Houston Hall 402
202-806-8017
stevenjamar@iipsj.org
fax: 202-806-8428
Please note that this syllabus has not been fully updated for fall 2012 and is therefor subject to change.
Please note that during the semester this syllabus is subject to change to meet the students' needs as perceived by the professor during the semester.
last updated 20 April 2012
Howard University is committed to providing an educational environment that is accessible to all students. In accordance with this policy, students in need of accommodations due to a disability should contact the HUSL Office of the Dean of Students(202-806-8006), for verification and determination of reasonable accommodations as soon as possible after admission to the Law School and at the beginning of each semester as needed.
This skills course introduces some of the skills needed to succeed at three common lawyering tasks--interviewing, client counseling, and negotiation. The course will be taught using readings, class discussion, and role-playing. The course grade will be based on class participation and quality of the work done on the skills assignments.Class time will generally be used to introduce topics, practice the skills, and reflect on an assignment after it is completed.
Most of the graded assignments are to be done outside of class. Some will be taped, but some will be done outside of class without my direct review of the process.
The basic model of lawyering being followed in this course is plan, do, reflect. Not only is this a good habit to develop, but it is a skill in itself and is graded as such as part of the class participation component of the grade. The idea of lawyering as problem-solving is also an integral part of the course.
For the video-recorded assignments, you are to arrange to video-record your interview, negotiation, or client counseling session, as called for in the assignment. Tape recordings must be readable in VHS format or must be on a DVD. A number of hours will be scheduled for reviewing the tapes from the whole class. In general, I will spend about a half-hour reviewing a tape. I typically want to review only 15-20 minutes of a session. If you tape more than that, please identify which parts of the tape you want reviewed. I will want to review the opening, the closing, and some of the middle of each session for which a tape is requested.
Arrange for taping with Zach Knatt in the library. 202-806-8203. The school will provide space and a camera; you are responsible for providing the recording media.
Stefan H. Krieger & Richard K. Neumann, Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis (4th ed. Aspen L. & Bus. 2011)
Office:
402 Houston Hall
Phone:
202-806-8017
Email:
stevenjamar@iipsj.org (I will typically respond to email within 24 hours.)
Office Hours:
The times listed below may change. I will post up-to-date office hours online at http://iipsj.com/SDJ/index.htm
Tues.
1:00 - 2:30 pm
Thur.
1:00 - 2:30 pm
Fri. 10:30 -noon
Occasionally I will not be able to keep these office hours because of other pressing commitments. Also, some of these hours may be used for conducting and observing and reviewing tapes of the various assignments.If you need to see me at another time, please contact me so we can make an appointment.
I am often in my office at times not posted as office hours and during those times I am generally able to meet with students.
1.
10 pts.
2.
10 pts.
3.
10 pts
4.
5 pts.
5.
10 pts.
6.
15 pts.
7.
10 pts.
8.
10 pts.
9.
20 pts.
1. The writings are to be typed, single-spaced, with standard margins and fonts.
2. Cover page: Please note that each document (if only one is assigned) or set of documents (if more than one is assigned for that project) is to have a cover page which includes the following information in the upper left hand corner:
- Your name
- Course
- Professor
- Identity of document(s) attached
- Assignment due date
- Date material actually turned in if later than the due date
You are to tape the interview and review it with the professor. You are to bring the documentation with you when the tape is reviewed.
For the interview assignment, you are to prepare three documents. A copy of each is to be handed in at the start of the class one week after the assignment is handed out. Be sure to comply with the writing formalities requirements.
- As the lawyer: Memo to the file of the interview (summary of the information learned; other impressions; and follow-up suggestions)
- As the lawyer: Memo reflecting on what you did and how well you did it when you were the interviewer. Briefly summarize your preparation for the interview and then consider process and technique and reflect on how they affected your success in the interview. Be sure to consider the specific techniques discussed and practiced in class.
- As the witness: Memo to the lawyer who interviewed you when you were the witness. In this memo you should critique the performance of the interviewer as to
- how comfortable or uncomfortable he or she made you feel,
- what aspects of the interview you consider to have been done well, and
- one or two things that could have been done better.
Your critique of the attorney should include in particular comments on how well certain of the skills we have been practicing in class were performed by the attorney.
You are also to assign a grade ranging from 5 to 10 points. This grade will be factored into the grade I give for this assignment. A grade of 5 should be given for truly dismal work; 6 should be given for poor work; 7 for good work; 8 for very good work; and 9 for excellent work. Though they should be rare at this point, a 10 may be given for truly outstanding work.
