Creating Effective Legal Arguments in Litigation – 6924
For most attorneys, the practice of law will involve the structuring of legal arguments. This course is intended to give participants the tools to make effective legal arguments by deconstructing the process through which legal arguments are developed and providing an understanding of the logical relationship between the law and the facts.
The substantive law we will use in developing legal arguments is the law of fiduciary claims, but the argument methodology process and skills participants will develop will be applicable to all types of legal controversies. Fiduciary-based claims arise in multiple business entities and arrangements, financial and commercial matters and asset management relationships. Such fiduciary controversies will include disputes involving corporate boards of directors, investment managers, bond and securitization investment trustees, ERISA plan fiduciaries, public benefit corporation directors, partnerships, agent-principal relationships, lawyer-client relationships, estate administrators and asset trustees and guardians. Further, claims will be examined that seek to extend fiduciary duties and liability to business and commercial arrangements beyond standard fiduciary categories.
Participants will develop written and oral arguments for use in asserting and defending fiduciary claims in litigation, client counseling, document drafting and negotiation.