LEGAL PROFESSION: HEROES & VILLAINS

EXERCISE ONE (Simon Case): Part One (January 16, 2002)

WRITING ASSIGNMENT: PART ONE
(20% of Course Grade)
ONLY STUDENTS IN GROUP A DO THIS ASSIGNMENT


Format: Double-spaced, 12 point, one inch margins on all sides. 5-7 pages. Please submit as an email attachment in WordPerfect, Microsoft Word, or Rich Text Format. Papers receiving a grade of B+ or better may be posted on the course web site; your name and the actual grade will not be posted. Place your name at the top of the first page, only, and do not place your name in a header or footer. Please title your text file: Ex1-1[initials]. (For example, if I submitted a paper in Word Perfect, the text file would be named Ex1-1CC.wpd.)

Due: Before commencement of class on January 28. The paper grade will be reduced by the equivalent of a full letter grade (e.g. A to B, D to F) if submitted late without good cause.

Subject: Analyze the first interview conducted in your own subgroup, citing to specific time marks on the videotape. Include in your analysis:

(1) whether the explanation of confidentiality given to the client (a) accurately described what the Model Rules require, prohibit and permit, (b) was comprehensible to the client, and (c) effectively encouraged the client to trust the lawyer; and

(2) how the lawyer did or did not conduct the interview so as to learn the client's "story."

Your analysis can include comparisons with the interview conducted by the other subgroup and can propose alternative ways, viewing the interview with the wisdom of hindsight, that the lawyer could have explained confidentiality and learned the client's story. If you played the client, you can refer to how you felt. If you observed, you can refer to how the client reported feeling or how you imagine you would have felt, but do NOT in this writing assignment disclose the confidential information given in the client instructions.

U:\CUNNINGC\Jan\Legal Prof\Spring02\Ex1-WA1