Lawyering Skills



Lawyering Skills

Law 590; Spring 2009

9:55

CR 5

Angela J. Lovitt

779-6848

lovitt@hawaii.edu

angelalovitt@

Although I do not have on-campus office hours, I am happy to arrange meeting time on campus Please feel free to e-mail or to call for appointments.

All written assignments are to be delivered to my attention in Room 252.

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A. Preliminary Comments:

Welcome. This class is to help you develop your interviewing, counseling, and negotiation skills. These skills are used by nearly all lawyers.

You come with at least an inkling of what constitutes good interviewing, counseling, and negotiation. Indeed, we assume you already have some well formed ideas and skills. My job is to help you explore and refine them, and to leave you hungry for further explorations and skill development throughout your career. Everything is a process. This course is but a stepping stone in your path.

B. Readings:

We will use Essential Lawyering Skills 3d ed. by Krieger and Neumann. It’s concise, readable, and good as a future reference. I keep a copy on my office and refer to it often. The authors are a thoughtful pair of teachers and lawyers who have an unsentimental but noble view of the profession. I don’t always agree with them and neither should you, but the book certainly offers food for thought.

While reading your assignments will not ensure success in this course, you will need to complete your reading in a contemplative way to learn well.

Your assignment list comes later in this syllabus.

C. Requirements:

Satisfactory and timely completion of the following is essential to receiving credit in this course.

1. Class Exercises

Although there will be a fair amount of lecturing and demonstrations, learning will generally come from doing. We will have two kinds of exercises: (1) small in-class exercises where you will be given a problem to work through, and (2) two videotaped out-of-class exercises (one for counseling, one for negotiation) which will be larger assignments requiring some writing (see “2.” below).

Many exercises will require you to pair with a classmate. In each instance, you and your partner will play the role of a client, a witness, or an attorney. For these exercises to work, you must be a good partner. This means being prepared, reasonably challenging, appropriately supportive, and always on time at all paired meetings. We expect you to be “in role” during all exercises involving role plays.

Your purchased handout from Professional Image will contain all problems and instructions for the exercises. We’ll go over all instructions in class.

2. Written Assignments

You must complete and submit several written assignments. Most will relate to your two videotaped assignments and will deal with the planning and self-critique of your performances. Instructions will come with later handouts. Before a grade of “CR” can issue, I will need a full complement of these assignments, timely submitted and of sufficient quality. The quality of your thoughts and effort will be important.

3. Journal

In addition to the above written assignments, you will maintain and

submit a course journal. This journal can take any reasonable form – what’s important is that you engage seriously in this work of reflection.

Like all skills class, it is impossible for the teacher to do anything without the student’s engagement and commitment. Skills cannot be spoon-fed. They are learned best when a student tries something out, reflects on it, develops his or her own hypotheses, then goes out and tries again. It’s a learning cycle that recurs continuously, and in this class, you will ride this cycle.

The reflection component is often difficult for students. But because I believe a journal can reveal so much to its writer, I require you to maintain one throughout the semester. You must complete and submit your journal on two separate dates to be designated by your instructor.

In a separate memo in your handout, I describe what your journal should contain. Please refer to it.

4. Class Attendance and Participation

Our plans assume that everyone will be in class when it starts each Friday at 9:55 a.m. An unannounced absence or excess tardiness will be disruptive especially when a class exercise is scheduled. If you must be excused for an absence or tardiness, please send me an advance notice, if possible. Excessive unannounced absences or tardiness will result in a grade of “no credit.”

Needless to say, I will also need your participation during class discussions. Students have such wonderful perspectives and thoughts that enrich the learning of all. “All” includes your instructor.

D. Assignment List:

The following is your assignment list. We may adjust it as the semester progresses, but will do so only after advance notice to you.

1. January 23 – Becoming a Lawyer

• Read Krieger, Ch. 1-4; pp. 1-41.

• Read Handout, pp. 9-11 (On Butlers and Lawyers)

This will be a meditation on professionalism. Come in with your ideas. We

will also use this time to go over our ground rules.

