9 a b Upscale Accusations Counseling Exercise NOTE

9 a & b Upscale Accusations Counseling Exercise NOTE TO INSTRUCTORS This ppt set outlines a 3 – 3. 5 hour session for student-client to student-lawyer counseling in Upscale Accusations, with feedback built in. As discussed in the Instructors’ guide, I suggest that student pairing be switched when they switch roles. The website will [eventually] contain some video of an attorney taking on Upscale Accusations. Until that is ready for public consumption, I suggest following the student simulation work with a fishbowl, examining what would be the best possible way(s) to counsel a client in Upscale, depending upon client response and capacity. ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 1

Upscale Accusations Counseling and Grand Summary Agenda 60 -75 mins 30 mins 15 mins 60 mins 15 mins Lawyer to Client Counseling in Upscale Accusations; First round 25 -30 minutes, plus 5 minutes of client to lawyer feedback, then 5 -10 minute debrief about what’s difficult, etc. , then switch roles & pairings for counseling 20 -30 minutes plus 5 minutes of feedback. Debrief Break Video or Fishbowl Grand Summary ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 2

9 b Grand Summary Notes to Instructor The following are somewhat “rah rah” powerpoints intended to summarize. If not pressed for time, it’s useful to weave in commentary relating the various points to student discussion and experience during the course. ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 3

Reflective Practitioners From Classroom to Clients Back to the Interview GOALS Rapport, Connection, TRUST, Positive Interaction, Confidence • • • Opening moments: ice breakers; SOLER Watch for those Core Concerns Lurking Offer an Agenda, Choice Help your client know that you “get it” Mirroring, voice, reflective listening Gravitas, esp. if you’re under 40 Clear, Comfortable Communication on Confidentiality & Fees Respect the Client’s Narrative and Conversation Patterns ALL THE FACTS – Be wary of memory Learn Client’s Goals and Priorities Listen for Meaning Imbued by the Client Establish Clear Next Steps ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 4

Five Counseling Challenges #1 Clear Communication Translate legalese Remember what words you DIDN’T know before law school! Which will you have to use to explain an important legal concept? Check understanding What means – IMPACT – not just dictionary EXAMPLES HELP!! Use hand gestures to locate concepts, time lines Consider trees and charts ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 5

#2 Deep Understanding of Client Context CURIOSITY: QUESTIONS ABOUT BUSINESS, PROFESSIONAL, COLLEGIAL, CIRCUMSTANCES - IMPACT OVER TIME Checklist for the future: predictions, confidence level, ability tolerate/comfort with risk; concern for/obligation to others and self ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 6

#3 Effectiveness With EMOTION • WATCH AND LISTEN • HELP DIRECT by MIRRORING AND MOVING to a helpful place • FIVE CORE CONCERNS • Listen for them in the underlying conflict • Meet them in the interaction ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 7

#4 WISDOM GIVEN UNCERTAINTY • TREES!! • Build your own picture for rigorous thinking and seeing how issues link, logical and time line flow, what matters, what may change • Use trees for clear communication of the paths your client’s case might take • Use trees to discuss risks and possible outcomes • Use trees to think and talk about settlement • REMEMBER THAT THE TREE IS IN A FIELD (Okay, a context). Include intangibles and other impacts, $ and BEYOND $ ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 8

#5 PSYCHOLOGY AND ITS IMPACT • Watch those traps and tendencies in you and your clients • Check the data!!! Seek strategies to counteract impact of biases in your evaluation • Framing happens – let it not be random! Guard against and USE choices in framing around risk and loss ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 9

Know yourself; challenge yourself • Be conscious of physical presence and vocal patterns and strengths, build your repertoire • Become a critical actor – observe physical presence, gesture, vocal patterns, range, synchrony, gravitas in others • Become a keen observer of verbal and facial cues • Imagine yourself as the client ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 10

GREAT LAWYERS • Envision the lawyer you want to be • What do you want your clients to say about you? • How do you want colleagues at the bar to describe you? • Keep thinking like a great lawyer Be critical, be observant to…. . BECOME a great lawyer – AND YOU WILL!!! ©Marjorie C. Aaron, 2013. Use with permission through Clientsciencecourse. com, with © attribution. All rights reserved. 11