Center for Legal Aid Education

Affirmative Litigation Training

Affirmative Litigation Training (ALT), offered through a combination of web-based and in-person learning activities, provides a comprehensive introduction to the process of prosecuting a complex affirmative case in federal or state court. It includes a mix of interactive sessions, webinars and multi-media lectures on the substantive law of claim justiciability, as well as practical exercises on discovery, complaint drafting, motion practice and emergency relief. Together, these elements, and the course as a whole, provide a solid foundation for strengthening legal aid practice and moving our community toward a renewed focus on high impact, change-oriented advocacy ALT includes three weeks of web-based activities plus three days in-person.

Topics covered in this course include:

Causes of Action for Affirmative Litigation - Section 1983

Complaint Drafting

Complex Case Analysis and Planning

Damages

Discovery Planning and Practice in Complex Litigation

Exhaustion and Preclusion

Motion to Dismiss Practice and Surviving a Motion to Dismiss

Non-Monetary Relief

Nuts and Bolts of Federal Practice

Seeking Broad Based Relief

Includes alternatives to class actions for LSC programs

Seeking Emergency Relief

Sovereign Immunity

Standing and Mootness

State Action and Color of Law

The Clerk's Perspective

The Judge's Perspective

TRO Motion Practice

ABA Standards addressed include:

2.6 - Achieving Lasting Results for Low Income Individuals and Communities

pdf PDF Version - 288.16 KB

3.1 - Full Legal Representation

pdf PDF Version - 285.28 KB

7.11 - Litigation

pdf PDF Version - 268.50 KB

7.11-1 - Litigation Strategy

pdf PDF Version - 281.93 KB

7.11-2 - Pleadings

pdf PDF Version - 277.22 KB

7.11-4 - Discovery

pdf PDF Version - 272.79 KB

Sample resources for this course

Affirmative Litigation 2011 Course Report

ALT on the ground in Illinois and Missouri

CLAE Guide to using Webinar

Exhaustion, Standing and Mootness

Session notes.

How to Build an Environment and Culture that Suport Affirmative Advocacy

By Ross Dolloff

Reflections

pdf download Reflections - 734.11 KB

Session notes.

Sovereign Immunity

Q and A.

Faculty for this course:

John Bouman

John Bouman

Ellen Hemley

Ellen Hemley

Vice President of Training Programs

Ellen Hemley brings over 30 years of experience in the equal justice community to her role as Vice President of Training Programs.

Gregory Bass

Gregory Bass

Gregory Bass has been in legal services since 1981.

Dick Bauer

Dick Bauer

Dick Bauer is a Senior Attorney in the Housing Unit at Greater Boston Legal Services, to which he has recently returned after spending most of the past year here at CLAE as the Senior Equal Justice Training Fellow.

Anne Blanchard

Anne Blanchard is litigation director at Connecticut Legal Services, the program she joined immediately after passing her bar exam and remains at nearly 20 years later.

Jim Breslauer

Jim Breslauer

Jim Breslauer ("Bres") is the Advocacy Coordinator at Neighborhood Legal Services in Lynn and Lawrence Massachusetts.

Bob Capistrano

Bob Capistrano

Bob Capistrano is director of advocacy and training at Bay Area Legal Aid.

Hannah Lieberman

Alice Nelson

Richard Weishaupt, Esq.

Shelley White

Shelley White

Litigation director at New Haven Legal Assistance Foundation, Shelley White has litigated numerous cases in federal and state courts.