2. January 30 – Client Interviewing

• Read Krieger, Ch. 5; pp. 43-52; Ch. 7-8; pp. 65-108.

• Read Handout, p. 11 (Client Interviewing, Ex. 1)

• Optional but recommended – Krieger Ch. 6 (Multicultural Lawyering)

Expect a brief lecture highlighting parts of your reading and an in-class exercise focusing on active listening and the use of broad and narrow questions.

3. February 6 – Client Interviewing In-Class Exercise

• Read Handout, pp. 12-14 (Gp. A); 12-13 (Gp. B)

Please prepare for an in-class exercise. Review readings from previous week.

4. February 13 – Witness Interviewing

• Read Krieger, Ch. 9; pp. 109-127

• Read Handout, pp. 15-17 (Gp. A); 14-16 (Facts Common to Interview

Exercise and Exercise

A brief lecture on witness interviewing and a brief in-class exercise will

occur.

5. February 20 – Witness Interviewing In-Class Exercise

• Read Handout, pp. 18-20 (Gp. A); 17-19 (Gp. B)

Please be prepared for your in-class exercise.

6. February 27 – Client Counseling I

• Read Krieger, Ch. 18-20; pp. 221-259.

• Read Handout, pp 21-24 (Gp. A); 20-23 (Gp. B) (Picking a Law School)

Brief lecture on counseling followed by in-class “non-legal” counseling

exercise. Begin reviewing materials for your videotaped counseling session.

These are on pp. 27-40 (Gp. A); 26-38 (Gp. B) in your handout.

7. March 6 – Client Counseling II

• Read Krieger, Ch. 21-22; pp. 261- 279

• Read Handout (Protecting Todd), pp. 25-26 (Gp. A); 24-25 (Gp. B)

In-class exercise.

8. March 13 - No Class but see Videotaped Counseling Session assignment below.

During the week of March 9-13, preferably on March 13 if schedules permit, you will complete a videotaped counseling session. Your planning memo is due at any time before your taping. In addition, your post-negotiation reflections are due by Thursday, March 19 at 4:30 p.m. Turn in assignments to Room 252 (Attn: Adjunct Prof. Angela Lovitt) or send an electronic submissions to lovitt@hawaii.edu. If you send an electronic submission, please attach a receipt request so you know I received it. Individual meetings will be scheduled in order to discuss your exercise.

9. March 20 – Debriefing and Negotiations I

• Read Krieger, Ch. 23; pp. 283-294

• Please bring Handout pp. 41-43 (Gp. A); pp. 39-41 (Gp. B) to class.

In class, we’ll play the “Win All You Can” and “The Last Piece of Paper in the Room” games. No preparation needed to play.

March 27 - NO CLASS: SPRING BREAK

10. April 3 – Negotiations II

• Read Krieger, Ch. 24-25 and 27; pp. 295-331, 341-354

• Read Handout, pp. 44-50 (Gp. A); 42-48 (Gp. B)

Lecture and in-class exercise.

APRIL 10 – NO CLASS: GOOD FRIDAY

11. April 17 – Negotiations III

• Read Krieger, Ch. 26 and 28, pp. 333-339, 355-370

• Read Handout, pp. 51-52 (Gp. A); 49-50 (Gp. B)

In Class Exercise

• Read Handout, pp. 53-98 (Gp. A); pp. 51-72 (Gp. B) as preparation for next week’s videotaped negotiation exercise. Additional instructions and materials will be distributed in class.

12. April 14 – Videotaped Negotiation Exercise (no class)

• Read Handout, pp. 53-98 (Gp. A); pp. 51-72 (Gp. B) and special instructions which were distributed on April 17.

During the week of April 20-24, preferably on April 24 if schedules permit, you will complete a videotaped negotiation. Your planning memo is due anytime before your taping. Your post-negotiation self- critique is due by at 4:30 p.m., Thursday, April 30 (Room 252, Attention Angela Lovitt, or by electronic submission.

13. May 1 – Debriefing Session & Final Class

Guest Speaker

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