The Legal Advocate

A blog brought to you by the national institute for trial advocacy

Category Archives: Publications

NITA Case File: Yount v. Molitor

Posted On , , , By

yountVmoliterBy Paul Zwier & William Hunt

For Fred Yount, being Hal Molitor’s protege, was getting caught in a downpour of pennies from heaven. By working hard at Hal’s business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had, and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal’s “investment” operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred’s business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred’s severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement.

Yount v. Molitor tests the student’s advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online “microsites.” In this novel case of finance and flirtation, students will discover that there’s nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit.

Faculty Materials: $35Order Now: at
Plaintiff Materials: $35Order Now: at
Defendant Materials: $35Order Now: at


Evidence Problems

Posted On By

Evidence-Problems-COVERby Bruce G. Berner

Judicial opinions are a wonderful tool to introduce students to certain principles embedded in the evidence rules, but the problem method of learning is a more efficient way for student to not only comprehend the purposes of the rule, but also to gain confidence in working with those rules.

Evidence Problems presents a set of problems designed primarily as supplementary material for an introductory course in Evidence. These problems allow the first-time evidence student to gain a working knowledge of how the rules work in connection with a set of recurring trial situations. Some problems are designed to be used after a lecture or a discussion of casebook, rulebook, or textbook material. Other problems are designed to cement a student’s understanding of the purpose and operation of a given rule of evidence. Evidence Problems also presents review problems for students to work through on their own.

Evidence Problems can also be used to help trial advocacy or trial practice students review the rules.

Retail Price: $45

Order Now in: ePub (iPad, Kobo, Nook, Sony), Mobi (Kindle) or Print

NITA Case File: Point v. Dunstable

Posted On By

pointVdunstableHaving a film short accepted at the prestigious Sundance Film Festival is a dream come true for many indie filmmakers-especially if early buzz suggests it could take the top prize. Such was the case for French filmmaker Josephine Point and What Red Balloon?, Point’s incisive, twenty-minute social critique of globalization. But when her distributor colorized portions of the film without her express consent, Point was outraged and embarrassed, but hardly surprised, when her film was the flop of Sundance. Colorization had changed her film’s theme to such a degree that it no longer made the strong social statement that the plaintiff intended, and her repeated invocation of droit moral-the European legal concept of artists’ “moral right” to have their artistic works remain as they created them-fell on the deaf ears of counsel and the arbitration board assembled to settle the dispute.

Point v. Dunstable is a legal malpractice case involving artists, arbitrators, film experts, questions of professional liability, and the nexis-if any-of American and European intellectual property law. With exhibits and two witnesses (including experts) per side, Dunstable sharpens a student’s trial skills and knowledge of ethics and professional conduct. Substantive knowledge of intellectual property law is neither tested nor required. It is suitable as a half-day bench trial or full-day full trial.

Please note that a crucial part of the fact pattern in Point v. Dunstable concerns the unauthorized colorization of the plaintiff’s film. The movie stills are reproduced in black and white exhibits in the print version of this case file, but appear in accurate color on the CD-ROM. Please refer your students to the CD-ROM exhibits when teaching this case file.

ISBN: 9781601564009 Retail: $35

Order Now: at

Featured Publication: Alternatives to Litigation

Posted On By

Mediation, Arbitration, and the Art of Dispute Resolution, Third Ed

by Andrea Doneff and Abraham P. Ordover

altToLitAlternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR.

Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues, and other useful resources.

About the Authors

Andrea Doneff is an associate professor and Director of the Legal Skills and Professionalism Program at Atlanta’s John Marshall Law School, where she teaches courses on ADR, Mediation, Legal Writing, Civil Procedure, and Transactional Drafting. Ms. Doneff writes in the area of arbitration and negotiation. She has been mediating and arbitrating for over twenty years, concentrating on business litigation including contracts, franchise, and employment matters

Abraham P. Ordover founded Resolution Resources Corporation. While in practice he mediated over 1,500 cases. Though he mediated a wide variety of cases, his specialty was complex, often multiparty disputes involving business, government and other parties. His work in superfund cases was national in scope and usually involved billions of dollars in dispute. He retired from active practice in 2011. A graduate of Syracuse University and Yale Law School, Mr. Ordover practiced as a litigator before becoming a law professor in 1971. He taught at Hofstra University Law School and Emory until 1991 when he founded Resolution Resources and engaged in full time dispute resolution. He served as Northeast Regional Director of the National Institute for Trial Advocacy and was a member of its national faculty for many years.

Retail Price: $60

Order Now in: ePub (iPad, Kobo, Nook, Sony), Mobi (Kindle) or Print


2014 Highlights: Fourth Quarter New Publications

Posted On By
Alternatives To Litigation

Alternatives to Litigation

Now in its Third Edition, Alternatives to Litigation reflects the growth in alternative dispute resolution and also the growing interest, and in some states mandatory use of, ADR.

$60 | *Available in Epub and Mobi eBook formats!

Criminal Litigation

Criminal Litigation and Legal Issues in Criminal Procedure

Criminal Litigation & Legal Issues in Criminal Procedure is designed to incorporate the substantive law of criminal procedure into a trial advocacy course.

$45 | *Available in Epub and Mobi eBook formats!

Expert Testimony

Expert Testimony

The collaborative effort of Professors Steve Lubet and Elizabeth Boals has resulted in a Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them that is worthwhile to both the expert witnesses and the lawyers who examine them.

$45 | *Available in Epub and Mobi eBook formats!

Evidence Problems

Evidence Problems

Evidence Problems presents a set of problems designed primarily as supplementary material for an introductory course in Evidence. These problems allow the first-time evidence student to gain a working knowledge of how the rules work in connection with a set of recurring trial situations.

$45 | *Available in Epub and Mobi eBook formats!

*NITA’s publications are available on our site as eBooks in MOBI and EPUB formats. MOBI files are compatible with Kindle devices. EPUB files are compatible with iPad, Kobo, Nook, Sony to name a few. To view and purchase all of NITA’s print publications including case files, go to

NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goals are to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
Feature Products

Get every new post on this blog delivered to your Inbox.

Join other followers: