Berger - Mitchell - Clark

Marilyn J. Berger

B.S. Cornell University 1965. J.D. University of California/Berkeley 1970: Moot Court, A. Reginald Heber Smith Community Lawyer fellow.

Professor Berger has been a visiting professor of law at South Bank Polytechnic, London, and at Kyoto University, Japan, and a scholar-in-residence at the University of London and Washington University in St. Louis. Professor Berger established the Films For Justice Institute in 1996. Through the Institute, Professor Berger produced three educational documentary films in the series, Lessons from Woburn. The Untold Stories" with Henry Wigglesworth (2000), "The Rules of Procedure" (2002), and "Conduct and Settlement" (2002). These documentaries are about a lawsuit brought by families in Woburn, MA, alleging contamination of their drinking water. The original participants appear in the documentary, based on the lawsuit, Anderson v. W.R. Grace, the book by Jonathan Harr, A Civil Action, and the Hollywood movie by the same name. The films are used in 100+ law schools.

Professor Berger is the Director of the Comprehensive Trial Advocacy Program and also the Director of Films for Justice Institute at Seattle University School of Law.

Professor Berger is co-author (with Professors John Mitchell, Ronald Clark, and Monique Leahy) of Pretrial Advocacy: Planning, Analysis, and Strategy (2nd Ed, 2007) and Trial Advocacy: Planning, Analysis, and Strategy (1989), which is being revised.

Professor Berger lectures and writes in the areas of gender, film and the law, and advocacy, exploring issues about the relationship of storytelling and its intersection with law.

She is currently directing and producing the documentary, Out of the Ashes: 9-11 which is about 9-11 families and their experiences with the Victim Compensation Fund and litigation. Eleven days after the terrorist attack, the federal government put in place the largest public entitlement program: The Victim Compensation Fund. It distributed seven billion dollars to over 5,500 families. Out of the Ashes: 9-11 highlights the stories of seven families and provides an unprecedented window into the psychology of harm and justice. The documentary explores key legal and societal issues such as: Was giving the claimants money a misguided failure or a lifeline to survival? Did the Fund undermine our legal system, or did it offer 9-11 families justice by avoiding lawsuits?

John B Mitchell

B.A. University of Wisconsin/Madison 1967: top 3 percent. J.D. Stanford Law School 1970: Stanford Law Review editor.

Raised in the Midwest, Professor Mitchell moved to the West Coast to attend Stanford Law School, where he was a member of the Moot Court Board and Editor of the Law Review. He earned his J.D. at Stanford in 1970.

Professor Mitchells wide ranging career has included: private practice in his own law firm in San Francisco, where he specialized in criminal litigation (1970-75); consultant to public and private defense attorneys concerning trial, motions and appellate strategies (1973-1982); and director of legal training for the Seattle office of Perkins Coie where, while away from the law school, he developed a two-year training curriculum for new associates in business and litigation (1988-90). Professor Mitchell is co-author (with Professor Marilyn Berger and Ronald Clark) of three Aspen Publication textbooks on trial advocacy: Pretrial Advocacy: Planning, Analysis, and Strategy (2007), Trial Advocacy: Planning, Analysis, and Strategy (2008) and Trial Advocacy: Assignments and Case Files (2008). He has written extensively for professional journals on such topics as professional responsibility, learning and educational theory, training of lawyers, constitutional law, legal process, and criminal procedure.

Over the past two decades, Professor Mitchell has taught courses in Evidence, Forensics, Criminal Law, Criminal Procedure and Advocacy. He was also a member of the Law Practice Clinic for six years, the last two as Director.appellate strategies (1973-1982); and director of legal training for the Seattle office of Perkins Coie.


Ronald H. Clark

Professor Clark is a nationally known lecturer, author and Distinguished Practitioner in Residence at Seattle University Law School. He is the Principal of Prosecution Services, LLC, which provides continuing legal education and publications. He has lectured at over 40 national courses and for numerous state associations. He has been awarded both the Distinguished Faculty Award and a Lecturer of Merit Award by the National College of District Attorneys as well as the Dean's Award of Honor. The Washington Association Prosecuting Attorneys awarded him the President's Award of Merit.

Professor Clark is the former Senior Training Counsel for the National College of District Attorneys at the National Advocacy Center. As the Senior Training Counsel, Professor Clark pioneered the first courses conducted at the National Advocacy Center when it opened its doors to state and local prosecutors beginning in 1998 and for the following six years. Prior to that Professor Clark was in the King County Prosecutor's office in Seattle, Washington for 27 years, where he served as a senior deputy prosecutor, head of the trial teams and, for ten years, as the Chief Deputy of the Criminal Division leading over 115 attorneys.

Professor Clark has written several books, including co-authoring three books with Seattle University Professors Marilyn Berger and John Mitchell, Pretrial Advocacy - Planning, Analysis and Strategy, Trial Advocacy - Planning, Analysis and Strategy and Trial Advocacy - Assignments and Case Files, published by Aspen.

In 2011, Wolters Kluwer published Cross-Examination Handbook, which Professor Clark co-authored with Bob Dekle and Bill Bailey.  The book's website is and the three authors write a Cross-Examination Blog found at .

He also was the Editor for the book on APPELLATE ADVOCACY, entitled The Appellate Prosecutor.  E-mail the author for more information about this book by clicking on the following e-mail address . He wrote Making and Meeting Objections (Evidence Handbook for Washington Trial Lawyers). He served as the Chief Author for the Criminal Trial Practice and Techniques Chapter of the Washington Practice Manual.

Professor Clark has written and lectured frequently on professional responsibility. He was a member of the blue ribbon American Bar Association Task Force that formulated the current Prosecution and Defense Function Standards. Also, he was on the Public Law and Ethics Committee for the Washington State Association of Municipal Attorneys that produced a Public Law Ethics Primer. Professor Clark was the course director for the first National Ethics Symposium at the National Advocacy Center, which brought together prosecutor ethics liaisons from each state in the nation. He is the editor of the National College of District Attorney's professional responsibility book, entitled Doing Justice: Prosecutor's Guide to Ethics and Civil Liability.


Monique Leahy

Monique Leahy is nationally recognized as a premier authority on medical law and personal injury litigation, internet evidence, employment and workers’ compensation issues, and state-specific civil litigation in her over 90 published works. She is the Principal of Wordsworth Law Publications, Inc., which publishes Medical LawPerspectives a monthly e-pub law report.  She co-authored the 2nd edition of Pretrial Advocacy: Planning, analysis and Strategy (2 Ed. 2007).

Ms. Leahy is an attorney licensed in Washington, Missouri, and Kansas. While in private practice, her focus was litigation, corporate transactions, and telecommunications law. She is a former managing editor at Lawyers Cooperative Publishing/Research Institute of America, a subsidiary of Thomson Reuters; a Director of the Reston Association, a “new town” planned community with sixty thousand members; and a City Council Member, Planning Commissioner, and Board of Zoning Appeals Member in Leawood Kansas.

Ms. Leahy has a B.A., University of Washington, and a J.D., Seattle University School of Law.

Monique Leahy