Counseling and negotiation are foundational skills for all lawyers. Considering that every legal matter brings an opportunity to negotiate a resolution, approximately 90% of legal disputes are resolved prior to trial. The counseling aspect of this course will explore what it means and how to be client-centered practitioners. Client-centered attorneys seek to understand the clients’ situation from a variety of relevant angles beyond the legal case itself: mental/physical ability, economic, health/welfare, family, reputation, values, long- and short-term goals. The list of relevant factors is endless when we look at a client’s challenges and opportunities, holistically. It is through client-centered counseling that an attorney can effectively represent a client’s interests and needs in negotiation.

The negotiations aspect of this course will explore tactics, methods, and negotiations theory via practice and role play exercises. The exercises will include the basics of interviewing, counseling, negotiations, and drafting settlement agreements. Class engagement, self-reflections, and group projects are graded; there is no final exam.

Students who have already taken Negotiation or Lawyering III: Counseling & Negotiation should not enroll in this course.