FOCUSED PROBLEM SOLVING - CONSUMER SETTING
Professor Kathy Hessler
FALL 2005

Course Policies & Syllabus

Team Faculty

FPS Professor:  Professor Kathy Hessler – Monday, 2:50 – 4:50, Room A58

FPS Firms:

Firm B1            Professor Kevin Young – Wed., 5:30-8:00 p.m. – Room A66

Firm B2            Professor Erika Friedman – Thurs., 5:30-8:00 p.m. – Room A66

Firm B3            Professor Kevin Young – Wed., 5:30-8:00 p.m. – Room A66

Firm B4            Professor Erika Friedman – Thurs., 5:30-8:00 p.m. – Room A66

Firm B5            Professor Kevin Young – Wed., 5:30-8:00 p.m. – Room A66

Firm B6            Professor Erika Friedman – Thurs., 5:30-8:00 p.m. – Room A66

 

Course Policies

Class AttendanceAttendance is required for scheduled classes.  In the event you cannot attend a class, please notify Professor Hessler as soon as possible and in advance of class if at all possible.  Please note that attendance and participation are factors in your grade and unexcused absences will have a negative impact on your grade.  Two excused absences are permitted if Professor Hessler is notified in advance of class, or as soon as possible in the case of illness or other emergency.  Other excused absences may be permitted depending on the circumstances.

Simulation Attendance: Both simulation assignments must be completed in order to get credit for the course.  If you miss a scheduled simulation, it is your responsibility to arrange a makeup session by contacting your Firm professor and Professor Hessler.  Further, you need to observe two simulation sessions after you complete yours and before you write your Self-Evaluation Memo.  You can do this in person or by watching the video tapes.  In order to write your Self-Evaluation Memo, you will also need to view the videotape of your own interview.

Promptness and Deadlines: Assignments are due at the time specified on the syllabus by turning them in at the Milton A. Kramer Law Clinic Center.  Failure to turn in an assignment on time and in the proper format will result in a reduction of your grade.

Exceptions: If you feel your situation presents an exception to any policy or rule pertaining to this course, you must see Professor Hessler to request relief.

Authorized CooperationNotwithstanding the provisions of the Law School Code of Conduct pertaining to "Improper Cooperation on Work," unless otherwise instructed by your Professor, you may cooperate with or solicit cooperation from any classmate on the work you perform in connection with this course, provided, however, that you may not give or solicit such cooperation from any person at all (including spouses or typists) in the actual drafting or editing of written assignments or in your simulation performances.

To the extent you have any question as to whether the cooperation or collaboration you contemplate constitutes "improper cooperation on work," please seek clarification or authorization from Professor Hessler before giving or receiving such cooperation.

In GeneralYou are bound by the Honor Code and Academic Regulations of the Law School.

Class Meeting Times
Attached are the individual schedules of meeting times by firm.  The Syllabus identifies what you will be doing in each class session, while the schedule shows you when and where your classes meet.  Although the class schedule is largely established, it may change from time to time.  Any changes in the schedule will be posted to Blackboard and will be emailed to you at your law school email address.  It will be your responsibility to attend class when and where scheduled throughout the semester. Please note that you need to check your law school e-mail address frequently even though it may not be your primary account. 

Grades

AssignmentsThis syllabus, assignments, course materials, and other documents will be posted from time to time on Blackboard.  It will be your responsibility to check Blackboard to ensure that you have all the necessary documents and information related to this course.  If you are unsure whether you have all the documents, ask Professor Hessler.

Points:

Attendance/Effort/Participation 10
Self-Evaluation Memo P/NC
Case Theory Memo 20
Simulation 1 (Problem Identification Interview)   20
Simulation 2 (Counseling/Analysis Meeting) 20
Final Counseling Memo 30
Total possible points 100

Written Assignments: All written assignments shall be completed by the due date listed in the schedule below by hard copy delivered to the Milton A. Kramer Law Clinic Center.  The assignments must be typed, double-spaced on 8-1/2" x 11" paper with 1" margins on all sides.  Pages must be numbered.  Proofread your written work thoroughly.  Papers must be entirely printed (including any footnotes) in 12 point Times Roman or CG Times typeface.  Papers longer than the page limit will not be graded beyond the page limit.  Include the last four digits of your social security number as your student ID on the upper right hand corner of each page of each written project.  The first written assignment will be the Self-Evaluation Memo pertaining to your client interview, which is due one week after your simulation. This paper will be graded pass/no credit.  You will be required to redo this memo if the work is not sufficient to pass.  The second paper is a Case Theory Memo, which is due two weeks after the completion of the entire interviewing process.  The third paper is the Final Memorandum which will be due on the last day of classes, December 2, 2005.  Separate instructions for each paper will be posted to Blackboard.

