University of Utah
LAW 692 (College of Law)
(Taught Fall and Spring quarters every year)
Binder, Bergman & Price, Lawyers as Counselors (1991) Gifford, Legal Negotiations (1989)
Utah Rules of Professional Conduct (Handouts in Copy Center) Short Handouts (Copy Center)
EDUCATIONAL GOALS AND METHODS
This class has four educational goals:
We will follow this approach:
In order to receive credit, the following assignments must be
completed. Grades will be based
upon these assignments:
Videotaped Session of Interviewing Videotaped Session of Counseling Videotaped Session of Negotiating Outline(s) for Counseling and/or Negotiating Session(s) One paper analyzing a theory about a skill based upon clinic
experiences) and readings.
LAWYERING SKILLS CORNERSTONE SCHEDULE
DAY DATE SUBJECT/MEETING Mon. 8/24 Introduction & Role Plays Wed. 8/26 Interview Structure Mon. 8/31 Theory Development in Interviews Wed. 9/2 Interview Role Plays Mon. 9/7 LABOR DAY -- NO CLASS Wed. 9/9 Interview Techniques and Discussion/Feedback Mon. 9/14 Interview Role Plays Wed. 9/16 Feedback and Discussion Problemsolving M-T 9/21-22 Videotaped Interview Sessions' W-F 9/23-25 Videotape Viewing & Critique Mon. 9/28 Counseling Structure Wed. 9/30 Counseling Role Plays Mon. 10/5 Counseling Techniques and Dicusion/Feedback Wed. 10/7 Counseling Role Plays Mon. 10/12 Discussion/Feedback and Difficult Clients &
Wed. 10/14 Interviewing & Counseling for "Doing Deals"
Th-F. 10/15-16 Videotaped Counseling Sessions'
10/19 - 10/23 FALL BREAK,
Mon. 10/26 Negotiation Strategy & Planning
DAY / DATE SUBJECT/MEETING READING ASSIGNED
Wed. 10/28 Negotiation: Opening to Settlement Gifford Ch. 6l7f8l9 Video Material and Mini Role Plays
Mon. 11/2 Negotiation Role Plays Role Plays --Negotiation I
Wed. 11/4 Discussion/Feedback No New Reading
Mon. 11/9 Negotiation Role Plays Role Plays --Negotiation II
Wed. 11/11 Discussion/Feedback & Mediation Gifford Ch. 11
Mon. 11/16 Negotiation Role Plays Role Plays--Negotiation III
Wed. 11/18 Discussion/Feedback No New Reading
Th-F 11/19-20 Videotaped Negotiation Sessions Role Plays to
Mon. 11/23 Groups A & B Meet & Discuss Presenters submit Draft Papers
Wed. 11/25 Groups C & D Meet & Discuss Presenters submit Draft Papers
Thur. 11/26 THANKSGIVING
Mon. 11/30 Groups A & B Meet & Discuss Presenters submit Draft Papers
Wed. 12/2 Groups C & D Meet Presenters submit Draft Papers
Mon. 12/7 NO CLASS
' Videotaped session of interviewing will be scheduled throughout these days with students serving as "clients" and "attorneys" for one another. Videotapes will be viewed, critiqued (and graded) with Linda Smith during the remainder of the week in Linda Smith's office (Room 117). Viewing will take approximately an hour per student and will be held as scheduled. No other class meetings will take place during the week.
' Videotaped session of counseling will be scheduled throughout these days with students serving as "clients" and "attorneys" for one another. Videotapes will be viewed, critiqued (and graded) with Linda Smith during the following week(s) in Linda Smithis office (Room 117). Viewing will take approximately an hour per student and will be held as scheduled.
3 Videotaped session of negotiating will be scheduled throughout these days with students serving as "attorneys" opposite one another. Videotapes will be viewed, critiqued (and graded) with Linda Smith during the following week(s) in Linda Smith's office (Room 117). Viewing will take approximately an hour per session, and students may see their videotapes with their "opposing counsel" or individually as they so schedule.
The following books, are recommended as additional reading:
Bastrass & Harbaugh, Interviewing, Counseling & Negotiating (1990)
Bellow & Moulton, The Lawyering Process (1978)
Berger, Mitchell & Clark, Pretrial Advocacy (1988)
Binder & Bergman, Fact Investigation (1986)
Brown & Dauer, Planning by Lawyers (1978)
Fisher & Ury, Getting to Yes
Goldberg, Green & Sander, Dispute Resolution (1985) Haydock & Herr, Discovery: Theory, Practice & Problems Haydock, Herr & Stempel, Fundamentals of Pretrial Litigation Hartje & Wilson, Lawyers' Work (1984)
Mauet, Fundamentals of Trial Techniques (1980) Mauet, Fundamentals of Pretrial Techniques (1988) Riskin & Westbrook, Dispute Resolution and Lawyers (1987) Williams, Legal Negotiation & Settlement (1983)
The role playing exercises are the "laboratory" where we test the lawyering theories and learn about our individual propensities in assuming the professional role of lawyer. Accordingly, it is crucial for each student to prepare the assigned role play exercises. Failure to prepare the "lawyer" role will make the exercise of little value; failure to prepare the "client" or "opposing attorney" role will prevent your partner from having a meaningful learning experience.
You will be instructed about scheduling your individual videotaping session and critique sessions at the appropriate time. Darrell Brewer in the front office 581-6833 oversees the videotape scheduling. He will maintain the videotape schedules and should be contacted with any scheduling needs or problems.
Please feel f ree to contact Prof essor Smith in her off ice (Room 117) whenever she is available or to call 581-4077 (work) 583-9344 (home evenings) at your convenience. You may make an appointment with Professor Smith personnally or by writing your requested appointment time on the office door. (If she is unavailable at the requested time, she will put a note in your mail box.)
Date: Wed, 27 Dec 1995 10:21:09 MST From: Renee Buchanan <RBUCHAN@ssb1.saff.utah.edu>