You are to give a copy of this third memo to the lawyer as well as hand in a copy to the professor.
The first negotiation will be based on a canned problem and is mostly a zero-sum type negotiation. The grade will be based primarily on the results you obtain.
You are to prepare one document:
1. The settlement document
Be sure to comply with the writing formalities requirements if you do not use the form provided with the assignment.
The second negotiation will be based on a canned problem. The grade will be based on the extent to which you meet your client's needs.
You are to prepare three documents:
1. The settlement document;
2. A letter to the client explaining the settlement; and
3. A memo reflecting on what when well, what could have been done better, what surprised you, and what you learned about negotiation.
Be sure to comply with the writing formalities requirements.
The third negotiation is to be based in part on an interview with and consultation with a student acting as your client. There are a number of graded assignments based on the Negotiation 3 materials. The first is an initial client interview. You will need to interview the client to get the necessary information and you are to consult with the client during negotiations, as necessary. The initial client interview is to be recorded and the tape or dvd reviewed with Professor Jamar. When the initial client interview tape is reviewed, you are to hand in the three documents described below.
In conjunction with this client interview you are to prepare and hand in three documents:
1. A memo to the file in preparation for the negotiation. This memorandum should show initial planning for the interview and post-interview planning for the negotiation. It should show use of the techniques and methods studied thus far in the course.
2. A memo to the file after the interview in which you (a) summarize the facts; (b) outline your next step(s); (c) memorialize advice and counseling provided, if any; and
3. A memorandum to me in which you reflect on what went well and on what could have been done better.
Be sure to comply with the writing formalities requirements.
You are to negotiate as often and as long as is needed to resolve the problem. You are to record a 30-45 minute part of the first round of negotiations and have that reviewed by the professor for part of the grade. The review is to be done with both sides present at one time. The other part of your negotiation grade will be based on the quality of the results. You and the person with whom you are negotiating are to review the tape before the review with me and note which 3-4 parts (10 minutes total per person) you want me to observe. I will review those parts and a few additional minutes of the tape.
Be sure to allow plenty of time to negotiate. Most students seriously underestimate how hard it will be and how long it will take to reach an agreement.
You are to meet with your client in person at least twice after the initial interview. Record the first client counseling session after the first negotiation session with the other counsel. You will need to explore alternative solutions with the client (counsel the client). You are to conduct this session face to face. Other sessions may be done by phone or online.
The last meeting will be to explain and justify the terms of the agreement and obtain the client's written consent to it. You are to conduct this session face to face (you need to obtain the client's signature).
You are to prepare three documents relating to the client counseling:
1. The settlement document (signed by the clients and the attorneys);
2. A letter to the client explaining the settlement; and
3. A memo reflecting on what when well, what could have been done better, what surprised you, during the Negotiation 3 project, and reflecting more broadly what you learned about negotiation in this course.
Be sure to comply with the writing formalities requirements.
Class participation is important because skills are not only introduced in class, but they are practiced and time is taken for the extremely important task of reflection on what is being learned. You will be graded on the quantity and quality of your participation, including the quality of your preparation for class exercises and class discussion.The law school attendance policy will be enforced. If you miss 25% or more of the scheduled class sessions, starting from the first day of scheduled classes, you will receive an "F" for the course unless you formally withdraw from the course before the last day to drop a course as set by the law school academic calendar. Under the law school policy, attendance means being present at the start of class and throughout the class period. Tardy students and students who leave class early may be counted as absent.
Krieger, pp. 3-68 (chs. 1-6)
Krieger, pp. 47-58; 69-137 (ch. 5 (again), & chs. 7, 8, 9)Prepare for interview
Conduct interview, turn in documents
Krieger, Part III Persuasive Fact Analysis pp.137-187 (additional recommended reading: 187-230)
Krieger, pp. 295-385 (read in this order to track classes: Chs. 23 & 24; chs. 25 & 27; chs. 26 & 28)Conduct first negotiation ("court-house steps" negotiation -- 100 minutes for the negotiation)
Krieger, pp. 295-385 (reread as appropriate; especially chs. 24, 25 & 27)
Plan for negotiationInterview client for negotiation (video record)
Hand in interview documentation and video recording
Review tape with Professor Jamar
Conduct negotiation (video record part of it)
Hand in negotiation documentation
Review video recording with Prof. Jamar
Krieger, pp. 231-294Plan for counseling
Conduct counseling (video record)
Hand in counseling documentation
Review recording with Prof. Jamar