Final Exam Flashcards

Question

Traditional model

Answer 1

the passive client protected by the powerful professional

Answer 2

the lawyer assumes that she doesn't have all the answers and the client is enlisted to supply an added measure of creativity and an often superior knowledge of the facts

Answer 3

a. Lawyer finds out what the client knows of the facts b. Lawyer and client establish and maintain a professional relationship not just contractually but also personally and strategically

Answer 4

a. Attorney-client relationship b. Learn the client’s goals c. Learn as much as the client knows about the facts d. Reduce the client’s anxiety with being unrealistic

Answer 5

a. Take a look at obvious parts of the law before the clients arrive b. Ask client to bring in specific feedback c. Crafting questions i. Ask for raw facts and their source of knowledge ii. Ask for all details – everything the client say, heard and said iii. Get all basic info from client

Answer 6

a. Prepare b. Information gathering i. Open-ended narration stage ii. Probing stage iii. Review stage c. Goal identification d. Preliminary strategy e. Closing phase

Answer 7

cognitive interviewing - introductory stage -open ended narration stage -probing stage - review stage

Answer 8

a. Build rapport – two/three sentence of comfortable chatting b. Give client full opportunity to tell you whatever it is they want to i. Be sincere ii. Use their name c. Have to let client know this is confidential (don’t need full explanation yet) i. Keep in mind they have private or embarrassing details

Answer 9

suggests they reconstruct the scene and relieve the event mentally/change perspectives/recall events in different order

Answer 10

first seek to put the witness at ease, build rapport, explain their role

Answer 11

go back over story and ask them to fill in gaps and clarify, exhaust their memory before moving onto the next topic

Answer 12

ask client to describe everything she remembers

Answer 13

reiterate most important parts and give opportunity to correct mistakes and to supply additional information

Answer 14

i. Ask for raw facts and client’s source of knowledge 1. How do they know that? a. What they saw and heard – everything else you need to verify ii. Ask for all the details 1. Where? Who? What? iii. Ask about pieces of paper 1. Docs can win or lose cases 2. Who else knows this exists? Can I get a copy iv. Organizing questions 1. Ask broad questions until you are not getting useful info anymore a. Invite open-ended narration

Answer 15

i. “Frailties of human beings” – unconscious or semiconscious fudging ii. If notice an inconsistent record, try to clear it up

Answer 16

i. Interview might be traumatic for client ii. Might also be afraid to tell you thinks they think might undermine their case iii. Cultural social age or dialect barriers iv. Might see lawyer as authority figure

Answer 17

i. Build a relationship ii. Plan an effective interview iii. Notice their body language iv. Instead of racing to the finish line, relax let the client tell the story and listen patiently and carefully v. Participate in the conversation by reflecting back what you hear

Answer 18

What clients want more than anything is to be understood both for who they are and what they have suffered

Answer 19

a. From the client’s point of view what would be the most successful outcome? i. Do not label the problem until you have heard all the facts b. Helping the client identify goals requires patience and active listening c. questions to ask i. if you could imagine the best outcome we can reasonably hope for, what would that be? ii. If we achieve the best outcome how will that affect you? Your family? Your business? iii. What possible bad outcomes are you worried about? How would each affect you?

Answer 20

a. What if client demands prediction (now)? i. Explain what work you will do, what issues you will need to navigate, and what facts you will need to investigate 1. “I just met you; I need to do some research to see what governing laws would apply and get best scenario” 2. Situation can change based on facts that you don’t know yet

Answer 21

a. Do they want you to represent their case? Fees b. What are you going to do moving forward c. What do you need them to do moving forward d. Plan for communication

Answer 22

May help to reverse the normal sequence of broad to narrow questioning. Start with carefully chosen narrow questions that take the client well into the subject

Answer 23

a. Do not make superficial comments b. Listen patiently and attentively to the client’s description of the most painful parts c. Try to understand and let your tone and body language imply that you consider the emotional aspect important and are trying to understand d. Reiterate your commitment to do the best you can do solve their issue

Answer 24

a. Learn as much as you can from the witness b. Make a lasting good impression c. Point out the witnesses’ inconsistencies (maybe) in a principled way that allows the witness to revise memory without feeling manipulated d. Preserve evidence – write a spot on account of what they tell you

Answer 25

a. Structuring choices so client can select from and make a decision i. Likelihood of success predicting ii. Identifying pro/con & adv/disadv of options b. Explaining choices to clients in a way that helps client make a choice c. Takes place before even meeting the client i. Prep – goals and potential solutions ii. Meeting w/ client to explain (LISTEN TO THEM)

