Advanced Litigation Strategy


Overview

This advanced, practice-oriented course integrates substantive legal analysis, civil procedure, evidence, discovery, negotiation, and trial advocacy into comprehensive litigation strategy. Students examine early case assessment, client and witness interviewing, factual investigation, forum and jurisdiction selection, pleadings, motions practice, preservation obligations, proportional discovery, electronically stored information, privilege, expert witnesses, evidentiary foundations, injunctions, settlement, mediation, trial preparation, appellate preservation, and post-judgment enforcement.

The course emphasizes strategic decision-making under uncertainty, cost-benefit analysis, professional responsibility, client objectives, procedural deadlines, technology, and public communications. Students develop a complete case plan from intake through resolution, including a theory of the case, chronology, issue map, discovery plan, witness strategy, motion schedule, settlement analysis, and trial outline. Practical exercises develop advanced written and oral advocacy in simulated litigation environments.

Learning Outcomes

  • Evaluate legal, factual, procedural, ethical, and commercial considerations in complex litigation matters.
  • Synthesize a coherent theory of the case from legal authorities, disputed facts, evidentiary constraints, and client objectives.
  • Prioritize litigation risks, deadlines, resources, and strategic options under conditions of uncertainty.
  • Design proportionate investigation, discovery, electronically stored information, privilege, and witness-management plans.
  • Draft persuasive pleadings, motions, procedural documents, settlement analyses, and litigation recommendations.
  • Perform advanced oral advocacy, including examination, cross-examination, evidentiary argument, and simulated hearing submissions.
  • Assess adversarial responses and revise litigation strategy in light of procedural developments, evidence, and negotiation dynamics.
  • Formulate ethically sound recommendations that comply with professional duties, client instructions, confidentiality obligations, and procedural rules.
  • Present and defend an integrated case strategy from intake through trial, settlement, judgment, or appeal.

Timetable

TypeLengthFrequencyPeriod
Lecture2 hoursWeeklyAll semester
Tutorial1 hourWeeklyAll semester
Workshop2 hoursFortnightlyAll semester
Practicum2 hoursFortnightlySecond term

Assessment Schedule

TypeDescriptionWeighting
CapstoneLitigation strategy dossier30.00%
TestSimulated hearings (2 × 10%)20.00%
AssignmentDeposition and examination exercises (2 × 10%)20.00%
CapstoneCase presentation20.00%
AssignmentProfessional responsibility reflection10.00%

Prerequisites

Teaching Staff & Programs

This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.