Coaches Cook, Sobieski: Practice makes perfect

SUMMER 2015
C E N T E R FO R A DVO C ACY & D I S P U T E R E S O LU T I O N
Coaches Cook, Sobieski: Practice makes perfect
Professor John Sobieski, 2014–2015 National Moot Court Team members John Baxter, Kaitlyn Holland, and Jarrod Casteel, and Professor Joe Cook
F
or more than four decades,
about detrimental reliance and
during his senior year, he was a
the team by serving as judges for
Professor Joseph Cook has
promissory estoppel.
member of the top-ranked debate
the team’s oral argument practice
team in the country.
rounds. Jarrod Casteel, a 2014–
coached the College of Law’s
“Back in those days, the faculty
National Moot Court Team. He
consisted of about twelve profes-
When Cook began coaching
2015 team member, attests to
began at the request of Profes-
sors and everyone served,” Cook
the National Moot Court Team,
the “incredible level of intensity
sor Forrest Lacy, a senior faculty
says. He was likely recruited to
he implemented a preparation
that comes with making your ar-
member who, like Cook, inspired
coach the team because of his sto-
strategy that is now common only
gument before a panel of College
and intimidated first-year con-
ried college debate career at the
among teams at UT. He implored
of Law faculty members.” When
tract students with questions
University of Alabama, where,
other faculty members to “moot”
Cook began using this practice
3 Focus on Adjunct Faculty
4 Summers/Woolf Scholars
5 Songs to Supreme Court
6 Focus on Faculty
method, it was revolutionary
this degree of loyalty because of
and quickly produced teams ca-
the role the professors and the
pable of competing at the high-
process played in helping them
est levels of the competition.
attain confidence and demand
In his fifteenth year as coach,
2
excellence of themselves.
Cook recruited Professor John
Sometimes the relationship
Sobieski, who regularly mooted
between former team members
the team’s oral arguments, to
and the professors extends to
serve as the team’s second coach.
families. A notable example is
Just as Cook had revolutionized
Susan Devitt, a member of the
oral argument preparation, So-
1985 and 1986 teams. Susan lost
bieski dramatically altered the
her life tragically at an early age,
team’s brief-writing preparation.
and her family honors her mem-
In a workshop infamous among
ory each year by attending the
former members of the team,
college’s Moot Court Banquet
Sobieski forced team members
and honoring moot court excel-
to confront and face their writ-
lence with an award bearing De-
ing shortcomings in front of oth-
vitt’s name.
er team members. As humbling
This year, the Moot Court
and uncomfortable as the pro-
Board gave the Forrest Lacey
cess is, it also produces results:
Award to Cook and Sobieski. The
During Sobieski’s first year as
award, named for their coaching
coach, the team won the College
predecessor, is given to faculty
of Law’s second national cham-
who make outstanding contri-
pionship.
butions to moot court activities.
Advocacy Center
co-founder honored
S
id Gilreath (’62) has done a lot of outstanding things in his life.
What has led two remark-
Although both had won the
ably distinguished professors
award previously, this year’s rec-
Forty years ago, he established a Knoxville law firm specializing in
with heavy teaching loads and
ognition is especially deserved.
of his practice, he acquired many multimillion-dollar verdicts for in-
demanding publication obliga-
Under the tutelage of Cook and
jured clients. To make visiting his clients who lived across the South-
tions to devote months each year
Sobieski, the 2014 National
east easier, he became a pilot. His expertise as a lawyer led his peers to
to coaching UT Law’s National
Moot Court Team—comprised
elect him president of the Tennessee Association for Justice and the
Moot Court Team? Both pro-
of John Baxter, Jarrod Casteel,
American Board of Trial Advocates and vice president of the American
fessors have seen coaching the
and Kaitlyn Holland—advanced
Association of Justice. Colleagues and clients recognized him as one of
team as a way to interact with
to the finals in New York and
the best lawyers in Tennessee and America. In the late 1990s, Gilreath
students outside the classroom,
won the award for best brief.
and a handful of lawyers created the Center for Advocacy and Dispute
personal injury, product liability, and medical negligence. In the course
to challenge a small group of
En route back to Knoxville af-
Resolution at the College of Law, placing UT at the forefront of experi-
hand-picked students to press
ter the competition, Cook, in his
for excellence, and to come to
traditionally parsimonious man-
Now Gilreath has accomplished another milestone. For his lifetime
know them on a personal level.
ner, asked, “Well, was it worth
of advocacy, he has been awarded the 2015 Tennessee Association for
The relationships built be-
it?” The team answered—as they
Justice Lifetime Achievement Award.
tween the coaches and the
feel certain every team for the
“Sid is a champion for justice. He has been active in the trial lawyer
mooters extend well beyond the
last half-century has—with a re-
association for over fifty years and is still at the top of his game,” said
year or two that students are
sounding “absolutely!”
