary, Betty L

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Digital Commons @ UM Law

BETTY LYNNE LEARYUnder the watchful eyes of law students from across thecountry, a member of the University of Maryland trialteam outlines his case during a national competition. Ajudicial clerk toils for hours researching a single point oflaw while another student prepares for a court visit bydownloading briefs from the School of Law's Website.These students and recent graduates at Maryland aretaking their legal education to a higher level by partici-pating in one of the School's advocacy programs, oppor-tunities designed to teach students how to apply theknowledge they learn in the classroom."Effective advocacy programs reinforce the learningacquired in the traditional curriculum and allow studentsto apply their knowledge of substantive and procedurallaw," says Professor Jerome Deise. "We want our studentsto be problem-solvers, and our advocacy program providesmany opportunities for students to become just that."19 JD MAGAZINE FALL 2003THE VIEW FROM CHAMBERSFew advocacy experiences rank as highly as a post-grad-uate clerkship. The experience is so highly sought afterthat in 1997, the School of Law hired Teresa Schmiedelerto serve as director of judicial clerkships and public inter-est programs. Schmiedeler acts as a full-time counselorand promoter of clerkship opportunities to students atthe School of Law, streamlining the application andinterview process and promoting the benefits of clerking."Clerking provides an incomparable opportunity tolearn from a skilled jurist and to learn the inner workingsof the judicial system," Schmiedeler says. ''A clerkship isan excellent step in a legal career, and students gain anedge in finding jobs in both the public and private sec-tors." Graduates from Maryland fare well in landingpost-graduate clerkships. In fact, the number of studentsserving as judicial clerks has soared each year (24 percentof the Class of 2002) while the national average for lawschool grads hovers around 12 percent."I knew spending an entire year doing legal research andwriting would make me a more valuable lawyer to a lawfirm or any other employer," notes Gregory M. Bedward'99. "Specifically,there are intangibles that you do not learnin law school that are learned by spending time with ajudge, such as, how to conduct yourselfbefore a judge andhow to advocate effectivelyfor your client."Bedward, who now practices with Venable, LLP, inBaltimore, clerked on the Maryland Court of SpecialAppeals for the Hon. Andrew L. Sonner, where he con-ducted legal research and drafted opinions on the vari-ous issues brought before the court."I learned a great deal about research, writing andclient advocacy,"Bedward explains. "The clerkship gaveme the opportunity to delve into each case and form areasoned opinion without the time pressures associatedwith law school. I developed a solid relationship withmy judge which allowed me to learn more about appel-late advocacy and professionalism."For students seeking experiences during the academ-ic year, the School of Law offers the Asper Program, alsocoordinated by Schmiedeler. The program allows stu-dents to earn credit for work with a public serviceorganization or with a judge and provides yet anotherBaron's experiences are the ideal that Schmiedelerstrives for each day, and she points to the successof boththe Asper and clerkship programs as a testament to thelegal talent of Maryland's students."Judges need clerks with strong analytical, researchand writing skills," says Schmiedeler. "Our students aregiven tremendous opportunities to develop those skills;therefore they are highly successful in the clerkshipprocess."HOSTING THE COURTSIn another component of Maryland's multifacetedadvocacy program, students and alumni enjoy a rareopportunity to interact with members of the judiciaryduring visits by the Court of Special Appeals, the U.S.District Court, and the U.S. Court of Appeals for theFourth Circuit. Coordinated by professors StevenSchwinn, Susan Hankin and Lawrence Sung, the visitsprovide an unusual opportunity for students to observeexcellent training ground for legal analysis, research andwriting.Third-year student Stephanie Kaye Baron tookadvantage of the Asper Program not only to gain expe-rience but also to help her focus on career choices."I really liked the idea of gaining practical experiencewhile in school, and it's a great chance to work and getcredit at the same time," Baron says. "The Asper alsowas a great chance to learn more about several areas oflaw that I might not otherwise have been able to study."Baron prepared bench memos during her Asper experi-ence for the Hon. Diana Motz, U.S. Court of Appealsfor the Fourth Circuit in Baltimore.Upon graduation, Baron will begin a clerkship for theHon. James Eyler on the Court of Special Appeals ofMaryland in Towson. She hopes to continue to improveher research and writing skills, learn more about sub-stantive areas of the law, and the process of appeals inthe state of Maryland."One of my goals at the start of school was to have asmany different experiences as possible while here,"Baron says. "I will have the opportunity to compare allmy experiences, understand the differences between thecourts, and get to know as many judges and attorneys aspossible."arguments and learn about the workings of the courts."Combining court visits with our educational pro-gram is a wonderful thing for the law school," Schwinnsays. "It's good community relations, good for ouralums, and great for the students to observe somethingthey otherwise might not experience."When the Court of SpecialAppeals visited the Schoollast fall, students and alumni filled the CeremonialCourtroom to capacity to hear arguments. Followingthe arguments, the lawyers and judges met with the stu-dents for a question-and-answer session that was verywell-attended."The students were delighted to have the opportuni-ty," Schwinn explains. "Unless a student has a clerkship,this is one of the few chances to interact with a judgeand have a window into the judicial process."Both the Fourth Circuit and the U.S. District Courtvisited the School of Law in February and the judgesand attorneys also spent time with students. In con-junction with these visits, special programming foralumni was scheduled, including a special reception foralumni who are members of the judiciary.Schwinn prepares for the visits by obtaining briefs forthe cases which students can access on the School'sWebsite. He also recruits colleagues with expertise inwww.LAW:UMARYLAND.EDU 20specific legal areas to meet with students in advance tohelp them digest the information before the actual argu-ments. Incorporating these briefs into the classroom dis-cussion affords a clearer understanding of the argumentsto come. Schwinn also arranged post-argument paneldiscussions with the attorneys so that students couldquery them about their techniques, tactics and strategies."This ptogram enables us to reach out to the legalcommunity and further strengthen our law school edu-cation," says Dean Karen Rothenberg. "It also gives usthe opportunity to share the riches of our new facilitywith the practicing bar. It works both ways."THE CASE FOR ORAL ADvOCACYWhile opportunities in legal research and writing mayappeal to some students, others seek out avenues to excelin oral advocacy, as well. The School of Law offers a vari-ety of options in its advocacy program for those whowant to gain experience in appellate brief writing andamazing to actually participate in the process instead ofjust watching it on T\!," Clark explains. "We meet witha lot of lawyers and see some of the greatest minds in thefield." He adds that through these networking opportu-nities, students gain confidence in themselves and theirabilities. "It's a rite of passage, to know you've argued infront of a judge. Plus it's a great experience to work withclassmates and people you'll be practicing with andagainst in the future."In addition to competitions, Moot Court Boardmembers serve as teacher's aides for first- and second-year students in the School's Legal Analysis, Writing andResearch (LAWR) Program. They help students practiceoral arguments and serve as judges for final arguments atthe end of the year.Students compete for membership on the MootCourt Board through two competitions held each year.The fall competition features two rounds of oral argu-ments, with the top 20 students being invited to join theMoot Court Board. These students must then competein the spring competition known as the Morris BrownMyerowitz Moot Court Competition."It's the brass ring of the internal moot court compe-titions," says Liz McFarlane, director of alumni relationsand annual giving. The competition was established andendowed by the family of Morris Brown Myerowitz '68who was killed in an automobile accident the summerfollowing his graduation from the School of Law."He showed great promise in advocacy, and his fami-ly created this competition as a way to honor his memo-ry," McFarlane notes, adding that members ofMyerowitz's family, including his mother and sister,attend the competition each year. Now in its 33rd year,the competition features four rounds of oral arguments.The top three participants are named as members of theNational Moot Court Team and represent the law schoolin regional competition. If successful there, the team par-ticipates in the national competition finals held in Neworal advocacy. The Moot Court Board, for example,offers students a chance to enhance their advocacy skillsthrough workshops, panel discussions and competitions.Joe Clark, third-year student and current president of theMoot Court Board, describes the experience as valuable,hands-on learning."We get to compete against other students, and it's21 JD MAGAZINE FALL 2003York each year.Alumni playa vital role in the Myerowitz and otheradvocacy competitions by serving as judges and coaches,training students in the strategies and techniques offraming arguments."Our alumni have been amazingly generous with theirtime, talent and money," says Deise, faculty coach for thetrial teams. "The trial teams could not possibly be assuccessful without them. We're talking about some ofthe best, most successful lawyers in the country. Theyconsider it a responsibility and they really want to giveback. It's a wonderful thing to see."Deise describes the breadth of the School's advocacyprogram by pointing to the School's Website, which listsmore than two dozen courses featuring all forms ofadvocacy including litigation, dispute resolution, appel-late advocacy, child advocacy and a death penalty semi-nar. Deise stresses that advocacy encompasses muchmore than litigation and all courses teach advocacy inone form or another. One of the classes Deise teaches islimited to members of the School's highly successfulNational Trial Team. This course focuses on trial advo-cacy as the 18 student members of the team preparecases for presentation in regional and national competi-tions.Last fall, the team won the 2002 QuinnipiacRegional Competition for the Northeast RegionalCriminal Justice Competition. Second-year studentGovernor Jackson took home the honors for best directexamination."That win allowed us to advance to the ABAIJohnMarshall Law School 13th Annual National CriminalJustice Competition held in the spring," Deise says."This