Simulation Assignments: You will be assigned two simulation exercises this semester.  The first is a client fact gathering interview with an emphasis on problem, interest, and goal identification.  The second is a client counseling meeting in which you will help your client evaluate options and make decisions.  Prior to each simulation performance, we will discuss the goals and skills of the simulation in the Friday class.  The simulation assignment will be distributed prior to the class.  You are required to read all assigned material in preparation for the class.

After the class, at your scheduled Firm meeting time, half of you will meet in your Firms to perform the simulations.  The other half will meet in your Firms the following week.  (See Schedule below.)  Each of you will be doing the entire simulation (unlike CORE 1, 2 and 3 where you were assigned a specific piece of the simulation).  You will be given approximately 30 minutes to perform each simulation.  Each Firm will have no more than 7 members.  You will perform the simulations in the presence of your Firm members who are also scheduled that day (not more than 3 others.)  For each simulation you are required to prepare an outline of your plan for it.  A copy must be given to your Firm Professor prior to beginning the simulation so that your professor is aware of what you intended to cover.  No particular format is required and the plan will not be separately graded.    After your performance, your Firm Professor provide feedback and will lead the group in discussion about the skills involved and improvements possible. In this way, you learn from each other and your Professor.

You are permitted and encouraged to collaborate in preparing for the simulations, but you must perform the assignment in class on your own.  Each of you will be evaluated on your performance in each simulation.  The evaluation criteria will be based on the points emphasized in class and the reading materials for that simulation.  Each simulation will receive up to 20 raw points. You may contact your Firm professor to discuss the score you received.

OverallThe grade for FPS is a compilation of student performances within the Firms, written work, and in-class performance. Upon successful completion of the course, you will be awarded 2 academic credits. The grade is curved according to the mandatory law school curve. (See Student Handbook.) While certain assignments or activities are not graded, all assignments must be completed in order to obtain a passing grade for the course.

Course Texts and Materials for FPS

1.         James L. Adams, Conceptual Blockbusting (4th ed., Basic Books 2001)

2.         Stefan H. Krieger and Richard K. Neumann, Jr., Essential Lawyering Skills:  Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis, (2nd ed., Aspen Publishers 2003) ("Krieger and Neumann") - book from CORE 1, 2, and 3

3.         Supplemental materials provided by your Professor:

-           Paul Brest and Linda Hamilton Krieger material

-           David Chavkin material

-           Excerpts from the Clinical Anthology

-           Victor article

-           Slovic article

-           Substantive legal materials

-           Simulation materials

-           Other handouts

Generally, all assignments are listed under the class to which they apply or when they are due.  Additional assignments may be added to the schedule as class progresses and additional handouts may be distributed.  A three-ring binder may be useful for the course materials.

Goal
This course is designed to prepare you for the deliberative decision making processes that lawyers engage in to solve complex legal problems, whether in litigation, dealmaking, government, business, or public interest context.  These skills are important because they apply the entire range of careers lawyers pursue.  The course adds to your law school training because it will deepen your judgment and practical wisdom and will help you develop your capacity for creative problem solving.

How to Contact your Professors

Kathy Hessler
Phone and voice mail: (216) 368-2769
E-mail: kathy.hessler@case.edu
Office: Milton A. Kramer Law Clinic Center

Kevin Young (Firms B1, B3, B5)
Phone and voice mail: cell (216)225-3889
E-mail: Kevin.Young@tuckerellis.com
Office: 216-696-4691

Erika Friedman (Firms B2, B4, B6)
Phone and voice mail: 216-991-1626
E-mail: egfriedman@hotmail.com
Office Location:

Availability: Professor Hessler has a weekly appointment sign up sheet on her office door in the Clinic.  If you wish to make an appointment, sign up for an available time.  Your Firm Professors are practicing lawyers and do not have regular office hours at the Law School.  You can reach them at the phone numbers or email addresses listed above and arrange any meeting that may be mutually convenient.