Suzanne Keith, executive director of the Tennessee Association for Jus-
ential learning in legal education.
members of the team. As this
Casteel thought it fitting to ask
tice, when presenting the award at the association’s annual meeting in
year’s team was put through the
the professors a version of the
June. “We appreciate all his dedication in helping injured clients and in
paces in oral argument practice,
same question. After all the time
supporting our efforts to fight for civil justice.”
they found many of the prac-
and energy expended and all
When students in the center learned about Sid’s award, they created
tice-round judges were former
the effort given in nearly eighty-
a number of videos to congratulate him. Though spoken in different
mooters returning to hear the
three combined years of nation-
words, their sentiment was identical: Thank you, Sid Gilreath, for your
team at the coaches’ request.
al moot court coaching, was it
support for the advocacy concentration. Without individuals like you,
Years after graduation, former
worth it? Not surprisingly, they
we would not have had the amazing opportunities that have been af-
team
echoed the team: “Absolutely!”
forded to us at the College of Law.
members
SUMMER 2015
demonstrate
FOCUS ON ADJUNCT FACULTY
Lehberger dedicated to helping domestic violence victims
J
udge, professor, and attorney Jo Ann Lehberger has worked in
family law for more than thirty years. When she joined UT Law’s
Clinical Programs as an adjunct faculty member supervising the Domestic Violence Clinic, she brought along decades of family law experience from both sides of the bench.
As a family court judge in Lexington, Kentucky, Lehberger presided
over hundreds of cases involving all aspects of family law. Among all
those cases, she felt like she made the greatest contribution in helping
people whose cases were on the domestic violence docket.
“In domestic violence cases, I found most parties—plaintiffs and defendants alike—were unrepresented,” Lehberger says. “The plaintiffs
were often very frightened, not only by the court system, but also by the
presence of the defendant. I tried to listen to them and put myself in
their shoes. I felt as if I was a first responder to the recent happenings
in their lives that brought them to court. I felt responsible to try to understand what was going on and, if the law and the proof warranted it,
provide the legal relief they needed to protect themselves and resolve
the conflict in their lives at that time.”
It was that desire to help victims experience an accessible and compassionate court system that ultimately led Lehberger, after retiring as
a judge, back to her hometown of Knoxville to a law firm specializing
in family law and to serve as an adjunct professor at UT Law. Inspired
by a passion to teach those who work in the court system about the
dynamics and manifestations of domestic abuse, Lehberger has remained focused on her goal of improving the legal system for the benefit of victims of domestic violence.
Her passion for helping victims navigate a sometimes uncaring, biased system is apparent to her students. Rising 3L Hayley Scheer was a
student in the Domestic Violence Clinic during her second year of law
student from the College of Social Work to help students address cli-
school. When Scheer was considering whether to participate in a clin-
ents’ non-legal needs. “This teaches the student lawyers to draw upon
ic, she attended an informational meeting where she met Lehberger,
other resources to assist in meeting the client’s various needs.”
whom Hayley found to have “an infectious conviction in her voice” and
“true passion for her clients.”
Although representing victims of domestic abuse is emotionally
difficult, Scheer has found the greater difficulty to be witnessing the
Student attorneys in the cinic work with clients to seek and enforce
treatment that victims receive in the courts when cases are continued
orders of protection. Scheer remembers she initially had a misconcep-
repeatedly, setting up what she refers to as a “perpetual timeline.” De-
tion that the types of cases that the clinic handled were very limited.
spite this difficulty, she believes the “payoff of hard work and dedica-
Although the clinic only represents individuals in a specific type of fam-
tion to your clients exceeds the challenges you face. Without a doubt,
ily law matters, she quickly learned “numerous factors contribute to a
the most rewarding aspect is the feeling of knowing that you helped at
client’s need to secure protection from family violence.”
such a critical time in their life.”