competition features the vety best of the nation'strial teams, and we always look forward to competingagainst other highly talented law students from aroundthe country."The team also was named national champions at the2002 Walter W Daniel Mock Trial Competition held inAtlanta and three team members were nominated forbest advocate during the competition. The team's mostrecent victory came in February when the team won theACTL & Texas Young Lawyer Competition andadvanced to the national competition to be held later inthe spring. A student's commitment to the trial teamrecent successes. In the past, when a trial team receiveda case for an upcoming competition, one student wouldtake copious notes of the team's brainstorming sessionsthen type up the notes to distribute to members."Now we have high-tech courtrooms with smartlecterns where I can drop a large screen at the front ofthe room. I tap into my office computer, open a file, andcreate a large diagram to record information as we devel-op it," Deise says. "It's wonderful because, in this chart,we have virtually everything that we need to know aboutthe case and, in 15 minutes, we hand everyone a copy ofwhat we accomplished in that session." The processsaves hours of manually recording and copying infor-mation. The file contains elements of claims and defens-es, facts supporting elements, sources of those persons,documents or other evidence that provide those factsand, finally, potential evidential objections."The students all agree that this was an importantfactor that contributed to their success last fall," Deiseadds, noting that the team distributes the workloadamong themselves and, if someone isn't doing their part,it's very evident immediately."This technology enhances the educational experi-ences of our students in ways we never imaginedbefore," Dean Rothenberg says. "It's bringing the realworld into the law school in new and creative ways."HARNESSING TECHNOLOGY WISELYWhile it was expected that both students and facultywould benefit from the advanced use of technology incor-porated into the law school's new home, the extent towhich they have embraced it has been a pleasant surprise.From sophisticated video to the extensive use ofBlackboard, an online course management program, stu-dents not only are taking advantage of the technologybut also they are learning how to use it appropriately."Use of technology is a skill students are going toneed in practice," says Alan Hornstein, professor of law.translates into hours and hours of practice on nights,holidays and weekends."With one team practicing on Saturday and one onSunday, I don't have a weekend," Deise laughs.Along with plenty of practice and critical supportfrom alumni, Deise credits the advanced technology ofthe law school's new building for much of the teams'"We have special types of taping to record student trialwork in each of the three courtrooms in the building aswell as classrooms. These tapes can show the faces ofboth the attorney and the witness so a student can getimmediate feedback on the body language of every per-son involved."The largest courtroom, the Ceremonial Courtroom,WWW.LAW.UMARYLAND.EDU 22has a capacity of 98 and features its own audio-visualcontrol room. The two smaller rooms, the BekmanCourtroom and the Levin Courtroom, are used for trialadvocacy classes, trial team practices and preparation ofclinical students for court appearances."The ability to broadcast to other locations and toreceivebroadcasts from almost anywhere can make avail-able resources that would otherwise be impossible tosecure," adds Hornstein. "The technology in these court-rooms has expanded the educational opportunities inmany ways."A new course that specifically addresses the use oftechnology in the courtroom was added to the Marylandcurriculum last fall-Advanced Trial Advocacy:Litigating with Technology.Teaching the limitations and liabilities of technologyis not overlooked. While the flip charts, smelly pens andboxes upon boxes of legal documents may be eliminatedfrom the courtroom, Deise notes that juries can be skep-tical of technology."We teach our students to recognize the disadvantagesas well as the advantages of technology," he says. "Somejurors are distrustful of technology in the courtroom.They view it as 'smoke and mirrors.' Our students are"When our students leave here," Deise adds, "we canbe confident knowing that we did a very good jobpreparing them for the challenges that lie ahead. We pro-vided the necessary knowledge and tools they will needto represent their clients effectivelyand we have helpedthem to become thoughtful, caring and ethical lawyers." •taught to use technology effectively and properly and, asimportant, to recognize when opposing counsel is not."Faculty members have also jumped on the technologybandwagon in great numbers. At the end of the fallsemester, the first in the new building, almost three-fourths of the faculty was using some form of technolo-gy support in the classroom.Deise notes that although some of his colleagues maybe classified as technophobes, most realize that the waylawyers do business has changed forever."This is fascinating stuff, and it really is a brave newworld for all lawyers," he says. "It has changed the waywe educate our students and the way we practice law."Through the many opportunities available in the advo-cacy program, the School has created a strong coalitionbetween those who practice law and those still learningthe law."The advocacy programs bring together the judiciary,the practicing bar and legal education in ways we neverthought possible," Dean Rothenberg says.23 jD MAGAZINE FALL 2003

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