Answer 26

a. Structuring choices so that a client can select from them and make a decision b. Explaining these choices to the client in a way that helps the client select from the options you have identified

Answer 27

a. Clients goals and preferences i. Interests not positions ii. Transactional goals iii. Dispute resolution goals – various methods b. Rank clients goals c. Potential solutions i. Predicting 1. At macro level – will client win? 2. At micro level – if . . . , then . . . ; the next steps; other side 3. Identify what you know and what you don’t know 4. By nature it’s inexact

Answer 28

a. Transaction costs – costs to obtain recovery b. Expect value – likely amount client will receive c. Time value of money formula - FV/(1 + I)^n = PV d. Tax consequences – some damages taxable, some are not (punitive) i. Some jurisdictions differ\

Answer 29

a. Would lawsuit disrupt important client relationship b. Would continued conflict build up stress c. Could verdict provide a public vindication important to client d. Consider the moral dimension

Answer 30

a. Duty to render candid advice i. Ex. Do you have a strong or weak case b. When client decides to do something illegal i. How does that square w/ confidentiality c. When the client makes a decision you consider immoral d. When the client’s goals can’t be accomplished i. Think about how you’ll say it ii. Allow plenty of time to explain bad news iii. Be clear, correct, candid giving info iv. Listen to client’s reaction and empathize v. Before ending, develop a plan for handling situation

Answer 31

There’s culture in lawyering, negotiation, and dispute resolution

Answer 32

a. Right thing to do i. if we really do center on the client, then we also should respect the client’s identity b. Own self-interest – satisfied clients i. Significant amount of a lawyer’s work comes through recommendations by satisfied clients, and clients whose cultural differences have been respected are that much more likely to recommend c. World becomes a more interesting place

Answer 33

a. Requires law schools to have exposure to bias, cross cultural competency, and racism

Answer 34

a. Paper chase quote b. Model Rules of Professional Conduct Preamble c. As a rep of clients, lawyer performs various functions: i. Advisor, advocate, negotiator, evaluator d. Conflict is viewed differently in different cultures

Answer 35

i. Political correctness, sensitivity training, etiquette ii. List of do’s and don’ts

Answer 36

perhaps in the international setting

Answer 37

a body of values, customs, and ways of looking at the world shared by a group of people

Answer 38

Ethnicity or race, gender, sexual orientation, age, religion, locality or geography, nationality or immigrant status, disability, income, education or both, and occupation or the organization in which one works

Answer 39

a. Learn about those cultures most commonly found in your area b. Take another’s culture into account when you foresee a problem c. Be curious and open minded

Answer 40

a. Retain counsel in that state i. Might be unwritten rules state to state that you need to be aware of b. Pro hac vice: for this case only motion to appear in a jurisdiction you’re not admitted in

Answer 41

Alternative Dispute Resolution

Answer 42

a. Negotiation b. Mediation c. Arbitration d. Litigation

Answer 43

a. MedArb b. ArMed c. Mini trial

Answer 44

a. Idea came about around 1960s/1970s i. When there was a lot of counter cultural movements b. Started to look at how to solve disputes alternatively to adjudication c. Some only include negotiation and mediation as ADR b/c it’s between parties w/out court and judge i. Sometimes called conciliation

Answer 45

a. Yes, it can have an impact b. Possibly could reduce court dockets c. Social culture – in some countries it’s an expectation d. Legal institutions – in some states admission of sympathy not an admission of guilt e. Legal reform f. Commodification of the apology i. Used as another tool by attorney’s to win 1. Missing point of an apology

Answer 46

Problems become more pronounced when we have different entities (namely minority groups) Says ADR trivializes the remedial dimensions of lawsuits and mistakenly assumes judgment ends His point being they’re going to end up in trial any way Reducing the social function of the lawsuit to one of resolving private disputes

Answer 47

Goals of ADR i. Reduce time and costs of litigation ii. Enhance access to the justice system iii. Reduce court congestion iv. Provide more responsive and effective dispute resolution Thinks Fiss article is misguided – complex litigation is not all courts do Most influential in lawyers using ADR according to research is having had prior experience going through ADR procedures

