Have you ever wondered what really goes on in court? It’s not like you see on television. Is your lawyer handling your case correctly in and out of the courtroom? How would you know? Learn what it’s all about and what it takes to win in civil court from an experienced attorney who has tried and won hundreds of cases.

You'll find out how the system really works, and what the common mistakes that often lead to defeat. You'll examine the fine points of how attorneys prepare for cross-examining witnesses and prepare legal arguments, as well as how they prepare legal briefs and memorandums. This is your opportunity to enter the challenging world of the trial lawyer—it's nothing like what you may have seen on television or in the movies!

Come with me from the initial client interview, to the discovery of evidence, to the actual trial of a hypothetical case. As we prepare the case you’ll get many opportunities to become a legal assistant and help develop strategies for use both in and out of the courtroom. For example, how would you try to get the other side to settle an automobile accident case? Or what would you say to a judge if you were arguing a case?

Hopefully, you’ll never need to hire an attorney, but just in case, why not be prepared to ask the right questions and make the right decisions. This course is a must for clients, potential clients, legal professionals, and even just those who are curious to know if TV lawyers can “really get away with that.”

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Syllabus:

All courses run for six weeks, with a two-week grace period at the end. Two lessons are released each week for the six-week duration of the course. You do not have to be present when the lesson is released, but you must complete each lesson within two weeks of its release.

A new section of each course starts on the second or third Wednesday of each month. If enrolling in a series of two or more courses, please be sure to space the start date for each course at least two months apart.

Week One

Wednesday - Lesson 01

Whether you work in the legal profession or you're a potential client, your objectives are the same: to develop a strategy for winning your case. In our first lesson, you'll learn about the initial contact between the attorney and client. You'll find out what information the attorney must have to even consider taking a case. Some cases just can't be won, so we'll go through the process that lawyers use to decide which cases to take to court. We'll talk about how attorneys evaluate both the facts and the law to make that crucial decision.

Friday - Lesson 02

Once an attorney has agreed to take a case for a client, the real work begins. In this lesson, you'll learn about the various techniques that attorneys use to investigate the case in order to uncover the evidence they need to win in court. We'll look at the traditional discovery techniques, such as questions sent to the opposing party, requests for documents, and physical evidence. You'll also delve into the use of subpoenas and the role private investigators play in the practice of law.

Week Two

Wednesday - Lesson 03

Now that our investigation has uncovered all the evidence, it's time to begin the formal procedures for gathering the evidence to use at trial. You'll learn about depositions in this lesson. This is the process of taking testimony prior to trial, but under oath and in front of a court reporter. We'll discuss the different types of depositions, and how they're used. You'll find out how to prepare to take a deposition from someone else and how to give one if you're a client. We'll talk about depositions from the standpoint of both sides in a civil case: the plaintiff and the defendant.

Friday - Lesson 04

It's time to begin our actual trial preparation. You'll find out how to prepare your witnesses so your side presents their testimony in the most effective manner possible. We'll also talk about preparing documents and other physical evidence so that they can be placed into evidence. It won't matter how strong such evidence is—if you can't get it the court to admit it, it's useless. You'll also learn how cases are settled. We'll discuss the negotiation techniques you'll need to know to get a handsome settlement for your client.

Week Three

Wednesday - Lesson 05

You're never going to win a case in court unless you can convince the judge and/or the jury that the law is on your side. In this lesson, you'll learn how questions of law are decided and how to do legal research to help get the questions decided in your side's favor. Contrary to popular belief, this part of trial preparation can actually be fun. After you've learned how to do the research, we'll discuss preparing the pretrial memorandum that will convince the judge that the law is in your favor.

Friday - Lesson 06

The television shows are all wrong. You can't just file a claim in court and then go to trial a few days later. There are a lot of pretrial procedures and rules your side will have to follow, and you'll learn all about them in this lesson. We'll talk about preparing the initial pleadings to get the case going and then we'll look at how to handle pretrial motions. We'll also look at preparing pretrial orders and what happens at a pretrial conference with the judge.

Week Four

Wednesday - Lesson 07

Now the fun really begins—it's time to try our case! In the next two lessons, we'll take a hypothetical case through an entire trial. To start out in this lesson, we'll take a close look at opening arguments and presenting the plaintiff's evidence to the jury. Since you'll be the plaintiff in this matter, you'll have the burden of proof. You'll learn what your side should say what you shouldn't say in opening arguments, and how to effectively question the witnesses for your side. We'll spend a whole chapter dealing with expert witnesses because they can be the most important—and often the most cantankerous—witnesses to deal with.

Friday - Lesson 08

We'll continue our trial in this lesson as you learn how great attorneys cross-examine the witnesses called by the other side. You'll hear about the methods of effective cross-examination, and we'll use these techniques on some of the witnesses in our hypothetical case. Then we'll wrap things up by talking about rebuttal testimony and the critical closing arguments. You're going to find out how to be both eloquent and persuasive with the jury!

Week Five

Wednesday - Lesson 09

Congratulations, the trial is over and we won! So now we just sit back and wait for the check to come in, right? Well, not exactly. The case is probably far from over and the first things we'll have to deal with are post-trial motions and procedures. In this lesson, we'll discuss the verdicts and motions that might be rendered and the different types of motions that the other side might file to try and change the outcome. You'll also learn why you might still want to try and settle the case and how to proceed with post-trial settlement negotiations.

Friday - Lesson 10

You've won a large money judgment in our hypothetical case, but what would you do if you lost? The usual next step is to file an appeal. In today's lesson, you'll learn about the rules and procedures for filing an appeal and for defending an appeal. They're significantly different from the rules and procedures for the trial court. We'll discuss preparing legal briefs for a Court of Appeals, and how to effectively present oral argument. You'll find out what the judges on a appeal court are looking for, and how they handle oral arguments.

Week Six

Wednesday - Lesson 11

In this lesson, you'll learn about the next step a party can take in the appeal process: Taking the case to a state supreme court or the federal Supreme Court. It's a very different process the one we followed for the Court of Appeals. You have to first convince the court to hear your case, and that means you'll need to file of a petition for a Writ of Certiorari. If the court grants the writ, then you'll file a brief and, in a very limited amount cases, get to present an oral argument. We'll also talk about preparing and filing the Amicus Curiae (Friend of the Court) brief. This is a fascinating process that differs significantly from the brief filed by a party to the litigation.

Friday - Lesson 12

Now its time to wrap things up. We've used a single hypothetical case in our lessons, but there are many other civil cases that you may be involved in. We'll take some of the most important areas and discuss the different strategies that your side can employ to help you win. We'll look at the often emotionally charged family law cases, such as those involving divorce, child custody and support, alimony, and property settlements. You'll also learn about filing legal and medical malpractice cases, and the very complicated procedures for filing lawsuits against government agencies.

This course includes a knowledgeable and caring instructor who will guide you through your lessons, facilitate discussions, and answer your questions. The instructor for this course will be Michael Connelly.

Michael Connelly is a former practicing attorney who specialized in trial law. He has tried and won hundreds of cases in virtually all areas of the law including constitutional, personal injury, juvenile, divorce and child custody, contract disputes, and criminal law. He has tried cases in both state and federal courts, winning several landmark decisions during his years of practice. He's also an expert in the preparation of legal briefs and memorandums. Connelly retired from active practice in 2000 and is now a published author, freelance writer, and teacher.

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