The Catholic University of America
Columbus School of Law
Interviewing, Counseling, and Negotiation
Syllabus
Fall Semester 2012
Gretchen McMullen, Adjunct Clinical Instructor
E-mail: gretmcmullen@hotmail.com
Cell: 202 253 2420
Office Hours: Tuesday and Thursdays 6:45 to 7:30 pm and
Other times by appointment
Class sessions: T, Th 7:45 to 9:00 pm in Room 217
Required Text:
Stefan F. Krieger & Richard K. Neumann, Jr., Essential Lawyering
Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact
Analysis (“ICN”), (4th ed. Aspen 2011).
Roger Fisher, William Ury, & Bruce Patton, Getting to Yes:
Negotiating Agreement Without Giving In (“GTY”), (3rd ed.
Penguin Books 2011).
Course Overview:
Welcome to Interviewing, Counseling, and Negotiation. This is a practical
skills seminar offering students the opportunity to develop and practice the essential
lawyer skills of interviewing clients and witnesses; counseling clients; and negotiating on
behalf of clients. During the course we will read and discuss theory and concepts about
effective lawyering in these three areas; in addition, students will engage in interactive
role-playing exercises and simulations in which students will practice these skills and
apply the concepts discussed in the readings. In addition, during the seminar students
will apply the principles of experiential learning: learning from experience requires
planning, doing, and reflecting. Students will plan each major exercise in interviewing,
counseling, and negotiation by preparing a memorandum outlining the student’s goals,
strategy, and plans for each exercise; after participating in the role-play exercise, students
will then evaluate and critique their own performance and the extent to which they
achieved their goals in each exercise. Students will prepare and share with the class a
“lessons learned” summary after every role-play exercise, in order to further clarify and
articulate insights and observations about the effectiveness of different techniques and
concepts from the reading material as applied in each exercise.
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Research has shown that lawyers need about 10 years of consistent application to become
proficient in the skills and techniques covered in this class. That said, by the end of the
seminar students should have gained a solid introduction in both the theory and the
practice of these essential lawyering skills – interviewing, counseling, and negotiation.
In addition to practicing these lawyering skills in simulated role-play exercises, students
will study and apply persuasive factual analysis, the analytical framework lawyers use to
develop the facts of the case, determine the legal issues, counsel clients as to the best
course of action, and negotiation on behalf of clients. Along with gaining these important
practical and theoretical skills in interviewing, counseling, and negotiations skills, with
careful preparation and reflection, students should also gain important insight and clarity
into how to become an effective lawyer.
Grading Rubric:
1. Client Interview and Witness Interview Simulations Each student will
write a three to six page preparation memorandum to the client's file
explaining your goals, plans, and strategies to be achieved in the client
interview and the witness interview. In addition, each student will write
two journal entries: (1) immediately after your role-play that includes a
critique of your performance as the attorney and the extent to which you
achieved your learning goals set forth in the planning memorandum; and
(2) a second journal entry critiquing your performance after you review
the recording of your role-play to include post-client interviewing
reflections about how to improve upon your performance based on the
techniques discussed in class and in the assigned readings.
This constitutes 20% of the course grade as follows: (5% for the
preparation memo; 5% for the initial post–role play journal entries; 5%
for the post-role-play video review journal entries; and 5% for a 5-8
minute class presentation of lessons learned from your recorded role
play).
2. Client Counseling Simulation Each student will write a three to six page
preparation memorandum to the client’s file explaining your counseling
goals, plans, and strategies based upon the principles learned in-class.
That memorandum will require nominal legal research of the client
matter. And require two journal entries: (1) immediately after your roleplay that includes a critique of your performance as the attorney and the
extent to which you achieved your learning goals set forth in the planning
memorandum ; and (2) a second journal entry critiquing your
performance after you review the video tape of your role-play to include
post-client counseling reflections about how to improve upon your
performance based on the techniques discussed in class and from the
assigned readings.
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This constitutes 25% of the course grade as follows: (5% for the
preparation memo; 5% for the initial post–role play journal entries; 5%
for the post-role-play video review and journal entries; and 10% for a 5-8
minute class presentation of teachable moments from your recorded role
play).
3. Transactional Negotiation Simulation Each student will write a three to
six page preparation memorandum to the client's file explaining your
negotiation strategy. Also two journal entries: (1) immediately after your
role-play that includes a critique of your performance as the attorney and
the extent to which you achieved the learning goals set forth in your
planning memorandum; and (2) a second journal entry critiquing your
performance after you review the video tape of your role-play to include
post-negotiation reflections about how to improve upon your
performance based on the techniques discussed in class and in the
assigned readings.