Answer 48

a. Lawyer as the leader b. Relational capital i. Building good will, trust, repour ii. As lawyer likely have to use relational capital c. Dispute resolution i. Inter and multi-disciplinary (psych, soc, econ, linguistics) d. Listen (don’t speak) i. Active listening is the process of making sense of what you heard and demonstrating that to the speaker e. Interests not positions f. Principles not positions i. Adjudicating not ruling w/ reasoning

Answer 49

Best alternative to a negotiated agreement

Answer 50

comes in on both adversarial and problem solving side of negotiation

Answer 51

what is on the table and offered if you want it

Answer 52

Start with a negotiated agreement i. What’s offered and on the table if you want it ii. On the table 1. Or potentially on the table 2. Gives you options for negotiation between the parties Alternative i. What’s away from the table, get’s you to the BATNA ii. Refers to all the alternatives to the negotiated agreement 1. ALL means the smart, attractive, good, bad, laughable, unlawful alternatives a. Ex. Hire a hit man to take out other side Brainstorm every single alternative i. Make a list ii. Only after go through entire exercise can you weigh the best alternative and the option (negotiated agreement) Out of that list of all alternative solutions, what is the best one The best one out of the complete list of alternatives is your BATNA Only after you have identified your BATNA can you translate that to your bottom line

Answer 53

what's away from the table

Answer 54

walk away from what's on the table

Answer 55

if much worse, take negotiated agreement advise client to consider accepting

Answer 56

WORST alternative to a negotiated agreement

Answer 57

same as BATNA but determine the worst may be the current negotiated agreement

Answer 58

a. Avoid at all costs b. If NA > WATNA possibly consider taking c. Take a bad BATNA over a WATNA

Answer 59

What if losing the case is your WATNA but going to court is your BATNA???

Answer 60

ONLY alternative to a negotiated agreeement

Answer 61

a. Rare situation b. May be going to court c. Limited circumstance out of principle i. Ex. Dignity or liberty is at stake – crime did not commit

Answer 62

a. Between individual, party, community, org or government b. Communication process – goes back and forth i. In writing and in person c. There’s negotiation EVERYWHERE i. Everyday human interactions d. Significance i. 90% of legal matters handled by lawyers eventually involve negotiation e. Two general categories i. Transaction 1. Parties try to enter into relationships in which they voluntarily agree to terms that will govern future conduct ii. Dispute 1. Parties are in conflict and they try to resolve the conflict themselves f. Goal of any negotiator i. Communicate persuasively with other side

Answer 63

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

Answer 64

Parties are in conflict and they try to resolve the conflict themselves

Answer 65

adversarial (positions based) problem solving (interests based)

Answer 66

independent standards that demonstrate the legitimacy or fairness of a party’s position DR negotiations, bargaining occurs in the shadow of the law

Answer 67

The ability to coerce someone to do something he would not do otherwise

Answer 68

Needs, desires, concerns, fears – the things one cares about or wants. They underlie people’s positions – the tangible items people want

Answer 69

a. Positions are the MEANS by which interests are satisfied b. Usually assumes that the negotiation will focus on limited resource such as money and that the parties will decide whether and how to divide it c. Plaintiff and defendant will each select an “opening position” on this continuum and determine a “bottom line” the position at which the particular party will walk away from the negotiation d. Focuses on the rights and power of the parties e. Zero sum – focused on the distribution of resources i. Bottom lines ex. Car prices/sales

Answer 70

adversarial - split orange in half problem solving - Person A wanted the fruit, Person B wanted the peel

Answer 71

a. Seeks to bring out and meet the underlying interests of the parties so that each side is better off b. Each side is assumed to bring something of value to the deal that can create benefits to both parties and the negotiators try to integrate these interests in a settlement or deal c. Integration of resources/ interest-based

Answer 72

a. Most negotiations are not purely adversarial or problem solving b. Complex process involving both distributive and integrative issues, all against a backdrop of the parties’ interests, rights, and power

Answer 73

Argue that by focusing on interests and not positions, parties can generate a variety of options that will provide mutual gain for both of them

Answer 74

assessing the parties interests, rights and power

Answer 75

to prepare and negotiate

Answer 76

just you and other side (attorney's fees)

Answer 77

basic rules of human interaction

Answer 78

i. If you agree, BUT if there’s no agreement or no compliance you are back to where you started

Answer 79

in the room and can be heard

Answer 80

i. Financial (often seen in the commercial setting) ii. Psychological (also relates to reputational and relational interests) iii. Reputational iv. Relational v. Liberty interests vi. Basic human needs vii. Performance interests

