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Dean's Desk: Law students benefit from alumni's professional experience

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dean-newton-notre-dameOne of the benefits of writing this column is that it gives me time to reflect on aspects of Notre Dame Law School that are known and appreciated in South Bend and among our graduates, but are perhaps not as well known to the Indiana bench and bar.

A full week before the official beginning of the semester last month, our school’s common areas were already resonating with the buzz of students conferring and debating. In the hallways, seminar rooms and classrooms, nationally known trial lawyers and judges were observing student pre-trial performances and asking penetrating questions. The semester break had another week to go, yet the student adrenalin was flowing.

This has been the new normal ever since the Notre Dame Intensive Trial Advocacy Program began in the spring of 2004. ITA students and faculty return to school a week early each semester so that they can dedicate themselves to their trial workshops all day, every day, without distraction.

The formal program goes from 7:30 a.m. until 6:30 p.m. Many students continue working long into the evening. These weeklong pre-semester workshops are then followed by continued training and simulated trials throughout the rest of the semester.

Not all of the rising 2Ls and 3Ls who take this course want to be litigators. As professor James Seckinger, the program director, has explained, “The program is valuable for students who want to enhance their ability to analyze facts critically, understand the relationship between the facts and what the client wants to achieve, and then communicate clearly to the decision-maker. The skills learned here are useful for every lawyer.”

There are a number of remarkable things about this program. The intensity with which the students practice their skills sets the entire law school abuzz with energy. Even more surprising, however, is that most of the faculty – over 40 each semester – travel to South Bend on their own time and dime to make this endeavor possible. The number of students in the ITA program is roughly the same as the number of volunteers, providing a one-to-one student-teacher ratio. Often three or four volunteers will observe and critique each student performance. Our contribution is to put them up at the university’s Morris Inn and to provide pizza for lunch at the law school’s Crossings Café, but a number of the NDLS grads insist on paying for it all.

The guest faculty who are not from Notre Dame tell us they volunteer because they see the program as a chance to give back to their profession by mentoring the next generation of attorneys and to hone their own advocacy skills by spending a week focusing on nothing but the elements of their craft. The Notre Dame grads who return as visiting faculty usually also add their desire to give back to NDLS as a strong motivation. I suspect also that the opportunity for fellowship with skilled trial advocates and often old friends from around the country is another motivating factor in bringing these talented volunteers back each year.

Seckinger, who created the program, is one of the nation’s outstanding trial-advocacy teachers. A member of the Notre Dame law faculty since 1974, he first joined the National Institute for Trial Advocacy faculty in 1973 and went on to serve as its director from 1979 to 1994. Since 1994, he has continued teaching trial advocacy at NDLS.

I asked Jim how the program reached its current size. Jim reported that at its inception, he was assisted by a few local attorneys and judges, including adjunct professors Jeanne Jourdan and Tom Singer. Then a Notre Dame Law School alumnus from Chicago, Tim Nickels, volunteered. Soon, several more Chicago lawyers heard about the program and got involved. NDLS grads in the military became interested in participating, other military lawyers volunteered, and fairly quickly trial attorneys from all over the U.S. and even from Canada signed up. It helps, of course, that Jim seems to know almost every trial lawyer in the country from his many years at NITA.

As I know all of my fellow Indiana deans agree, the legal skills required of entry-level lawyers in the new legal job market have increased substantially over the past decade, and trial skills are but a piece of the larger puzzle that includes appellate advocacy, mediation, negotiation and transactional skills. The ITA program is one of a number of litigation training opportunities at NDLS: the Comprehensive Trial Advocacy course, taught by local judges and lawyers, which covers a broad range of trial skills and allows students to conduct simulated trials; highly regarded courses in deposition skills, typically taught in four sections each semester; and the Moot Court Trial course, which is an advanced litigation training program for members of the NDLS trial teams who will participate in the National Trial Competition and the American Association for Justice mock trial competitions.

After the quiet break, walking into the law school a week before the semester as the ITA program is in high gear and being greeted by a cacophony of well-suited students arguing fine points of law is always a high point for me, signaling the beginning of the new semester with all its promise for our students’ futures.•

__________

Nell Jessup Newton is The Joseph A. Matson Dean and Professor of Law at Notre Dame Law School. She has served as dean since 2009. The opinions expressed are those of the author.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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