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Client Science Instructor's Guide

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Client Science Instructor's Guide THE CLIENT SCIENCE COURSE INSTRUCTOR’S GUIDE By Marjorie Corman Aaron Professor of Practice Director, Center for Practice University of Cincinnati College of Law The Client Science Course | Instructor’s Guide | ©Marjorie Corman Aaron, 2013. All rights reserved. TABLE OF CONTENTS INTRODUCTION .................................................................................................................................................... 1 ALTERNATIVE COURSE STRUCTURES ....................................................................................................... 2 THE FOUR‐DAY PRE‐SEMESTER CLIENT COUNSELING WORKSHOP .................................................... 3 WORKSHOP TIMING ................................................................................................................................. 3 LOGISTICS ................................................................................................................................................. 3 Workshop Days .................................................................................................................................. 4 Faculty Coverage ................................................................................................................................ 4 THE TEN‐WEEK CLIENT COUNSELING COURSE .................................................................................... 5 Timing and logistics ........................................................................................................................... 5 Logistics ............................................................................................................................................... 5 OTHER FORMAT OPTIONS ....................................................................................................................... 5 A Walk through Content, Method, and Intent .............................................................................. 6 PRE‐COURSE PREPARATION TASKS FOR THE PROFESSOR AND ADMINISTRATIVE ASSISTANT ........... 7 CONSIDERATIONS IN SETTING DROP‐ADD DEADLINES ........................................................................ 8 When the Deadline is Breached ....................................................................................................... 8 ROLE ASSIGNMENTS ................................................................................................................................ 9 PRE‐COURSE COMMUNICATION WITH STUDENTS (ABOVE AND BEYOND THE ORDINARY) ............ 11 PRE‐COURSE SUBMISSION: CASE ASSESSMENT EXERCISE ................................................................... 11 THE CASE ASSESSMENT EXERCISE: WHY AND WHAT IT IS ................................................................. 12 EARLY WARNINGS ON DECISION ANALYSIS AND SOFTWARE ............................................................ 13 AT LAST, PREP FOR THE FIRST – THE OPENING SKIT........................................................................... 14 POWERPOINTS AND LAPTOPS ............................................................................................................... 15 Regarding Laptops and Role Information .................................................................................... 16 LET THE COURSE NARRATIVE BEGIN ...................................................................................................... 16 INTRODUCTION TO METHOD AND COURSE STANCE .................................................................... 17 AT THE VERY BEGINNING ..................................................................................................................... 17 PARADIGM OF INTERVIEWING, COUNSELING AND DECISION‐MAKING: WHAT’S PERFECT (POWERPOINT9) ............................................................................................................................. 18 THE LAWYERING SKIT ........................................................................................................................... 18 Act One – Client Centered Lawyer ................................................................................................ 18 Act Two – The Authoritarian Lawyer ........................................................................................... 19 Obvious Third Act – The Collaborative Lawyer ......................................................................... 20 EFFECTIVE LEGAL INTERVIEWS – PHASE I ............................................................................................ 21 The Client Science Course | Instructor’s Guide | ©Marjorie Corman Aaron, 2013. All rights reserved. i OVERALL GOALS FOR EFFECTIVE LEGAL INTERVIEWS ........................................................................ 21 TO REVIEW OR NOT TO REVIEW THE STEPS OR STAGES IN AN INITIAL INTERVIEW? ........................ 21 JUST DO IT –A TERRIBLE JOB OF THE FIRST FEW MOMENTS OF AN INITIAL INTERVIEW! ............ 22 SHIFT FROM TERRIBLE TO GOOD…THE SOLER METHOD AND BODY LANGUAGE ....................... 23 INITIAL INTERVIEW EXERCISE – IN TWO STAGES, WITH SKILLS EXERCISES IN BETWEEN ................................................................................................................................................................ 24 FIRST STAGES OF THE INITIAL INTERVIEW, IN CONTEXT AND IN REAL TIME .................................... 24 Confidentiality in the Initial Interview ......................................................................................... 24 As to Fees .......................................................................................................................................... 25 Launch the Initial phase of the initial interview in Hapless Harvest and Family Matters .... 25 Pause on Pausing: Provide a Helpful Hint on Conveying Complex Information .................. 25 Yet More Prelude: Encouragement and Exhortations on the First Real In‐Role Simulation 26 The Initial Interview phases in Hapless Harvest and Family Matters ..................................... 26 To Re‐Pair or Not to Re‐Pair? ......................................................................................................... 27 Balance of Debriefing....................................................................................................................... 27 Back to Confidentiality .................................................................................................................... 28 On to Fees .......................................................................................................................................... 29 EFFECTIVE LEGAL INTERVIEWS PHASE II .............................................................................................. 32 ON NARRATIVE AND CONVERSATION ................................................................................................. 32 HEARING FACEWORK ............................................................................................................................ 34 SUBSTANTIVE SEGUE ON STRUCTURE ................................................................................................... 36 THE UP FRONT OVERVIEW – NICE, BUT NOT NECESSARY .................................................................. 38 UNOBSTRUCTED, UNDIRECTED NARRATIVE IS NOT JUST POLITE, IT’S BETTER ................................. 38 ABOUT FUNNELS .................................................................................................................................... 41 A SECOND PRELUDE TO HEARING THE CLIENT’S STORY: FACT GATHERING INTERLUDE ON PSYCHOLOGY OF MEMORY AND PERCEPTION ............................................................................. 41 MAKING MEMORABLE IMPRESSIONS OF MEMORY .............................................................................. 42 MEMORY IS SUGGESTIBLE AND CONFUSED .......................................................................................... 43 PERCEIVED DOESN’T MEAN POSITIVELY TRUE .................................................................................... 43 ON LISTENING ..................................................................................................................................................... 45 REGARDING OPEN AND CLOSED QUESTION FORM ............................................................................. 50 WHAT ABOUT RUN‐ONS? ..................................................................................................................... 50 WORK THROUGH THE BALANCE OF THE INTERVIEWS ........................................................................ 50 RESERVE JUST A BIT OF TIME FOR A BRIEF DEBRIEFING ....................................................................... 50 CLIENT COUNSELING AND DECISION‐MAKING ............................................................................... 52 The Client Science Course | Instructor’s Guide | ©Marjorie Corman Aaron, 2013. All rights reserved. Page ii PROFS’ TOP 10 LIST OF INFERRED BELIEFS ........................................................................................... 54 CHALLENGE #1: CLEAR AND COMPLETE COMMUNICATION .................................................... 55 CHALLENGE #2: CLIENT COUNSELING—SHARED UNDERSTANDING OF CLIENT INTERESTS .............................................................................................................................................................. 59 THE DALE DORAN EXERCISE ...............................................................................................................
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