“Domestic violence does not happen in a vacuum,” Scheer says.
For Lehberger, who has devoted her professional life to improving
“Most of our clients are not only dealing with legal issues surrounding
the system for victims of domestic violence, another reward is the
domestic violence, but at the same time, they often face financial issues,
renewed faith that each semester of directing the Domestic Violence
relationship struggles, and other legal problems.”
Clinic brings.
Lehberger echoes Hayley’s insight about the importance of address-
“I have said it time and time again: Whatever UT Law is doing to
ing all of a client’s needs. “We encourage students to engage in holistic
select and train these students before they enter the clinic is amazing,”
representation because domestic violence victims usually have multi-
she says. “They are so smart, enthusiastic, and dedicated. I know this
ple needs, many of which are non-legal,” she says. The clinic utilizes a
profession I love will be in good hands with them.”
T H E A D V O C AT E
3
Meet this year’s Summers and Woolf Scholars
A
great choice among many
Davis, the 2015 Woolf Advoca-
qualified applicants” is how
cy Scholar, formulate her career
Tennessee Supreme Court Justice
plans. When a mock trial coach
Gary Wade described the selec-
forced her to switch sides in a
tion of Heather Good as this year’s
competition after she had pre-
Summers Trial Advocacy Scholar.
pared for weeks, Davis embraced
Wade, the UT Law dean, and pres-
the difficulty and found that the
idents of the Tennessee Associa-
transition stretched her thinking
tion for Justice and the Tennessee
and improved her performance.
Association of Criminal Defense
“I love being my client’s voice,”
Lawyers select the recipient each
Davis says. “Being forced to switch
year. Funded by Jerry Summers
sides reinforced that each case is
and the Summers, Rufolo & Rod-
multifaceted and each client has a
gers firm, the scholarship aids
story that needs to be told.”
a student who has excelled in
the advocacy concentration and
whose career objectives include
being a trial lawyer.
2015 Woolf Advocacy Scholar Meagan Davis and 2015 Summers Trial
Advocacy Scholar Heather Good
When Davis had the opportunity to intern for a circuit court
judge, she knew that her real pas-
Her plan worked. Although she
that in my own life. I did not come
sion was for civil trial work. Fasci-
Describing herself as “nervous
still feels nervous at the beginning
from money, and money is not the
nated by medical malpractice and
about public speaking,” Good de-
of a competition, she now knows
end result that I seek as a lawyer.
personal injury cases, she was a
cided as she entered law school to
with utmost certainty that she
I want to wake up each day and
perfect choice for the scholarship
participate in mock trial compe-
wants to be a trial lawyer.
know that I love what I am doing
created by those at Woolf Mc-
and that I am making a difference
Clane Bright Allen & Carpenter to
in someone’s life.”
honor the life work of Lou Woolf,
titions to determine whether she
“I watched my mother struggle
could overcome—or at least chan-
to make ends meet my entire life
nel—her fear in order to become a
at a job that she hated,” Good says.
Mock trial also played a for-
trial lawyer.
“My worst fear would be reliving
midable role in helping Meagan
a firm member who practiced law
for more than fifty years.
Center grads receive challenge, encouragement
G
4
raduates who completed
lose a mediation. Litigators’ no-
want their day in court. Will you
their coursework in ad-
tion of winning has devolved into
have the courage to do it?”
vocacy and dispute resolution
‘Did I get the most discovery?’
received an unusual challenge
or ‘Did I outbill my opponent?’
Trial Practice to hundreds of stu-
from C. Clifford Shirley, Unit-
rather than ‘Did I do well by my
dents as an adjunct professor at
ed States Magistrate Judge for
client?’
