INDIANA UNIVERSITY MAURER SCHOOL OF LAW Blmingtn Assignment Memrandum Date: February 20, 2012 Frm: Prf. Hendersn T: RE: Legal Prfessins Class Mid Semester Presentatins One f the cre cmpetencies f the Indiana Legal Prfessins curse is hw t cmmunicate effectively in varius prfessinal cntexts (see p. 12 f curse materials). This includes presentatins t prfessinal grups, including yur peers and clleagues. Like any ther cmpetency, presentatin skills becme better with practice and feedback. The primary purpse f the mid semester presentatins is tw fld: (1) t prvide each Practice Grup with a lw risk pprtunity t cllabrative n a legal ethics presentatin as a team i.e., t practice; and (2) fr each Practice Grup t bth give and receive substantive feedback n a Grup presentatin. The Prblem assignments are as fllws: Prblem 6.11: Prblem 6.12: Prblem 6.13: Practice Grup Presentatins Yu are part f the Yung Leaders Divisin f the Gtham Metrplitan Bar Assciatin. Over the last several years, the Yung Leaders Divisin has becme disenchanted with the staid, bring frmat f cntinuing legal educatin (CLE), particularly fr legal ethics, which are mandatry fr all lawyers. The Steering Cmmittee has enlisted a cterie f divisin members [yur Practice Grup] t review/illustrate lawyers ethics requirements using challenging and realistic hyptheticals. This winter s prgram is fcusing n MR 1.2, 1.4, 1.14, 2.1 and their cmments. The Steering Cmmittee created three hyptheticals, assigning yur Grup ne f them. The Cmmittee als prvided yu with the fllwing written instructins: Our audience will have cpies f the hypthetical in their CLE packets, but dn t assume they have read it (at least carefully). We need yur Grup t prepare a shrt presentatin (12 minutes max.) that summarizes and explains the ethical dilemma(s) psed by the hypthetical. The Yung Leaders Divisin is placing n restraint n the frmat f yur presentatin. Yu are free t illustrate the prblem, ffer a ptential ethical slutin, r bth using any medium (lecture, slide shw, rle play, vide, audience interactins) yu wuld like. Use yur wn judgment in crafting what yu believe is an effective and memrable CLE presentatin. Keep in mind, hwever, that the evaluatin frms are filed with the 1
State Supreme Curt we dn t want the Yung Leaders Divisin t get lw scres. In additin, the state bar requires that CLE prgrams include written materials that cver relevant rules and case law. Therefre, in preparatin fr the prgram, please write up a shrt analysis f yur assignment hypthetical (tw pages maximum) referring where apprpriate t MR 1.2, 1.4, 1.14, 2.1 and cmments. [This dcument is due by 6 pm the night befre yur presentatin. Please submit via email (wihender@indiana.edu).] As Practice Grups, yu can take the wrds f the Steering Cmmittee literally. There is n penalty fr creativity. Outside research is nt required nr encuraged. Fur Parts t Assignment Fr this assignment, each Practice Grup is respnsible fr fur items: (1) Yur wn Grup presentatin, including the written wrk prduct referenced abve. (2) Meeting with Prfessr Hendersn and ne r tw PGAs t discuss and evaluate the presentatin f anther Practice Grup (assigned in table belw). The feedback prcess shuld be substantially, but nt necessarily exclusively, guided by the Grup Presentatins Grading Rubric (see Appendix). (3) Preparing and delivering feedback t members f the ther Practice Grup. This des nt require a super meeting f tw Practice Grups. Yu are free t crdinate the delivery f the feedback in a way yur Grup cnsiders apprpriate and effective, including delivery by a single grup member r in writing (query: what wuld be the mst effective?). D yur best t make the feedback timely(schedule in advance?). (4) Writing a shrt email t Prfessr Hendersn (wihender@indiana.edu) reprting whether feedback received was valid and/r useful (by Friday, March 23 at 4 pm). The table belw has the presentatin and feedback assignments. Date Practice Grup Presentatin Prb. Evaluatr Grup Debrief with Prf. (Lcatin TBA) Mn. 3/5 @ 8:25 6.11 6:00 pm Mn. 3/5 @ 8:40 6.11 6:30 pm Mn. 3/5 @ 8:55 6.12 7:00 pm Mn. 3/5 @ 9:10 6.12 7:30 pm Mn. 3/5 @9:25 6.12 8:00 pm Tues. 3/6 @ 8:25 6.13 6:00 pm Tues. 3/6 @ 8:40 6.13 6:30 pm Tues. 3/6 @ 8:55 6.13 7:00 pm Tues. 3/6 @ 9:10 6.13 7:30 pm 2
