Room 342 3 graded credits

General Practice Capstone Fall/Spring 2015-2016 Professor Kathryn A. Sampson, 356 Waterman Hall, 479.575.2928, ksampson@uark.edu and Guest Lecturers from the Arkansas Bar General Practice Capstone I Fall 2015, Wednesdays 2:20-5:00 EJ Ball Courtroom, Room 240 Room 324: November 4 and 11 3 graded credits General Practice Capstone II Spring 2016, Fridays, 11:30-2:10 Room 342 3 graded credits General Practice Capstone is designed to provide students with practical information to help transition directly from law school to a general practice. Students may enroll in General Practice Capstone in either or both semesters. The School of Law s Director of Capstone Courses will arrange for experienced practitioners to present a series of workshops on discrete practice areas and will administer an objective exam (short answer and multiple choice) during the finals period. The Director will also develop a library of related reading materials and design exercises to aid students in absorbing materials, in advance of the lectures on point; periodic quizzes and weekly assignments will be used to ensure students maintain an ongoing commitment to study of these materials. The fall semester will cover common areas of general practice, including domestic relations and family law, criminal defense, personal injury, landlord and tenant matters, traffic violations and alcohol related offenses, representation of creditors and debtors, advising small business entities, real estate transactions, common employment law issues, and basic estate planning and probate administration. The spring semester will cover more specialized areas, such as social security disability, elder law, employment litigation, foreclosure law, environmental law, commercial litigation, immigration law, and workers compensation. In the second semester, the practice topics will include matters before courts of limited jurisdiction, and representation of clients before administrative agencies. In both semesters, the practitioners will provide checklists, sample pleadings, common forms, and other practice aids to help students build a useful forms file that will help them navigate the legal system during their early years of practice. Fall Semester: General Practice Capstone I General Practice in Courts of General Jurisdiction Each week in the fall semester, the class with meet from 2:20-5:00, Wednesday afternoons in the E.J. Ball Courtroom. Practicing attorneys will present at each of the sessions. They will provide checklists, sample pleadings, common forms, and reading materials, in support of their lectures and in support of your future law practice. 1

Required course textbooks for General Practice Capstone I and II: Blackboard Course (by Kathryn A. Sampson) for Supplemental Chapters and Articles Two 3-inch ring binders (for forms and other practice literature) Dedicated thumb drive, space on student computer for compiling practice materials and reading assignments related to weekly lecture topics. Resources for substantive topics covered in General Practice Capstone: Ellen S. Podgor & John F. Cooper, Overview of U.S. Law (Matthew Bender 2009). Arkansas Bar Association Arkansas Bar Association ( For Attorneys tab) Small Law Firm Web sites and Related Blogs Trade Association Websites Associates with Specific Practice Areas Practice Materials in Your Jurisdiction -Arkansas Model Civil Jury Instructions -Arkansas Model Criminal Jury Instructions -Arkansas Criminal and Traffic Law Manual - Arkansas Criminal Code Annotated -Howard Brill, Arkansas Law of Damages (Vol. 1, Arkansas Practice Series) -David Newbern, John J. Watkins & D. Price Marshall, Jr., Arkansas Civil Practice and Procedure (Vol. 2, Arkansas Practice Series) -John Hall, Trial Handbook for Arkansas Lawyers (2006 ed.) (Vol. 3 & 3A, Arkansas Practice Series) -Lynn Foster, G.S. Perkins & S. Brida, Probate and Estate Administration (Vol. 4, Arkansas Practice Series). -Family Law and Practice, 2012-2013 ed. (Vol. 5, Arkansas Practice Series) -Arkansas Criminal and Traffic Law Manual -Arkansas Criminal Code Annotated Books related to the business aspects of the general law practice: Recommended (but not required) and on order with university bookstores: Jay G. Foonberg, How to Start and Build a Law Practice (American Bar Association, 5th ed. 2004) Other practice-oriented books include: K. William Gibson, Flying Solo (American Bar Association, 2005); Ann M. Guinn, Minding Your Own Business: The Solo and Small Firm Lawyer s Guide to a Profitable Practice (2010). Course objectives and Learning Outcomes: Explore practice areas that dominate in general practice settings, including both larger practice settings as well as solo and small practice settings. Develop a working knowledge of reading materials designed to assist the practicing attorney work through client relations, professional responsibility, and substance-related issues in the practice of law. Develop a working vocabulary and gateway information about law sources, venues, personnel and forms associated with the attorney s work in the subject areas. 2