This constitutes 25% of the course grade as follows: (5% for the
preparation memo; 5% for the initial post–role play journal entries; 5%
for the post-role-play video review and journal entries; and 10% for a 5-8
minute class presentation of teachable moments from your recorded role
play).
4. Dispute Resolution Negotiation Simulation Each student will write a
three to six page preparation memorandum to the client's file explaining
your negotiation strategy. Also two journal entries: (1) immediately after
your role-play that includes a critique of your performance as the
attorney; and (2) a second journal entry critiquing your performance
after you review the video tape of your role-play to include postnegotiation reflections about how to improve upon your performance
based on the techniques discussed in class and in the assigned readings.
This constitutes 25% of the course grade as follows: (5% for the
preparation memo; 5% for the initial post–role play journal entries; 5%
for the post- role-play video review and journal entries; and 10% for a 58 minute class presentation of teachable moments from your recorded
role play).
5. Class Participation and Attendance is mandatory and includes (1)
participation in class discussion, in-class exercises, maintaining a journal
of your role-play performances, and attendance at every class.
6. Note: Your journal can also be used for recording questions you want
answered, issues you want to explore, in addition to your pre and post
simulation self-evaluation of your performance. Fewer points are
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awarded if upon review of your journal you did not cover all of the
required journal entry topics.
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This Syllabus sets forth topics and assignments covered in ICN. It includes all
assignments, assignment due dates, and reading to be completed before each class. The
syllabus may change with notice of those changes given to you and posted on TWEN.
COURSE ASSIGNMENTS
Part I.
Becoming a Lawyer________________________
August 21
Course Introduction
Assigned Reading:
ICN Chap. 1 What This Book is About
ICN Chap. 2 Professionalism
After discussing the concepts and theory in the assigned
reading, students will discuss learning goals for the course
and conduct brief Interviewing Exercise and debrief the
results in class.
August 23, 2012
Course Introduction Continued
Assigned Reading:
ICN Chap. 3 Lawyers for and with the Client
ICN Chap. 4 Lawyering as Problem Solving
ICN Chap. 5 Communication Skills
ICN Chap. 6 Multicultural Lawyering
After discussing the assigned reading, students will conduct
an Interviewing Exercise and debrief the results in class.
Part II.
Client & Witness Interviewing_______________
August 28, 2012
Class Discussion of Interviewing a Client; What are you
trying to accomplish in the initial client interview?
Reading:
ICN Chap. 7 Observation, Memory, Facts, and Evidence
ICN Chap. 8 Interviewing the Client
Instructor to assign Client Interview Role-play for next
class; Students to prepare Learning Goals Planning Memo
for Client Interview Role-play due August 30th.
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August 30, 2012
Conduct a Client Interview Role-play: students will
participate in the role-play either as the attorney or the
witness; record the session, and complete the first reflective
journal entry on August 30th; prior to the next class session,
students will review the recording of the role-play,
complete the second reflective journal entry, and prepare a
brief presentation of lessons learned to present in next
class.
September 4, 2012
Continue Class Discussion about Interviewing a Client;
Debrief of Role-Play; students to present lessons
learned from Client Interview Role-play to class.
Reading:
Review ICN Chap. 8 Interviewing the Client
ICN Chap. 9 Interviewing the Witness
September 6, 2012
Questioning Techniques, Active Listening, &
Responding Empathetically
After discussing the reading, students will participate in
exercise in these techniques in class and debrief results.
Part III.
Persuasive Fact Analysis____________________
September 11, 2012
No class: Students to complete reading and prepare three
(3) separate outlines (legal elements, chronology, and story
model) using facts from the first Client Interview role-play.
Reading:
ICN Chap. 10 How We Organize and Think About Facts
ICN Chap. 11 The Legal Elements Model of Organizing
Facts
ICN Chap. 12 The Chronology Model of Organizing Facts
ICN Chap. 13 The Story Model of Organizing Facts
September 13, 2012
Class Discussion of Persuasive Fact Analysis; students to
present examples of three models for organizing facts in
class for discussion of pros and cons/effectiveness of each
model.
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Part II.
Witness Interviews Continued_______________
September 18, 2012
Class Discussion of Witness Interviews; Applying
Persuasive Fact Analysis in Practice
Reading:
Review ICN Chap. 9 Interviewing the Witness
Instructor to Assign Witness Interview Role-play for next
class; Students to prepare learning goals memo for witness
interview Role-play prior to next class.
September 20, 2012
Conduct Witness Interview Role-play; record session and
complete first reflective journal entry; prior to next class,
complete second reflective journal and brief lessons learned
presentation for next class.
