|Scope of Work
The contractor shall develop and present a trial advocacy training course to NRC attorneys with an emphasis on those elements of trial advocacy that are most important for NRC administrative hearings. On the scheduled training dates, the contractor will present and provide OGC attorneys with Trial Advocacy Workshop training and associated written course materials.
The contractor, with input from managers and senior attorneys in OGC and already existing educational program models, will structure a program that addresses OGC’s specific educational needs. At a minimum, training modules will include training in the following skills:
- Preparation and examination of witnesses, with particular focus on scientific/technical experts, including impeachment and rehabilitation
- Motion practice
- Introduction and admission of evidence, including effectively utilizing documents already in evidence
- Effective delivery of opening and closing statements
- Use of technology tools to effectively communicate at hearing with the judges and witnesses
- Appropriate courtroom demeanor and protocol
The contractor, with input from NRC managers and senior attorneys, will provide case scenarios that will most effectively train participants in the skills identified. It is not required that the workshop simulate an NRC hearing in particular, provided the simulation provides effective training in the identified skill areas.
In light of the COVID-19 public health emergency, the contractor shall present the CLD-approved Trial Advocacy Workshop training services virtually via an online training videoconferencing platform acceptable to the NRC (e.g., MS Teams, WebEx).The training will be participatory, where the lawyers will “learn by doing” with opportunities to practice the techniques described and demonstrated by the faculty (e.g., in small group virtual “breakout rooms”). The training will include real-life experiences and will be followed by a faculty critique that reinforces the effective use of the techniques and recommends ways to enhance skill development. Use of recorded video playback and other applicable technology tools shall be employed to enable participants to view their own performance. Recording of lectures by contractor instructors may be requested. The contract does not contemplate retention by the agency of recordings of student performance (e.g., presentation of arguments or witness examinations) during a mock hearing/moot court, to the extent practicable.
The contractor shall provide electronic training material. The trial advocacy workshop presentation and course materials provided shall generally serve to meet state bar licensing authorities/approved CL course requirements necessary for obtaining CLE credit for participants. While the NRC or its employees will be individually responsible for obtaining CLE credits from state authorities, the contractor/instructor will assist the NRC in documenting the CLE training and, when required, sending and/or certifying on state CLE forms that CLE training was provided by qualified trainers/instructors under an approved CLE program of instruction.
It is anticipated that an effective litigation training program addressing the skills identified above will require four (4) days, four (4) hours each day (actual “class” time) per training session. NRC expects the training session to be attended by no more than 14 participants plus two NRC-designated senior attorneys who will supplement the contractor-provided instruction to focus on the litigation environment specific to the NRC. NRC will also provide staff members to serve as witnesses or in other roles needed for purposes of a mock trial or moot court.