Book and notes

Question 1

client-centered lawyering

Answer 1

lawyering method that prioritizes client’s desires and hopes and treating the client as an effective collaborator

Question 2

traditional model of the attorney-client relationship

Answer 2

passive client protected by the powerful professional, client comes with problem and lawyer tells them the answer

Question 3

participatory model of the attorney-client relationship

Answer 3

lawyer and client brainstorm strategies together, allows client to have a say in the process and get an outcome they feel happy with

Question 4

duty of confidentiality (1.6)

Answer 4

a lawyer shall not reveal information relating to the representation of the client

Question 5

Duty to confidentiality exceptions

Answer 5

• the client gives informed consent or the lawyer believes the disclosure to be necessary to prevent certain death or harm
• prevent crime or fraud, etc
• lawyer is taking reasonable remedial measures, including disclosure to the tribunal

Question 6

client counseling

Answer 6

the process in which lawyers help clients reach decisions

Question 7

client counseling preparation

Answer 7

identifying the client’s goals and developing two or more alternative potential solutions that might accomplish those goals, meeting with the client to explain potential solutions so the client can choose between or among them

Question 8

types of situations where a client wants a counseling and advice

Answer 8

• facilitating a transaction (i.e. contract or will)
• dispute resolution (i.e. litigation)

Question 9

transactional counseling

Answer 9

client seeking out advice about how to structure deals with other organizations and how to minimize taxes and legal liability

Question 10

arbitration

Answer 10

private litigation where parties can create their own rules or procedure, making them as simple or as complicated as they like, choose own arbitrator or make a panel

Question 11

benefit of mediator

Answer 11

help the parties work it out themselves by suggesting possible solutions or helping the parties brainstorm them and help parties understand each other’s point of view

Question 12

client counseling steps

Answer 12

1. identify the problem
2. gather and evaluate information to solve the problem
3. generate options
4. evaluate each potential solution to measure advantages, costs, risks, and odds of success
5. explain those predictions to the client and ask them to choose the best option
6. act on the option chosen

Question 13

transactional negotiations

Answer 13

parties try to enter into relationships in which they voluntarily agree to terms that will govern their future conduct

Question 14

dispute negotiation

Answer 14

parties are in conflict and try to resolve the conflict themselves

Question 15

common interests between parties in negotiation

Answer 15

resolving the matters promptly, maximizing financial position, developing or maintaining long-term relationships, or addressing psychological needs

Question 16

adversarial negotiation

Answer 16

focuses on the rights and power of the parties, each party takes the position that they are entitled to something. Negotiation serves as a contest between each party to see who will make concessions, adopt fallback positions, and who will compromise or leave.

Question 17

problem-solving negotiation (integrative)

Answer 17

focuses on the interests of the parties, assume each party is bringing something of value, trying to integrate these interests into a settlement or deal

Question 18

BATNA

Answer 18

best alternative to a negotiated agreement

the bottom lines at which they will walk away from the bargaining table

predicts the best thing the negotiator would be able to do if the negotiation fails and an agreement is not reached

Question 19

evaluator

Answer 19

help client by providing a third party evaluation of the situation, give clients a reality check as to the actual experience in your particular jurisdiction

Question 20

advisor

Answer 20

counsel clients as to their options during the negotiation process, particularly in regard to what offers to make and whether to accept an offer made

Question 21

negotiator

Answer 21

often the sole communicator with the other party, sometimes clients participate.

Question 22

drafter

Answer 22

pins down the exact language of the agreement

Question 23

ABA model rules of professional conduct discharging ethical and legal responsibilities

Answer 23

a lawyer shall abide by a client’s decision whether to settle a matter

lawyers must be particularly sensitive to the risk that the client’s practical dependency on the lawyer may give the lawyer immense power to influence or overcome the client’s will respecting a proposed settlement, must not take actions that may harm the client’s interests to induce the client’s assent to the lawyers position respecting a proposed settlement

Question 24

misrepresentations under MRPC 4.1

Answer 24

a lawyer shall not knowingly make false statement of material fact or law to a third person

Question 25

Arbitration

Answer 25

Agree to submit to neutral party who makes a decision which may be either binding or non binding. Used in industrial labor relations and in commercial and consumer disputes