Develop a dossier of proficient and community minded attorneys who have specialized in specific areas of the general practice, who have participated in the class and who have offered tips and leads for mentoring and resources. Synthesize the substance of the lecture series into an annotated outline for use in preparing for the course exam and, later, for accessing the course materials while in the practice of law. Course evaluation: 100 points possible for the semester, divided as follows: 70 points objective (multiple choice and short answer) exam during finals period. For admission to this final exam, each student must reproduce for the class records a synthesized outline of lecture materials. This outline will assist students in preparing for the final exam and will set out transfer points for use of the course material in the practice of law. Each outline submitted for this purpose should be no longer that 14 pages single spaced. [Students may use additional written materials for the exam, but students should only submit a copy of a 14-page outline in satisfaction of this requirement. It is recommended that each student bring two copies of the outline, one to manage personal review of notes and material, and the other to submit to me in satisfaction of this requirement. Alternatively, students may upload an electronic version of the outline to TWEN assignment drop box, by 2:00 p.m. on the day of the examination. 10 points attendance, class participation, note taking. Each student begins with 100% of the attendance/class participation points. Each students may be absent from class of total of three (3) days. After three (3) days of absence, additional absences will be calculated into the course grade. Students may virtually attend three missed classes by reviewing the Echo video and submitting lecture notes by the regular deadline (11:59 p.m. on the Sunday after the relevant lecture, unless otherwise indicated [Monday 11:59 p.m. following Labor Day; Tuesday 11:59 p.m. following Fall Break). If a student virtually attends a class pursuant to this provision, please personally send me your upload notes and note the date of absence that you are making up. This will enable me to keep accurate records for your benefit. 20 points periodic quizzes, weekly homework assignments. This segment of the course evaluation is designed to allow students to manage assigned reading material in preparation for the lecture topics. Study sheets will be provided to help students process reading material. Beginning in Week #2, and before the week s lecture, each student will be responsible for submitting homework assignments to Blackboard Journal function. After the semester s mid-point and continuing to the end of the semester (weeks 8-14), the journal entries will cease as a course requirement. (I will keep the journal function active on learn.uark.edu for students to wish to maintain a weekly readings log). Software for periodic assignments and make-up opportunities: 1. Westlaw TWEN for Capstone I, 2015 and Capstone II, 2016 11:59 p.m., the night before the week s first day of classes (usually Sunday at 11:59 p.m. except for Spring Break) upload personal class notes to the relevant week for TWEN Assignment & Quiz Drop Box. Students must enroll in this course, using the E-mail address they use most often and the Westlaw sign-in information. Lecture materials and handouts will be 3

uploaded in the weekly assignment material associated with the Assignment and Quiz Drop Box. 2. Journal Entries (at your option) a. The learn.uark.edu website will be set up to allow students to submit weekly Journal entries for recall of the assigned reading materials. These are not required; students may develop journal course readings at their discretion. I will provide periodic written feedback to students who take advantage of this option. b. My Class Notes will be posted to Course Materials at learn.uark.edu, in a zip file. Weeks 1-7 will be posted by Wednesday, March 2 at 4 p.m. Weeks 8-13 will be posted by Wednesday, April 20, at 4 p.m. c. No make-up classes (via Echo recordings) will be available after my notes are posted. I will draw exam questions from my notes. 3. Content Weekly Readings Log in Learn.uark.edu for LAWW 5523 General Practice Capstone I (1159-THEUA-LAWW-5523-SEC001-9798) (enrollment in the course automatically enrolls all students in this software). Reading handouts will be uploaded to Content Week X Readings, Sundays at 1 p.m., the week of the relevant lecture; quiz questions will be drawn only from readings available Sundays at 1 p.m. before the relevant lecture, but some additional readings may be uploaded to the learn.uark.edu Week X Readings folder as per the preferences of that week s speakers. 4. Outline for Final Examination upload to Assignment Drop box which will be open until Tuesday, May 10, at 2 p.m. Please keep your outlines to a minimum of 14 pages (your outlines may be shorter than 14 pages). 5. EchoCenter Course Portal: access this portal to virtually attend a class that was missed; upload notes to TWEN by the weekly deadline and up to two missed class periods (as measured by attendance sheets) will be counted as present : https://capture.uark.edu:8443/ess/portal/section/dff8f56b-a1fc-4390-8a2b-828430800297 Class Preparation and Attendance Those who develop the information and skills to perform as competent attorneys are those who prepare for, attend, and review class regularly. Reflecting the clear connection between class preparation and attendance and good outcomes as a student, the American Bar Association requires that students attend class regularly and promptly. Attendance records will be maintained for this course. To honor those whose attendance is regular and prompt, a significant percentage of your semester grade is be devoted to recognizing regular attendance. Class attendance will be taken at the start of the hour. Late arrival will constitute a one/half absence for this purpose; chronic tardiness (more than two class meeting times) will move the calculation to one day absence for a late arrival. Weekly assignments will cover reading materials related to the upcoming lecture and will allow for a dynamic conversation between the attorney lecturer and the students. Short-answer quizzes will be administered throughout the course of the semester, to aid in assimilation of reading material 4