Answer 81

1. Moral 2. Expertise 3. Political power 4. Psychological power 5. Social power (possibly in era of social media) 6. Economic power (where most happens)

Answer 82

a. Evaluator i. Help client by providing a third party’s evaluation of the situation b. Advisor i. Counsel clients as to their options in the negotiation process c. Negotiator i. Sometimes lawyer is excusive communicator with the other party or their lawyer d. Drafter i. Once an agreement is reached, usually must be reduced to writing, lawyers need to work out the precise language of the agreement e. Ethical responsibilities i. Model Rule of Professional Conduct 1.6(c) provides a attorney shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client

Answer 83

i. Short term money and long term financial ramifications

Answer 84

i. Ex. Child custody dispute, Might be apology or public recognition of wrongdoing

Answer 85

i. Harmful precedent or adverse publicity will embarrass them

Answer 86

i. Might revolve repeat players, parents in custody battle, companies that will be doing business for years

Answer 87

i. Catch all category, security economic well being a sense of belonging being appreciated and in control over ones life

Answer 88

i. Not only freedom from incarceration but freedom to travel to engage in a particular occupation or to spend time with one’s family

Answer 89

i. Occur within a context where the parties can wield significant power within a given geographic, fraternal, religious, or similar community

Answer 90

a. Using the party’s own power to affect the power imbalance b. Asserting rights to affect the power balance c. Reducing the perception of powerlessness d. Using information to increase your power

Answer 91

i. More money/resources

Answer 92

a. What is it? i. Strategy = big picture plan ii. Tactics = individual manuevers to get there b. First step: identify client’s BATNA c. Second step: translate BATNA into client’s bottom line i. Often in transactional cases ii. Alse need to think of other side’s interests d. Third step: selecting approach i. More adversarial or problem solving e. Strategy and tactics i. Info bargaining = Free discovery 1. Ask broad and probing questions 2. Active listening ii. Concealing info 1. Under answering 2. Answer a ? w/ a ? 3. Ignoring the ? 4. Answer a different ? 5. Explain why you will not answer a ? iii. Posturing 1. Acting like you are willing and ready to win at court 2. “flexing” your sides power iv. Feigning anger 1. If overuse it will help no one v. Following through with your plan 1. Who goes first a. Possibly effected by comfort level (Lee) b. Make somewhat unreasonably high (Gutherie)

Answer 93

i. All parties have certain psychological needs and sometimes other parties will try to exploit these needs by wielding psychological power, such as threats can have a profound effects on those who don’t know their rights

Answer 94

i. In some negotiations greater expertise on certain issues involved in the transaction or dispute and that knowledge can result in power imbalances

Answer 95

a. “Negotiation school, not law school” b. In practice not going to just be using the black letter rule i. You will be using this as a background while you are negotiating

Answer 96

i. Ability to influence public officials, decision makers, or opinion makers ii. Might try to enlist the support of government agencies or key media figures to influence the negotiations

Answer 97

a. Voluntary process i. Also a process of assisted bargaining by attorneys b. Confidential i. Mediator can’t tell without permission c. 3rd party involved – negotiation is still present d. Facilitated negotiation e. Mediator’s job is to listen, to facilitate, and get parties to come to an agreement i. Is NOT a judge f. Sometimes parties agree in advance to go to mediation i. Also court ordered mediation

Answer 98

Method of nonbinding DR involving a neutral 3rd party who tries to help parties reach a mutually agreeable solution (settlement)

Answer 99

pay for mediator

Answer 100

i. Mediator will go first and may have some rules for process

Answer 101

i. Get to tell story, might have say in selecting mediator

Answer 102

i. Similar to negotiation (have to agree and comply) 1. No binding result – if agree there’s a k, and if there’s a breach than back to DR ii. Mediator can issue a mediator’s proposal that parties can agree to e. Client participation

Answer 103

i. To mediate and to prepare for it

Answer 104

a. Mediation is facilitated negation i. Different because it’s facilitated by a 3rd party b. Some mediators are evaluative, others are facilitative i. Depending on case, might do both c. Evaluative i. Uses strategies and techniques to evaluate matters that are important to the mediation d. Facilitative i. Uses strategies and techniques that facilitate the parties’ negotiation e. Problem definition continuum i. Reminds of client interests 1. Here, think of it more broadly ii. Riskin’s contributions – think of the interests as narrow to broad f. Riskin quadrants Evaluative Narrow Evaluative Broad Facilitative Narrow Facilitative Broad