UT Law, expressed confidence
Shirley,
who
has
taught
the Eastern District of Tennes-
“The timing [to distinguish
in the graduates’ ability to meet
see and the keynote speaker for
yourself as a trial lawyer] has
his challenge. “I know you can
the center’s 2015 Collaboration,
never been better,” Shirley add-
do it. I’ve seen it. Be fearless.
which celebrates the accomplish-
ed. “Here’s the dirty rotten se-
Fearlessness is the hallmark of a
ments of center graduates and
cret. If you want to be noticed, if
great trial lawyer. In trying cases,
adjunct faculty.
you want to distinguish yourself
in taking on cases for unpopular
“I want you to be trial law-
and be respected very early on,
yers,” Shirley said. “Trial lawyers
just go and try cases. If you do
today are being replaced by or
that, you will quickly be known
morphed into litigators. As skills
as a trial lawyer. You will be a
wane, fear waxes. The end game
unique product. The word will
for litigators is mediation be-
spread. All you need is your
courage. Clients often want their
fession and hand it off far better
cause, after all, it’s pretty hard to
client’s blessing and personal
lawyers to try their cases. They
than when you received it.”
SUMMER 2015
Judge C. Clifford Shirley (right)
congratulates Lee Nutini (’15) at
the center’s annual Collaboration.
clients, you will become a model
of courage for your profession.
My hope for you is that you will
do so, and that in doing so you
will protect and improve our pro-
From songwriting to the Supreme Court
T
he most outstanding single
constitution and statutes pertain-
educational experience I had
ing to a person’s right to bail.
in law school.”
Although Davis’s second ap-
That is Michael Davis’s (’15) de-
peal—a TennCare case referred to
scription of the year-long Appel-
the clinic by the Tennessee Justice
late Litigation Clinic that he took
Center—received less attention, it
during his third year at UT Law.
arguably came closer to fulfilling
Davis followed a circuitous
his goals in coming to law school.
route to UT Law. After growing
“Having interned [at the Ten-
up on a dairy farm in Benton,
nessee Justice Center] after my
Tennessee, he “dabbled in music,
1Lyear, I knew they did great work
songwriting, and other creative ar-
on important health care issues,”
eas.” He then worked in the men-
Davis says. “The issue raised was
tal health and social work fields,
the denial of medical devices to an
where he witnessed the “way law
indigent TennCare enrollee. The
and policy affect people’s lives.”
case turned on the medical neces-
“I was surrounded by need,” he
sity of the devices, the procedure
says, which gave him “a desire to
TennCare uses to establish medi-
The similarities between songwriting and appellate
effect change.” After a while, Da-
cal necessity, and the federal laws
brief writing are fairly obvious; you have something
vis realized the best way to effect
requiring equal care to all enroll-
to say and you try to say it the best way you know
lasting change was “to learn the
ees in state programs.”
how. Ideally, you really believe in what you are
law and put it to use.”
After an initial win, the case
Davis’s prior work experience
was overturned on administrative
led him to pursue classes that
review. The clinic’s petition for
would provide real-world legal
judicial review ultimately led the
experience and an ability to con-
state to provide the medical devic-
nect with and address clients’
es—change that positively impact-
legal problems. Participating as a
ed the client’s life.
saying. Recording and production are also similar
to appellate work in the way you pore over every
detail. Perfection isn’t really attainable, but you try
to get as close as you can. And in performing, just
like with oral argument, you get in front of your
audience and you make your audience believe what
you have to say. But if someone starts interrupting
member of the Trademark Moot
But why exactly does Davis
Court Team inspired an inter-
describe his time with the clinic
est in appellate practice and led
as his “most outstanding single
Davis to become a student in the
educational experience” in law
Appellate Litigation Clinic, where
school? His answer is straightfor-
he received guidance from expe-
ward: Working with the other stu-
rienced appellate attorneys and
dents and professors, his personal
served as lead counsel for Shan-
to effective appellate advocacy,”
saw how cases shaped law. What
connections and growth, and the
non Faulkner in litigation against
Jewel says.
he had not anticipated was that he
contributions of Professor Valorie
the Citadel,” Vojdik says. Drawing
After more than a decade of
would handle successfully not one
Vojdik, adjunct professor Wade
on those experiences, she wanted
teaching legal research and writ-
but two appeals, one of which he
Davies, and his fellow students.
to help students develop skills in
ing, Jewel felt like she had “lost the
persuasion and legal rhetoric.
connection between legal practice
argued as a 3L in the Tennessee
Supreme Court.
Vojdik created the Appellate
your song on stage, you can have them thrown out.