As yu can see, the abve table is tightly timed. Time yur presentatins in advance; presentatins lnger than 13 minutes will be cut shrt. Nte als, n March 5 and 6, students are encuraged but nt required t watch all the Grup presentatins. Yu are nly required t attend yur presentatin and the presentatin f the Grup yu are evaluating. Yu will nly be permitted t enter and exit, hwever, between presentatins. T be late is t nt participate. This assignment als includes an ut f class debriefing sessin where we (yur Grup, ne r tw PGAs, and I) can discuss the presentatin f yur assigned Grup. The PGAs and I will participate, but we are nt running these meetings yu are. The meeting can last n mre than 25 minutes. Yur Grup is then respnsible fr rganizing and cmmunicating these impressins t the members f yur assigned Grup in an timely and effective manner. It may be a gd idea t schedule that in advance. The PGAs and I are respnsible fr distilling dwn a set f cncrete elements that were ften present in the mst memrable and effective presentatins. This shuld help yu with yur Graded Grup Presentatin in April. We will share these bservatins with the class n Wednesday, March 7 th. Guidance n Specific Prblems All three f the mid semester prblems deal with client cunseling. The relevant Mdel Rules are 1.2, 1.4, 1.14, and 2.1 (cmments are relevant fr all Rules). Certain readings frm Chapter 6 may be especially helpful: 6.2 A Primer n Attrney Client Paternalism lays ut the debate n this tpic. Each f the prblems requires yu t grapple with hw yu might cme dwn n this seemingly irreslvable debate. 6.3 A Primer n Cunseling (Weng) cntains a vcabulary and several framewrks fr analyzing the lawyer client cunseling relatinship. A Primer n Interviewing (Weng), which is psted in the Week 6 Resurces sectin f OnCurse, prvides ways t break dwn and analyze yur Grup s prblem. Belw are sme pinters and tips fr specific prblems: 6.11. Example: Under the Influence. This hypthetical deals with the cunseling dynamics between an estate planning lawyer and an elderly client stensibly wishing t change her estate plan. The lawyer urges the client t take steps that he believes are in her best interests. After interactins with the client s family, the lawyer receives ntificatin that he has been fired. Yu have 12 minutes t illuminate the ethical issues in this prblem. One pssible apprach t take is t critique the lawyer s interview style. E.g., Did he satisfactrily identify the client gals and bjectives? See MR 1.2 and cmments. Did he ask the right kind f questins leading versus pen ended? What infrmatin seems relevant but remains unknwn? Is he being t directive, r is he just fulfilling his bligatins under MR 1.2? (Regarding MR 1.2, yu might want t discuss as a Grup yur wn hnest, candid views f the situatin). Can yur 3
Grup suggest a better strategy? Is this a case f ptential elder abuse? Finally, is terminatin f the ACR necessarily a bad utcme? The abve remarks are just a primer. Feel free t g in yur wn directin. 6.12. Example: Death Rw Vlunteer In this hypthetical, yu are asked t prvide advice t a law schl classmate wh is wrking n a pr bn case fr the Califrnia Capital Defense Prject. The criminal defendant has expressed the desire t drp all appeals, thereby expediting the executin date. The CCDP, which is financing the case, believes that the defendant received an unfair trial, especially during the penalty phase when the defendant was given a death sentence. Yu have 12 minutes t illuminate the ethical issues in this prblem. One pssible apprach t pursue is the client identity and capacity issues (MR 1.2 and 1.14). On a related nte, what is the scpe f the representatin? D the Mdel Rules acknwledge a place fr viewpint f a public interest rganizatin that represent individual clients but are rganized and financed t advcate fr specific causes and utcmes? Cf. 3.8 Example: Trusts & Estates: Wh is the client? (explring interests f family unit when cunseling a husband and wife wh are nt in cmplete agreement n an estate plan). Nte that the hypthetical states, The nly gverning law is the ABA Mdel Rules. What advice is warranted under the Mdel Rules? Des yur friend have any latitude r discretin? The abve remarks are just a primer. Feel free t g in yur wn directin. 