University of Idaho’s Innovative Trial Advocacy Program Comes of Age
Thursday, October 9 2008
Oct.9, 2008 Written by Donna Emert MOSCOW, Idaho – Back in the day, any day before 1979, the vast majority of attorneys were introduced to the inside of a courtroom only after they passed the bar. “There was no practical component to legal education,” said Noel Larrivee, managing attorney for the Lake County Public Defenders Office in Polson, Mont., and longtime adjunct faculty for the Trial Advocacy Program at University of Idaho. “You would learn the academic side of the law, pass the bar, then often go out in a rural setting and basically learn at your clients’ expense. You can imagine how, I’ll say ‘fraught with error,’ that process could be,” Larrivee said. Thirty years ago this fall, College of Law Professor Neil Franklin initiated the Trial Advocacy Program at the University of Idaho, introducing students to an intensive, week-long course that weds legal education to its tactical deployment in the courtroom. The program allows students to observe demonstrations of courtroom exchanges, protocols and tactics staged by seasoned legal professionals serving as trainers. The trainers also provide an overview of the skills to be developed and stress key points to be modeled by students. Then students try it themselves. Trial Advocacy participants use a single case file throughout the week to develop their courtroom skills. Students deliver opening statements and closing arguments, perform direct and cross examination, introduce exhibits, present objections, practice impeachment, refresh recollections and present expert witness testimony to build their case. The intensive, week-long program culminates in a mock trial, complete with authentic stress: the course is pass/fail. Students are evaluated by their trial judge and must conduct an extensive self-evaluation of the course and their individual trial. Legal professionals from Idaho and throughout the region serve as trainers in the program, assessing student performances and offering insights. In recent years, the mock trials also have been filmed to allow for more in-depth review, feedback and self-critique. The University of Idaho College of Law was one of less than 20 law schools in the nation to adopt such a program in the late 1970s. The program is based on materials developed by the National Institute for Trial Advocacy (NITA) and has evolved considerably over the past three decades. It has proven so effective that Larrivee also uses portions of the program to help train new attorneys joining the Montana State Public Defenders office. As a senior trainer for the Idaho program, Larrivee works with some of the best and brightest students. “Many times, if given the opportunity, I would hire these people immediately,” he said. “For me, it’s also an annual renewal of a lot of collegiality. It’s just been a treat for me every year to work with the caliber of attorneys serving as trainers,” Larrivee said. “They are some of the best lawyers in Idaho.” The week can be both exhilarating and exhausting for students focusing, for the first time, on the tactical aspects of presenting a case. Since 1979, more than 800 students have shared the Trial Advocacy Program experience. Over the years, Larrivee has received letters and e-mails from many graduates now in practice. “They will all tell you it’s the hardest week they ever had in law school,” said Larrivee. “Invariably, they also say it was the best.” Non-faculty serving as trail advocacy trainers from 2004-2008 includes: Nels Mitchell; B. Newal Squyres; Merlyn Clark; The Honorable J. Kelley Arnold; Fred Hoopes; David Metcalf; Dick Rubin; Jamie Shropshire; David Nevin; Teresa Hampton; Connie Taylor; Jan M. Bennetts; The Honorable B. Lynn Winmill; and The Honorable Barbara Buchanan. For more information of the Trial Advocacy Program and other College of Law Legal Aid Clinic programs, call (208) 885-6541 or the toll free number (877) 200-4455. The clinic is located in Room 10, University of Idaho College of Law, 6th and Rayburn in Moscow. # # # About the University of Idaho Founded in 1889, the University of Idaho is the state’s flagship higher-education institution and its principal graduate education and research university, bringing insight and innovation to the state, the nation and the world. University researchers attract nearly $100 million in research grants and contracts each year; the University of Idaho is the only institution in the state to earn the prestigious Carnegie Foundation ranking for high research activity. The university’s student population includes first-generation college students and ethnically diverse scholars. Offering more than 150 degree options in 10 colleges, the university combines the strengths of a large university with the intimacy of small learning communities. For information, visit www.uidaho.edu. Media Contact: Joni Kirk, University Communications, (208) 885-7725, joni@uidaho.edu
About the University of Idaho
The University of Idaho helps students to succeed and become leaders. Its land-grant mission furthers innovative scholarly and creative research to grow Idaho's economy and serve a statewide community. From its main campus in Moscow, Idaho, to 70 research and academic locations statewide, U-Idaho emphasizes real-world application as part of its student experience. U-Idaho combines the strength of a large university with the intimacy of small learning communities. It is home to the Vandals. For information, visit www.uidaho.edu.