When it happens in a courtroom, you smile and say,
“Yes, your honor!” —MICHAEL DAVIS (’15)
Litigation Clinic to provide a clin-
Professor Lucy Jewel, who will
and the real people impacted by
Researching, writing, and prac-
ical opportunity for students that
teach the Appellate Litigation
it.” She sees teaching the clinic
ticing oral arguments almost ev-
focused intensely on legal anal-
Clinic during the 2015–2016 aca-
as a way to reconnect with her
ery day, Davis found the help of
ysis, research, and writing that
demic year, also stresses the role
values while providing a robust
UT Law faculty to be instrumental
would also help them learn how to
of rhetoric as a means of effecting
educational experience for stu-
in his preparation for oral argu-
persuade courts to change the law.
social justice outcomes.
dents like Davis who want to hone
ments in the Tennessee Supreme
“Before joining the legal acad-
“I write about rhetoric and how
their skills in complex problem-
Court. The case Davis argued in-
emy, I worked on many appeals
persuasion works in the mind.
solving, argumentation, and oral
volved provisions in Tennessee’s
in state and federal courts and
Much of this knowledge applies
presentation.
T H E A D V O C AT E
5
FOCUS ON FACULTY
Rivkin teaches students to learn by doing and watching
Anna Swift (’14), attorney Brenda McGee, and Professor Dean Rivkin listen to an argument in the Tennessee Court of Appeals.
(Photo courtesy Lincoln Memorial University)
T
he College of Law takes pride in the fact that students in externships,
clinics, and practicums “learn by doing.” Undoubtedly, the learning
experience is enriched further when they can also “learn by watching.”
For forty years, students in Professor Dean Rivkin’s clinics, practicums, and seminars have learned not only by doing, but also by watch-
6
signed to stabilize the student at school and the family at home.”
Under Rivkin’s guidance, practicum students represent youth in special education and school discipline cases; seek change in school policies
affecting attendance, graduation, and school services; and pursue access
to justice for youth in noncriminal status offense cases.
ing their professor as he advocates on behalf of children, families, and
His approach clearly works. Not only do practicum students learn
environmental interests. During his tenure as a law professor, Rivkin has
and do, they achieve remarkable results. This spring, Rivkin, community
continued to serve as counsel in significant public interest litigation con-
cooperating attorney Brenda McGee, and the Education Law Practicum
cerning such issues as prisoner rights, environmental protection, special
were honored by the disABILITY Resource Center with the center’s Ad-
education, and equal access to justice. In the classroom and the court-
vocacy Award. Recognizing Rivkin and McGee as “tireless champions for
room, Rivkin has inspired generations of law students to pursue careers
children’s rights,” the award also recognized their work as mentors and
in public interest law. Additionally, he has authored volumes of scholar-
their students’ accomplishments. “They have mentored rising lawyers
ship promoting public interest advocacy and grassroots involvement in
through UT’s Education Law Practicum,” the award narrative states.
reform on issues ranging from education to environmental protection
“Their students have successfully advocated for far-reaching regulations
law.
compelling Tennessee school systems to screen students for providing
A keen example of Rivkin’s learn-by-doing, learn-by-watching ap-
accommodations before initiating truancy proceedings, represented cli-
proach is his Education Law Practicum, which he created to introduce
ents in truancy proceedings, helped develop alternative educational pro-
students to public interest lawyering practice.
grams for teens and adults with disabilities, helped simplify the process
“At its inception in 2009, the practicum’s chief focus was to repre-
for applying to get a GED, were instrumental in shining a national spot-
sent students in truancy prosecutions, a form of school exclusion and a
light on the flaws in truancy laws, [and] given presentations to educate
gateway to the recognized ‘school-to-prison-pipeline,’” says Rivkin. “The
the general public on race disparity and the harshness of punishment for
practicum’s work combined individual case representation with broad-
truancy violations.”
er law reform initiatives—issues that affected the practicum’s clients, as
Rivkin’s hands-on approach to teaching ensures his passion for
well as others who were court-involved or were at risk of court involve-
social justice will be carried forward in the next generation of legal
ment. This focus has led to a holistic practice for clients and families, de-
professionals.
SUMMER 2015
PAD mock trial team welcomes 1L students
T
raditionally, first-year law
students are encouraged to
focus all of their energy on their
coursework. Getting your bearings in law school can be a challenge, especially for those who
made it this far without much
stress or studying. As a result, 1Ls
are not encouraged to participate
in some extracurricular activities,
including the College of Law’s vigorous moot court program.