CLASS and ASSIGNMENT SCHEDULE

Week 1:                                                                                          August 29-September 2

Monday class: Introduction to Legal Problem Solving - Intro Class
Syllabus; expectations; Intro to problem solving & simulation.  Come to class prepared to discuss the processes used in your own problem solving, including how you framed the problem and generated and evaluated alternatives.  Think about the resources you relied on.

Reading Assignment:

-           Brest & Krieger, Chapter O – Introduction and Chapter 1 – The Lawyer as Problem Solver and Decisionmaker
-           Adams, Chapter 1 - Introduction
-           Review Krieger & Neumann, Chapter 4 - Lawyering as Problem-Solving

Wed Firm: (Makeup for Labor Day)
Prep for Simulation #1, review evaluation criteria – be prepared to discuss your plan for the interview of your client; role play parts of the interview; discuss relevance of substantive law.

Thurs Firm: (Makeup for Labor Day)
Prep for Simulation #1, review evaluation criteria – be prepared to discuss your plan for the interview of your client; role play parts of the interview; discuss relevance of substantive law.

Reading Assignment for Sim Prep Class:

-         Review Krieger & Neumann, Chapter 8 as needed
-         Basic client summary, facts, and documents
-         Breach of Warranty information

Week 2:                                                                                   September 5 – September 9

Monday class: Labor Day – no class

Readings: No readings

Wed Firm: 1/2 Firm B1 interviews Client
Thurs Firm: 1/2 Firm B2 interviews Client

Week 3:                                                                               September 12 – September 16

Monday class: Defining the Problem & Identifying Relevant Interests, Perceptual Blocks – How does the client define the problem? How do we? Identify framing issues, or perceptual blocks. How do these relate to the client’s interests? (De-brief interview)

Reading Assignment:
-           Brest & Krieger, Chapter 2 - Framing Problems, Identifying Objectives, and Identifying Problem Causes
-           Adams, Chapter 2 - Perceptual Blocks

Wed Firm: 1/2 Firm B1 interviews Client
Thurs Firm: 1/2 Firm B2 interviews Client

Assignment: Self Evaluation due - last week’s interviews (Friday 9/16 9:30 am)

Week 4:                                                                               September 19 – September 23

Monday class: Problem, Interests, Blocks, and Cultural Competence – How do we define relevant interests?  How does that affect the definition of the problem?  How do blocks affect the situation?

Reading Assignment:
-           Adams, Chapter 3 - Emotional Blocks
-           Adams, Chapter 4 - Cultural and Environmental Blocks
-           Adams, Chapter 5 – Intellectual and Expressive Blocks

Wed Firm: 1/2 Firm B3 interviews Client after Petition
Thurs Firm: 1/2 Firm B4 interviews Client after Petition

Assignment: Self Evaluation due - last week’s interviews (Friday 9/23 9:30 am)

Week 5:                                                                               September 26 – September 30

Monday class: Overcoming Blocks, Generating Solutions, Brainstorming – How do we overcome our blocks and help our clients overcome theirs?  How do we develop good options for solution?  (De-brief interview)

Reading Assignment:
-           Brest & Krieger, Chapter 3 - Generating and Evaluating Alternative Solutions
-           Adams, Chapter 6 - Alternate Thinking Languages
-           Adams, Chapter 7 - Kinds of Blockbusters

Wed Firm: 1/2 Firm B3 interviews Client after Petition
Thurs Firm: 1/2 Firm B4 interviews Client after Petition

Assignment: Self Evaluation due - last week’s interviews (Friday 9/30 9:30 am); Disorienting Memo

Week 6:                                                                                            October 3 – October 7

Monday class: Case Theory, Relevant Law, and Ethics – What is Case theory and what are its elements?  Begin thinking about counseling – how do we talk with the client about making a decision?  (De-brief interview)

Reading Assignment:
-           Chavkin reading
-           Krieger & Neumann, Chapter 13 – The Story Model of Organizing Facts
-           Clinical Anthology reading

Wed Firm: 1/2 Firm B5 interviews Client after Affidavit
Thurs Firm:
1/2 Firm B6 interviews Client after Affidavit

Assignment: Self Evaluation due - last week’s interviews (Fri. 10/7 9:30 am)

Week 7:                                                                                        October 10 – October 14

Monday class: Evaluating Solutions & Options with Relevant Law and Counseling – What legal and non-legal options exist for our client?  What combinations make sense in light of identified interests?  How do we evaluate?