Answer 105

Mediator expresses his or her own opinions

Answer 106

a. Some say 90% of mediation is picking the correct mediator i. Pick based off experience, background, style b. Structure (most are a joint session) i. Might explain confidentiality ii. Opening statement iii. Caucus 1. Mediator going to meet with each party separately iv. Final meeting

Answer 107

Mediator acts as a go between

Answer 108

1. Litigation issues (narrow) 2. Business Interests 3. Personal/professional/relational interests 4. Community interests

Answer 109

find the right mediator prep client for mediation influence the bargaining process confidentiality

Answer 110

i. At minimum look for sensitive, flexible understanding poerople who will do their homework, nor matter their job experience ii. Best mediators can work within a range of styles 1. Ideally, they should fit the mediation style to the case and the parties before them

Answer 111

When info is highly sensitive consider keeping it confidential with the mediator

Answer 112

i. Explain what role you will play ii. How they should interact with the mediator iii. Need to know types of questions mediator is likely to ask

Answer 113

i. Support a competitive bargaining strategy ii. Explore hidden issues and creative options iii. Obtain advice about tactics iv. Take unorthodox steps to overcome barriers v. Enhance your offers

Answer 114

i. You agreed to forego fundamental right to go to court ii. Issues (ex. Employment k w/ arbitration clause) 1. Told to take it or leave it – is this really voluntary? a. In theory, yes BUT in practice some questions arise

Answer 115

a. 3rd party involved but it is the arbitrator b. Parties still there i. Party bringing claim in complainant ii. Party responding is respondent iii. Counsel is also present for both iv. Also witness opportunity to testify for both parties c. Arbitrator not judge i. BUT does have power/authority to issue a binding decision called an award d. Has jurisdiction to hear case b/c it’s contractual e. Can’t arbitrate intentional torts i. Ex. Would not have helped in Garratt v. Dailey

Answer 116

voluntary agreement by parties to resort to arbitration no appeal on merits EXCEPT on very limited grounds

Answer 117

it's contractual

Answer 118

i. Agreement also on conduct and procedures of arbitration 1. Ex. Choosing an administrative organization ii. Fundamental right to go to courts 1. Give up that via the agreement

Answer 119

i. You give them authority to issue a binding decision via the contract ii. Most are former lawyers or judges iii. Good advocates choose their arbitrators carefully

Answer 120

d. No appeal on merits, no appeal to court EXCEPT i. VERY limited grounds for challenging enforcement of award, or setting it aside 1. Setting aside = asking them to vacate/make it like it never occurred 2. Technically different from challenging enforcement ii. No arbitrator appellate iii. What are limited grounds? 1. Federal Arbitration Act § 10

Answer 121

statute for arbitration Still in effect 100 years after being enacted

Answer 122

Validity irrevocability and enforceability of arbitration agreements “an agreement in writing to submit to arbitration an existing controversy arising out of such a k, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of a k.”

Answer 123

appointment of arbitrators Named by agreement If for any reason there’s a lapse in naming an arbitrator, the court shall designate and appoint an arbitrator

Answer 124

grounds for setting aside an award NOTE many words are not defined in any statute and are therefore litigable

Answer 125

1. Where the award was procured by corruption, fraud, or undue means 2. Where there was evident partiality or corruption in the arbitrators, or either of them 3. Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced, or 4. Where the arbitrators exceeded their powers or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made a. Most common grounds 5. Where the arbitrator manifestly disregarded the law a. This is a judge made standard incorporated into this b. Very high standard

Answer 126

i. CCC v. CCC One party who award was in favor of had a previous consulting relationship with the arbitrator

Answer 127

1. Law that applies 2. Arbitrator disregarded that law

Answer 128

Does not include setting aside if arbitrator is an idiot – incompetent or got the law wrong This is the risk you take

Answer 129

The parties decide on how to conduct arbitration

Answer 130

Arbitrators have the jurisdictional power b/c of k Any good arbitrator will take copy of award to nearest clerk’s office and enter it as a judgment Court will enter as long as they have jurisdiction ii. Takes couple of days iii. Can use to seize bank accounts iv. Do before losing party challenged award

Answer 131

don’t have to pay like you would for institutional

Answer 132

if you failed at negotiation or mediation, are you really going to be able to decide ad hoc

Answer 133

An administering organization oversees arbitration case management (eg. American Arbitration Association)

