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242.3 sec. 1 - Lawyering as Problem Solving (Spring 2014)

Instructor: Kristen L. Holmquist  (view instructor's teaching evaluations | profile)
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Units: 2
Meeting Time: W 3:35-5:25
Meeting Location: 136

Course Start: January 08, 2014


In this course students will confront client problems--framed from the clients and attorneys points of view--more like practicing lawyers do. The course poses questions like: What sort of problems do lawyers solve? How do they solve them? What intellectual constructs do they bring to bear? What practical judgments? Answers to these questions help students combine their knowledge of the law with practical judgment to work with clients toward attaining their goals within the bounds of the law.
During this course students will:
Discuss the ways in which conceptions of professional role identity and styles of lawyering affect role performance and legal practice;
Employ reasoned strategies for analyzing, prioritizing, and solving legal and legally related problems in context (including treating the California Bar Exam's Performance Tests as a problem to be solved);
Identify biases, influences, and feelings that affect one's thinking and that of others when planning, counseling, negotiating or advocating;
Draft memos and other legal documents of the kind prepared by practicing lawyers and demanded on the performance test portion of the bar exam.
These writing exercises will help prepare students for the bar exam.
The course will be taught through case studies (a number of which will be California Bar Performance Test problems), simulations, and readings drawn from psychology, decision making theory, and lawyering theory.

Enrollment in the course is by application. In order to get an application, please email Kate Schultz at cschultz@law.berkeley.edu. Applications are due on November 12th, and decisions will be emailed to students on November 15th.

This course satisfies the Skills Requirement.

Exam Notes: P+
Course Category: Advocacy Skills Courses
This course is cross-listed in the following categories:
Bar Courses

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Readers:
A reader will be used in this class.

Books:
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