September 25, 2012
Debrief of Witness Interview Role-play; Students to
Present Lessons Learned from Witness Interview Roleplay; Wrap up of Interviewing and Persuasive Fact
Analysis.
Part IV.
Client Counseling_________________________
September 27, 2012
Class Discussion of Client Counseling
Reading:
ICN Chap. 18 What Happens When a Lawyer Counsels a
Client
ICN Chap. 20 Preparing for Counseling: Structuring the
Options
October 2, 2012
Continue Discussion of Client Counseling
Reading:
ICN Chap. 21 The Counseling Meeting with the Client
ICN Chap. 22 Overcoming Special Problems in Counseling
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Instructor to assign Client Counseling Role-play for next
class; students to conduct Legal Research in preparation for
the Client Counseling Role-Play; students to prepare
learning goals memorandum for Client Counseling RolePlay before next class;
After discussing the reading, students will perform brief
exercise in Client Counseling and debrief during class.
October 4, 2012
Conduct Client Counseling Role-play; record session and
complete first reflective journal entry; prior to next class,
review recording and complete second reflective journal
entry; prepare brief lessons learned for class discussion.
October 9, 2012
No class; administrative Monday
October 11, 2012
Debrief Results of Client Counseling Role-play and
Wrap Up of Client Counseling
Review readings from these ICN chapters:
ICN Chap. 18 What Happens When a Lawyer Counsels a
Client
ICN Chap. 20 Preparing for Counseling: Structuring the
Options
ICN Chap. 21 The Counseling Meeting with the Client
ICN Chap. 22 Overcoming Special Problems in Counseling
Part V.
Negotiation_______________________________
October 16, 2012
Introduction to Negotiation
Reading:
ICN Chap. 23 How Negotiation Works
ICN Chap. 25 Developing a Negotiation Strategy
GTY Chap. 1 The Problem: Don’t Bargain Over Positions
After discussing the reading, students will conduct a
negotiation exercise and debrief the results.
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October 18, 2012
Interest Based Negotiations
Reading:
GTY Chap. 2 Separate People from the Problem
GTY Chap. 3 Focus on Interest Not Positions
After discussing the reading, students will conduct a
negotiation exercise and debrief the results.
October 23, 2012
Interest Based Negotiations Continued
Reading:
GTY Chap. 4 Invent Options for Mutual Gain
GTY Chap. 5 Insist on Using Objective Criteria
After discussing the reading, students will conduct a
negotiation exercise and debrief the results
October 25, 2012
Power and Influence in Negotiations
Reading:
GTY Chap. 6 What If the Other Side is More Powerful?
GTY Chap. 7 Negotiation Jujitsu
GTY Questions About Fairness and “Principled”
Negotiation ; Questions 1-3, pgs. 151-57
Instructor to assign Negotiation Role-Play for next class;
Students to prepare learning goals memorandum for
Negotiation Role-play before next class.
October 30, 2012
Conduct Negotiation Role-play; record role-play; complete
first reflective journal entry; before next class review
recording and complete second reflective journal entry;
prepare “lessons learned” summary for next class.
November 1, 2012
Debrief Negotiation Role-play; students to present lessons
learned from Negotiation Role-play.
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November 6, 2012
No class: Students to complete assigned reading and be
prepared to discuss how reading applies to Negotiation
Role-play exercise.
Reading
GTY Chap. 8 Taming the Hard Bargainer
GTY Questions About Dealing with People
Questions 4-6, pgs. 151-68
November 8, 2012
Discussion of Negotiation Tactics and Dealing with
Difficult People in Negotiation
Reading:
ICN Chap. 27 Following Through on Your Negotiation
Plan
ICN Chap. 28 Negotiation Tactics
Instructor to assign second Negotiation Role-Play; Students
to prepare goals memorandum second for Negotiation
Role-play.
November 13, 2012
Conduct second Negotiation Role-play; record session;
complete first reflective journal entry; before next class
review the recording and complete second reflective
journal entry; prepare brief lessons learned summary for
class discussion next class.
November 15, 2012
Debrief second Negotiation Role-play; students to present
lessons learned from role-play;
November 20, 2012
Continue discussion second Negotiation Role-play and
Effective Negotiation Technique
November 22, 2012
No Class; Thanksgiving Holiday
November 27th
Course wrap up and course evaluations due
November 29, 2012
Reserved.
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Policy Regarding Laptop Computer Use in Class: due to the interactive nature of this
seminar, the Instructor does not permit the use of laptop computers or other electronic
devices during class; please turn off cell phones before entering class..
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