Module Information

 

 

The aim of the module is to enable students to understand, develop and apply the practical legal skills and strategies for interviewing and negotiation in a legal context in hypothetical scenarios.

 

Good interviewing and negotiation skills in a legal context involve awareness of several factors.  These include ethical issues, such as confidentiality and client care.  Interviews should be professional and courteous, structured, with appropriate language, different types of questions and the ability to deal with difficult issues and / or clients.  The role of the interviewer and the relationship of solicitor/client needs to be understood.  Giving advice involves appropriate language and sensitivity, consideration of alternatives, client choice and delivering bad news.  Negotiation skills include an appreciation of different styles and strategies, preparation and formulation of negotiation plans, acting for the client and post negotiation steps.  In the practical context, the legal adviser needs also to be aware of the client’s interests which may involve wider, non-legal issues.  The legal context requires students to build on existing legal skills, such as research, problem solving and application of the law.

 

 

Teaching Methods

 

The teaching methods for this module comprise initial lectures then weekly workshops you must attend. There are two 2 hour sessions and you need to attend all of these. (The lectures will be delivered within the workshop sessions).

 

The purpose of lectures is to introduce the module and some of the key concepts.  You may be asked to contribute to discussion during the lectures.  Workshops provide students with the opportunity to discuss and practise the skills.  It is essential that you attend and fully participate. There will be some further study and reading or research but the workshops are key to successful completion of the assessments and the module.

 

Guidance on reading and relevant websites will be provided.

 

Students will be required to participate actively in workshops.  The module will be taught primarily by means of workshops.  Workshops may comprise discussion questions, videos and practice exercises.   In addition, guided study will include directed reading and preparation for the workshops.  Students will be required to be videoed for practice and assessment purposes.

 

Interviewing and Negotiation will be taught and assessed in the first half of Semester 2.

 

 

 

Assessment

 

 

There are two elements of assessment:

 

1. Oral interview of a mock client;
2. A 2,000 word written coursework based on a negotiation scenario;

 

The oral interviews will take place in weeks 7 (week commencing the 29th February) and 8 (week commencing the 7^th March) of the second semester.

Guidance on and preparation for the interview assessment will be given throughout the workshops. It is essential, therefore, that you attend and participate in the classes.

 

Coursework 2 deadline: 23.55 on Tuesday, 22nd March, 2016

 

The coursework will be distributed midway through the second semester.

Guidance on the negotiation assessment will be given throughout the workshops in the latter part of the semester.  It is essential, therefore, that you attend and participate in the classes.

 

 

Each element of the assessment is worth 50% of the module.

 

You must achieve a minimum of 40% in each element and 40% overall to pass the module.

 

In the event of not passing the module, you MUST have attempted both elements of assessment in order to be permitted a resit (unless you have been granted a deferral before the assessment is due).

 

 

 

Recommended Reading and Book Purchase

 

There are a number of books which will provide useful information on interviewing and negotiation skills, some are general business books, and some are specifically aimed at the skills in the legal context.

 

Module Book supplied

The core text for the module and the key reading source for the workshops:

 

Boyle, B. Capps, D. Plowden, P. & Sandford, C. (2005), A Practical Guide to Lawyering Skills, 3rd edition, Routledge-Cavendish. 340.07 PRA

 

 

Supplementary Reading

 

There are a number of good alternative textbooks available:

 

Maughan, C. & Webb, J. (2005) Lawyering Skills and the Legal Process, 2^nd edition, Cambridge University Press. 340.07 MAU

Chapman, J. (2000) Interviewing and Counselling, 2^nd edition, Cavendish. 347.0504 CHA

Finch, E & Fafinski, S (2015) Legal Skills, Oxford 340.07 FIN

Fisher, R. (1992) Getting to Yes: negotiating an agreement without giving in, Arrow. 158.5 FIS

Taylor, M (edr), (2009) Negotiation, City Law School, OUP 347.4209 TAY

Tribe, D. (1994) Negotiation, Cavendish. 347.4209 TRI

Twist, H. (1999) Effective Interviewing, Blackstone. 340.023 TWI

Ury, W. (2003) Getting Past No: Negotiating with Difficult People, Business Books. 658.4 URY

Webb, Maughan et al (2011) Lawyers’ Skills 2011-12 OUP 347.4205 WEB

 

Websites

http://www.sra.org.uk/home/home.page

http://www.clientinterviewing.com/

http://cw.routledge.com/textbooks/slapperandkelly/negotiation.asp#yes

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