6.13. Example: Tram Nguyen s Case [Fr the purpses f the mid semester exercise, yu may fllw r disregard the instructins in the first and last paragraph f 6.13. The nly instructins yu have is t analyze the ethical duties and implicatins f Ms. Nguyen s case.] In this hypthetical, yu have a client, a Vietnamese wmen, wh is charged with a criminal misdemeanr (leaving the scene f a crime). Based n physical evidence and yur interactins with the client, yu believe she is inncent. Yet, due t sme cmmunicatin issues (yur client speaks nly brken English) and pssible racism, plice and prsecutrs appear t have sided with the ther driver invlved in the accident. Yur fees are being paid by yur client s sister in law. Withut much cnsultatin r analysis, yur client is inclined t fllw yur advice r the views f her sister in laws. Yu have 12 minutes t illuminate the ethical issues in this prblem. One tact t take is t analyze the agendas f the many peple wh, directly r indirectly, have sway in the case: the prsecutr, the judge, the law firm partner, the sister in law. What is imprtant frm Ms. Nguyen s perspective? If yu dn t knw, what questins might yu ask t find ut? Hw might the answers influence yur advice? The abve remarks are just a primer. Feel free t g in yur wn directin. 4
The Legal Prfessin (B614). Grup Presentatins Grading Rubric i Spring 2012 Appendix Exemplary: Scre 2 fr each criterin met. Cmpetent: Scre 1 fr each criterin met. Develping: Scre 0 fr each criterin met. Cntent: Des the cntent supprt the purpse f the presentatin and the needs f the audience? Law, cmpetencies, and cncepts are presented accurately Law, cmpetencies, and cncepts are presented in sufficient detail r are explred in sufficient depth (given time cnstraints) t supprt the bjective f the presentatin Additinal materials, including visual aids, cmplement the presentatin and its bjective Objective f the presentatin is easily identified Questins are answered knwledgeably, thrughly, and cncisely Law, cmpetencies, and cncepts are presented with nly minr inaccuracies Law, cmpetencies, and cncepts are presented in detail r are explred in depth (given time cnstraints) but d nt fully supprt the bjective f the presentatin. E.g.: rules nt adequately elabrated, examples nt sufficiently specific Additinal materials, including visual aids, mstly cmplement the presentatin and its bjective Objective is nt immediately clear Questins are answered with sme difficulty Law, cmpetencies, and cncepts are presented with majr inaccuracies Law, cmpetencies, and cncepts are presented superficially, withut adequate explanatin r explratin, r in areas that are nt respnsive/applicable t the prblem Additinal materials, including visual aids, detract frm the presentatin and its bjective Objective is difficult t determine Questins are nt answered accurately, thrughly, r knwledgeably Structure: Des the rganizatin reflect the purpse f the presentatin and the needs f the audience? Presentatin rganized accrding t Organizatin is evident but may be Organizatin is cnfusing r unclear audience s needs, with clear relatinship between ideas (e.g., undermined by weak transitins r ccasinal digressins Weak intrductin r cnclusin pening, bdy, and cnclusin; chrnlgy; thematic narrative) Intrductin r cnclusin mstly accmplishes its intended functin Strng intrductin and cnclusin (clearly cnveys bjective f the presentatin and summarizes the intended lessns) 5
Perfrmance: Hw strng is the presentatin qua presentatin? Mst speakers are fluent and pised Sme speakers display sme degree f Mst speakers use language cmfrtably and apprpriately nervusness (reading, fillers, hesitatins) Mst speakers speak at an effective rate and vlume Sme speakers have minr prblems with language usage (includes Eye cntact is apprpriate fr unfamiliar r t much jargn) audience Sme speakers may speak t slwly Use f space apprpriate fr the r quickly, t ludly r sftly situatin Eye cntact may be slightly t much Visual aids are designed effectively r t little Speakers use visual aids easily Speakers may be mving arund a The Q&A prcess is handled smthly little t much r nt quite enugh Visual aids demnstrate a few weaknesses in design Speakers have a few difficulties with use f visual aids The Q&A prcess has sme prblems (e.g., cnfusin as t wh is answering) Mst speakers seem uncmfrtable Speakers display several prblems with language usage Mst speakers speak much t slwly r quickly, t ludly r sftly Nt enugh eye cntact Inapprpriate use f space Visual aids demnstrate sme weaknesses with design Speakers have difficulties with use f visual aids The Q&A prcess has substantial prblems (e.g., hstility displayed) i Adapted frm rubric fr Management Cmmunicatin fr Undergraduates (15.279), Slan Schl f Management, Massachusetts Institute f Technlgy, 1999, available at http://web.mit.edu/tll/teaching materials/rubrics/index rubrics.html. 6