Answer 134

largest private global provider of ADR services in the world

Answer 135

don't have to struggle to reach agreement

Answer 136

have to pay/expensive

Answer 137

a. Commercial (k) b. Labor management/ Professional Sports i. CBA – collective bargaining agreement 1. Usually contains DR clause c. Employment d. Securities i. Sale and stock markets e. Everyday life

Answer 138

Not much different from litigation just be midnful of

Answer 139

called an award and is binding

Answer 140

higher time

Answer 141

expensive - parties pay for arbitrators and counsel and possibly expert witness

Answer 142

i. Institutional – administering organization that has published rules for how process should be ii. Ad hoc iii. Formal rules of evidence don’t apply, but in large part resembles court proceeding 1. Trial lawyers complain there is limited discovery and more relaxed rules of evidence a. Ex. Hearsay is up to the arbitrator

Answer 143

i. Some say in who arbitrator is – might be important if you need someone who is an expert/specialized in some field

Answer 144

a. Parties can set procedures, applicable rules b. Parties can select arbitrator (of 3), or have say in selecting sole arbitrator c. Party confidence in the process d. Limited discovery in arbitration e. No appeals, binding decision f. Want a quick decisions – not spend years on appeals g. For arbitration w/ respect to admissibility of evidence

Answer 145

a. Means it’s what the parties want i. They want arbitration ii. Parties agree to go to arbitration in the first place (chose over something else) iii. Can agree on how arbitration is conducted 1. Procedures, selection of arbitrator, location, payment iv. BUT there are limits v. Risk – concocting an agreement so unconventional to delay arbitration can happen

Answer 146

i. Criminal actions (the state should be involved) ii. Public constitutional (the state should be involved) iii. Marital dissolution [?] iv. Intentional torts 1. Ex in mid of heated negotiation a CEO punches another CEO a. Yes arose out of capacity of job BUT nature of claim being an intentional tort likely not arbitrable i. BUT not necessarily in every law or state

Answer 147

some cases may not be arbitrated

Answer 148

a. 3rd party neutral is the judge b. Only 5% of all cases go to trial i. Most settle, hence importance of communication, listening, negotiation, mediation, etc c. Counsel speaks for the parties i. Most everything said is heard by everyone ii. P and D do not directly communicate with each other iii. More rigid, formal, procedural process

Answer 149

BIGGEST ADVANTAGE -finality

Answer 150

appeals process and trial take YEARS

Answer 151

Attorney fees, filing all documents, litigation is EXPENSIVE

Answer 152

lower - don't really have a say unless witness, they don't speak to judge or other side

Answer 153

YES - fed rules, chamber rules, circuit rules, civ pro, evidence, crim pro all can apply

Answer 154

Treats the client as a passive participator and the lawyer as the primary decision maker. The client provides facts and the lawyer provides professional advice and judgment. - Minority of clients want this. - People that want this structure are likely older, more conservative, or from a different culture. - More focused on litigation outcomes and legal principle

Answer 155

: Focusing efforts on what the client hopes for (rather than what the lawyer thinks the client needs) and treating the client as an effective collaborator, (rather than a helpless person that the lawyer will rescue). Both attorney and client are active. Attorney and client brainstorm and work together. - Majority of clients want this approach. - Considers emotional, social, economic, and other alternatives instead of purely legal solutions - Gets better results on average in personal injury cases - Client has better knowledge of facts - Actively involved client catches mistakes - Promotes the dignity of clients by making them more responsible for choices - Reduces client anxiety because the client is not kept in the dark - Liberates lawyer from paternal role, which reduces client suspicion - Invites personal contact

Answer 156

Help parties understand the strength of their relative positions and the likely outcome of litigation.

Answer 157

Help parties understand the strength of their relative positions and the likely outcome of litigation.

Answer 158

Principle strategy is to learn about the circumstances and underlying interest of the parties and other affected individuals or groups and use that knowledge to direct the parties toward an outcome that responds to such interest`

Answer 159

Help the participants define the subject matter of the mediation in terms of underlying interests and help them develop and choose their own solutions that respond to such interests.

Answer 160

Problem solving 2. Legal analysis and reasoning 3. Legal research 4. Factual investigation 5. Communication 6. Counseling 7. Negotiation 8. Litigation and ADR procedures 9. Organization and management of legal work 10. Recognizing and resolving ethical dilemmas

Answer 161

Provision of competent representation 2. Striving to promote justice, fairness, and morality 3. Striving to improve the profession Professional self development

Final Exam Flashcards

(187 cards)