Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis

by Krieger, Stefan H.; Neumann, Richard K.; McManus, Kathleen H.; Jamar, Steven D.

• ISBN13: 9780735500136
• ISBN10: 0735500134
• Format: Paperback
• Copyright: 1999-03-01
• Publisher: Wolters Kluwer

Summary

When introducing law students To The skills that will help them succeed in practice, be sure to include this powerful new paperback. By incorporating cutting-edge theories and issues of professionalism, ethics, and diversity without overwhelming students, The authors make the book topical and interesting as well as effective and enlightening. They address the traditional study of interviewing, counseling, and negotiation, along with the vital area of fact analysis to give students a deeper, more solid foundation. In clinics or classes, ESSENTIAL LAWYERING SKILLS: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis stands out from other materials due to its: thorough coverage of fact analysis - students build confidence when they learn how to analyze the persuasive value of facts, not just uncover them user-friendly style experienced authors who know what workds in first-year legal writing programs and tailor their materials accordingly practical focus and manageable length (only 300 pages) exceptional Teacher's Manual ESSENTIAL LAWYERING SKILLS: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis is divided into five sections: Problem-Solving and Working with Clients - introduces foundational issues and prepares students For The role of the lawyer Interviewing - four chapters cover problem-solving, legal professionalism, The client, and various interviewing techniques Facts and Theory Development - clarifies issues of organizing and thinking about facts as well as strengthening the persuasiveness of facts and responding to an opponent's facts Counseling - explains what happens with an illustrative example, then explores preparation, The actual counseling meeting with the client, and how to overcome special counseling problems Negotiation - reviews the elements of negotiation and its style, strategies, tactics, and techniques, then explains how to develop a complete negotiation strategy With this unique teaching package, you equip your students with the skills they need to thrive.

Table of Contents

Table of Contents	xi
Acknowledgments	xix
PART I BECOMING A LAWYER	1	(44)
What This Book Is About	3	(2)
Professionalism	5	(16)
Lawyering for and with the Client	21	(10)
Lawyering as problem-Solving	31	(14)
PART II INTERVIEWING	45	(64)
Observation, Memory, Facts, and Evidence	47	(16)
Interviewing the Client	63	(26)
Interviewing Witnesses	89	(20)
PART III PERSUASIVE FACT ANALYSIS	109	(70)
How We Organize and Think about Facts	111	(8)
The Legal Elements Model of Organizing Facts	119	(8)
The Chronology Model of Organizing Facts	127	(10)
The Story Model of Organizing Facts	137	(12)
Selecting a Model for Presentation of the Case	149	(4)
Strengthening the Persuasiveness of Your Facts	153	(18)
Responding to Your Adversary's Facts	171	(8)
PART IV COUNSELING	179	(46)
What Happens When a Lawyer Counsels a Client	181	(8)
An Example of Counseling: The Plant Closing	189	(6)
Preparing for Counseling; Structuring the Options	195	(12)
The Counseling Meeting with the Client	207	(10)
Special Problems in Counseling	217	(8)
PART V NEGOTIATION	225	(82)
How Negotiation Works	227	(12)
Negotiation Preparation: Assessing the Panics	239	(14)
Developing a Negotiation Strategy	253	(18)
Styles and Rituals	271	(8)
Following through on Your Plan	279	(14)
Negotiation Tactics	293	(14)
Index	307