[Insert Name of Organization]
[Insert Name of Speaker]
Today’s Conversation
 This will be more of a conversation among
colleagues than a lecture
 We will focus on helping faculty use
simulations – including in courses focusing
primarily on teaching legal doctrine
Potential Benefits
 Greater identification with range of legal roles
including interviewer, advisor, planner, negotiator,
and dispute process innovator, in addition to
courtroom advocate
 Increased integration of doctrinal and skills
instruction
 Increased student learning and retention of
knowledge about legal doctrine and skills
Simulations
 Taking steps beyond thinking and talking about law
 Students act in lawyer’s role (or related roles)
 Assumes outcomes not based solely on law & facts
 … also affected by moves of independent actors, e.g.:
 Clients
 Counterpart lawyers
 Mediators
 Judges
Simulations in Law School
(not necessarily long or complex)
 Litigation activities, e.g.,
 Interviewing and counseling clients
 Conducting depositions
 Trying cases
 Making appellate arguments
 “Alternative” dispute resolution
 Negotiation
 Mediation
 Arbitration
Simulations in Doctrinal Courses
 Consider teaching goals and mix of teaching methods
 Can be in class or outside class
 Can be short
 Can integrate learning at end of unit or course
 Need not be graded
 Can use 1-page assessment sheets
 Ask about student insights -- “aha” moments
 Can assign students to write their own simulations
 May reduce some coverage … consider your priorities
Multi-Stage Simulations
 Obviously more ambitious
 Example: possible stages in negotiation
 Conduct initial client interview
 Develop relationship with counterpart lawyer
 Plan negotiation process
 Conduct factual investigation / legal research
 Prepare client for negotiation
 Conduct final negotiation
 Draft settlement agreement
What Simulations Do You Use?
 What works well with your simulations?
 What are the challenges with them?