and course content. When calculating quiz points, I will drop the 2 (two) lowest quiz scores for quizzes taken throughout the semester. Inclement Weather Policy - This class will not meet when the Fayetteville Public Schools are closed due to inclement weather. The local news channels usually have school closing information posted by 6:30 a.m. Classes that are rescheduled because of inclement weather are subject to the attendance policy, with the caveat that students can make up a missed class by reviewing the Echo recording of the class and by submitting personal notes on the lecture directly to Professor Sampson at ksampson@uark.edu Exam Professor Kathryn Sampson will coordinate these lectures and also administer a final exam (objective and short answer format), scheduled by the registrar s office during the exam period. Please check your exam schedule NOW to resolve any conflicts. The final exam for the class will NOT be rescheduled. Center for Educational Access and Classroom Accommodations Students with disabilities, whether physical, learning, or psychological, who believe that they may need accommodations in this class, are encouraged to contact the Center for Educational Access as soon as possible to ensure that such accommodations are implemented in a timely fashion. Please meet with Center staff to verify your eligibility for any classroom accommodations and for academic assistance related to your disability. You should also see Associate Dean Jim Miller or Professor Sharon Foster for assistance. You may reach the Center for Educational Access at (479) 575-3104. Any individual accommodation must be assessed and directed via written statement from the Center. Please seek accommodations from the appropriate official as soon as you become aware of a potential disability. http://www.uark.edu/ua/csd/ The Semester calendar appears at pages 6 and 7 of this syllabus. Thank you for participating in this course! Professor Sampson ksampson@uark.edu 5

Overview Big Picture of Law Practice (1) January 15 Bill Kinkaid Tamla Lewis Matt McCoy (2) January 22 John Mikesch Tim Myers (3) January 29 Steve Kay (4) February 5 Donna Davis Natalie King University of Arkansas Office of the General Counsel Divorce Toolkit Insurance Law Toolkit Criminal Law/Immigration Consequences Motion Practice immigration overview/northwest Arkansas specialized consideration for women in immigrant community (5) February 12 Evelyn Brooks Mike Mayton (6) February 19 Worker s Compensation Jera Rae Houghtaling Arkansas Department of Human Services, Litigation in Juvenile Court (7) February 26 Mark Henry Adam Hopkinss Trademark, Patent/Copyright Law Informal and Document Discovery (8) March 4 Tim Tarvin Consumer Bankruptcy Jennifer DuCharme (9) March 11 Consumer Bankruptcy (10) March 18 Mima Cazort Meghan Gallo Spring Break Social Security Disability 6

(11) April 1 Steve Kay Paul Reynolds Motion Practice Alcohol Beverage Commission (12) April 8 Medicaid Planning Darlene Irwin Lauren Adams (13) April 15 Vince Chadick Deposition Practice (14) April 22 IDEA/504 & Due Process December 8, 2015 Final Examination Exam Review IDEA/504 & Due Process http://law.uark.edu/documents/2012/01/draftsp2016finalexam Schedule10-2-2015.pdf Tuesday, May 10, 2016 (Secure ExamSoft; open book, open note) upload your (14-page maximum) outline for the final exam to TWEN assignment drop box on or before 2 p.m. on Tuesday, May 10. 7