Reading Assignment:
-           Brest & Krieger, Chapter 10 - Choices, Consequences, and Tradeoffs, An Overview of Decisionmaking Strategies
-           ADR reading

Wed Firm: 1/2 Firm B5 interviews Client after Affidavit
Thurs Firm: 1/2 Firm B6 interviews Client after Affidavit

Assignment: Self Evaluation due - last week’s interviews (Fri. 10/14 9:30 am)

Week 8:                                                                                        October 17 – October 21

Monday class: Counseling – How do we counsel our client taking into account their blocks, interests and perspectives?

Reading Assignment:
-           Krieger & Neumann, Lawyering as Problem-Solving, Chapters 18, 20, 21, & 22
-           Victor, Evaluating Legal Risks and Costs With Decision Tree Analysis

Wed Firm: 1/2 Firm B3 counsels Client
Thurs Firm: 1/2 Firm B4 counsels Client

Assignment: Self Evaluation due - last week’s interviews (Fri. 10/21 9:30 am)

Week 9:                                                                                        October 24 – October 28

Monday class: FALL BREAK – no class

Reading Assignment:

Wed Firm: 1/2 Firm B3 counsels Client
Thurs Firm: 1/2 Firm B4 counsels Client

Assignment: Case Theory Memos Due – Friday, October 28, 9:30 am

Week 10:                                                                                    October 31 - November 4

Monday class: Implementing Decisions and Analyzing Risk – What are the consequences of implementation? What are the issues to consider for successful implementation?  (De-Brief Counseling session)

Reading Assignment:
-           Slovic, Risk as Analysis and Risk as Feeling
-           Brest & Krieger, Chapter TBA - Decision Making in Conditions of Uncertainty

Wed Firm: 1/2 Firm B5 counsels Client re: litigation
Thurs Firm: 1/2 Firm B6 counsels Client re: litigation

Week 11:                                                                                   November 7 – November 11

Monday class: ADR – Negotiation, Arbitration, Mediation – the differences in strategies and approaches and the need to counsel your client about options.

Reading Assignment:
-           Krieger and Neumann, Chapters 23 – 28 as needed
-           Refer to ADR reading from earlier in the semester

Wed Firm: 1/2 Firm B5 counsels Client re: litigation
Thurs Firm: 1/2 Firm B6 counsels Client re: litigation

Week 12:                                                                              November 14 – November 18

Monday Class: Mediation Simulation – Perform in class mediation simulation. Address questions regarding Final Memo.

Reading Assignment:
-          Role Play information
-          Handout Final Memo Assignment before class?

Wed Firm: 1/2 Firm B1 counsels Client re: Mediation
Thurs Firm: 1/2 Firm B2 counsels Client re: Mediation

Friday Firms: 1/2 Firm B1 counsels Client re: Mediation – make up
                       1/2 Firm B2 counsels Client re: Mediation – make up

Week 13:                                                                              November 21 – November 25

Monday class: Responding to Changes in the Plan, Strategic Thinking, and Legal Procedure/Process – How do you develop a plan of action that isn’t merely thinking one or two steps ahead?  How do you use legal procedure to the client’s advantage?  Follow up from Mediation simulation.  (De-Brief Counseling session)

Reading Assignment:
-         no reading

Wed Firm: THANKSGIVING BREAK - no firm meeting
Thurs Firm: THANKSGIVING BREAK - no firm meeting

Week 14:                                                                                November 28 – December 2

Monday class: Final Class/Wrap-up – Law Reform and Personal Lawyering Strategies - How do you choose how to lawyer consistent with your own personality and values and represent clients well?  When is law reform an appropriate strategy and how do you think about it?

Reading Assignment:
-          no reading

Assignment: Final Memo due - Friday December 2, 9:30 am


Copyright 2005 Kathy Hessler. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.