One 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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