Over the last several years, in
order to bridge the gap, the Center
for Advocacy and Dispute Resolution has sponsored an introductory mock trial competition, affectionately known as Advocacy Idol.
Over the course of a few hours,
first- and third-year law students
Phi Alpha Delta team members Kaya Porter, Carter Pack, Evan Williams, Spenser Powell, Marriah Paige,
coach Katryn Ellis, coach Casey Duhart, and Hoai Robinette (not pictured: Jill Irvin and Robert Weaver)
partner for a quick introduction to
opening statements. But for some
prepare an opening statement to
fellow law students from around
second year of law school were
first-year students, this brief op-
try out,” he says, “yet recently I
the country.”
pleasantly surprised by how much
portunity to participate in a small
was able to put one together in a
“I think the most unexpected
they learned through the experi-
segment of a mock trial is not suf-
matter of minutes for the Advoca-
thing at competition was the in-
ence, despite already having Ev-
ficient. Fortunately for them, the
cy Idol competition.”
consistency among judges, even
idence and Trial Practice classes
under their belts.
Phi Alpha Delta (PAD) mock trial
The 2015 mock trial competi-
though I knew to expect that to
team welcomes hardworking and
tion itself was no walk in the park.
an extent,” says Pack. “One judge
“Mastering the art of raising
determined students, regardless
“When our team found out we
told me to use my stature (I’m a
timely objections and being able
of their year in law school.
were ranked in the top two and
big guy) by imposing myself more
to effectively argue for or against
The opportunity to join the
would be competing for first place,
on the jury, but the judge com-
a point on the spot is a constant
PAD mock trial team came as a re-
we had just finished a round,” says
menting after him told me not to
learning curve,” says Paige. “The
lief to Carter Pack in his first year.
team member Marriah Paige. “We
do that because she wouldn’t want
only way to improve is to put those
“I come from a small undergrad
literally had fifteen minutes to
me any closer or any more press-
skills to use.”
[college] that didn’t even have a
prepare and present the opposite
ing.”
mock trial team,” he says. “I al-
side of the case.”
Most importantly, everyone
Gaining mock trial experience
had a great time. “Being able to
ways thought that I wanted to be
The UT team ultimately placed
while immersed in 1L coursework
help mentor younger law stu-
a litigator, and this team proved to
second overall. Team member
helped Powell find more value
dents do something I enjoy was
be a great opportunity to get my
Spenser Powell was surprised by
in his classes. “For example,” he
a great experience,” says team
feet wet in advocacy and see if I
the high caliber of the opposing
says, “one aspect of the problem
member Kaya Porter. “The eight
really had what it takes to consider
teams. “Every student and team
involved a concert ticket with boil-
of us formed a tight bond that will
such a track.”
had, quite obviously, invested a
erplate language that implicated
undoubtedly remain beyond this
With amusement, he reflects on
great deal of time and thought in
both contract and tort issues.”
semester, and I look forward with
how much it forced him to grow in
preparing their cases,” he says.
The competition left him with a
anticipation to the great litigators
his first year. “It’s crazy to think
“The tournament provided an op-
reinforced interest in pursuing a
my colleagues and friends will cer-
that in November, I spent a week-
portunity for both robust compe-
career in tort litigation.
tainly become in the future.”
end watching YouTube videos to
tition and friendly interaction with
Members of the team in their
—By Jessica Walker, rising 2L
T H E A D V O C AT E
7
Center for Advocacy & Dispute Resolution
1505 W. Cumberland Ave.
Knoxville, TN 37996-1810
law.utk.edu/advocacy
The center congratulates Doug
Blaze for his service as dean
of the College of Law from
UPCOMING EVENTS
2008 to 2015. Because of his
AUGUST 24
OCTOBER 9
leadership, we are a stronger
“From a Juror’s Perspective”
Special presentation for Trial Practice
students
Food and Agricultural
Law Symposium
law school, and because of
his example, we are better
lawyers. Thank you, Doug!
Penny J. White
Director
SEPTEMBER 21
Advanced Cross-Examination
Special presentation for Trial Practice
students
Sponsored by the Center for Advocacy
and Dispute Resolution and the
Tennessee Journal of Law and Policy
NOVEMBER 2–5
Advocates’ Prize Competition
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of its education and employment programs and services. All qualified applicants will receive equal consideration
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