Law Schedule of Classes

NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

245 sec. 003 - Negotiations (Fall 2020)

Instructor: Esther Kim  (view instructor's teaching evaluations - degree students only)
Instructor: Jonathan Lee  (view instructor's teaching evaluations - degree students only | profile)
View all teaching evaluations for this course - degree students only

Units: 3
Grading Designation: Graded

Due to COVID-19, this class is remote for Fall 2020.
Mode of Instruction: Remote Instruction


W 6:25 PM - 9:05 PM
Location: Internet/Online
From August 19, 2020
To November 24, 2020

Sa 09:00 AM - 4:00 PM
Location: Internet/Online
On 2020-11-14

Course Start: August 19, 2020
Course End: November 24, 2020
Class Number: 32245

Enrollment info:
Enrolled: 17
Waitlisted: 0
Enroll Limit: 18
As of: 12/07 09:41 AM

This course combines theory, skills and law. You will have the opportunity to negotiate, mediate, represent clients, be clients and observe role-plays. Please let yourself get into the roles, prepare where appropriate and take them seriously. Role-plays provide an opportunity to experience the process, experiment and receive feedback. The reading on negotiation theory and research will inform weekly negotiation exercises. The intensive nature of this class provides students with an opportunity to evaluate their own skills, to experiment with new skills and techniques, and to work closely with one another. Full engagement will require preparation each week as well as in-class participation. There will be a mandatory Saturday class on November 14th 9AM-4PM.

Use of office hours, email, and scheduled phone calls are encouraged to allow ample time for individual feedback and coaching. At mid-term, the professors will meet privately with each student to discuss strengths, obstacles, and goals for the remainder of the course. Office hours are the hour before class begins. Please sign up by emailing the professors directly to schedule time during office hours. To schedule another time to meet with the professors, please use email.

Learning outcomes
Students in the course will be expected to achieve the following Berkeley Law Learning Outcomes:
(a) Knowledge and understanding of substantive and procedural law relating to negotiation;
(b) Legal analysis and reasoning, problem-solving, and written and oral communication in the legal context;
(c) Exercise of proper professional and ethical responsibilities to clients and the legal system; and
(d) Using the law to solve real-world problems.

In addition, students in the course will be expected to achieve the following course-specific outcomes:
* Understand the ritual and stages of legal negotiation
* Develop a systematic approach to preparing for a negotiation
* Strengthen communication skills (listening, observing cues, expressing interests)
* Develop a habit of questioning perceptions and relating with curiosity
* Develop self-confidence, presence, and the ability to respond in the moment
* Understand and recognize different negotiation styles and their strengths
* Develop greater comfort with both adversarial and collaborative bargaining
* Understand the role of relationship-building in negotiation
* Develop understanding of diverse backgrounds in negotiation dynamics
* Understand the ethical responsibilities of a lawyer in negotiations
* Obtain a basic understanding of how to negotiate in mediation

Due to the nature of this class, real-time attendance is required (without an alternative way to earn equivalent credit) except in cases of illness or emergency.

Biography of Instructors

Esther Kim is an estate planning attorney with Turner, Huguet, Adams & Farr, a small firm in Martinez, where she represents clients in estate planning, trust administration and probate matters. She is an active member of the Estate Planning and Probate Section of the Contra Costa County Bar Association as a Board Member and a past Board Member of the Diablo Valley Estate Planning Council. She formerly worked as a civil litigator at Cooley and as a staff attorney for the Santa Clara County Bar Association, where she helped to develop and implement an early court-administered ADR program. Prof. Kim is also a trained mediator having received her training from Pepperdine University as well as community based mediation with Community Boards, a nonprofit dispute resolution provider, in San Francisco. She earned her undergraduate degree from Penn State and her law degree from Georgetown and has an LL.M in Tax from Golden Gate University.

Jonathan U. Lee is an Assistant United States Attorney prosecuting firearms, drugs, and other violent crimes, as well as cases involving internet-based crimes against children, labor trafficking, fraud, and embezzlement. He formerly practiced civil litigation for a private firm in San Francisco, for the San Francisco City Attorney's Office and as an Assistant U.S. Attorney. He serves as a court appointed mediator for federal and state courts. Prof. Lee also serves as adjunct faculty teaching advanced trial advocacy at UC-Hastings and has in the past taught trial advocacy for UC-Berkeley and John F. Kennedy University law schools, and for the Department of Justice's National Advocacy Center in Columbia, South Carolina. He earned his undergraduate degree from Washington University and his law degree from Georgetown.

Real-time attendance at the first Zoom class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.

Requirements Satisfaction:

Units from this class count towards the J.D. Experiential Requirement.

Exam Notes: (T) Course ends in a final practice trial, arguments, or other presentation (e.g. Powerpoint)
Course Category: Simulation Courses

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Required Books are in blue

  • Lawyer Negotiation: Theory, Practice, and Law
    Jay Folberg, Dwight Golann
    Edition: 3d ed
    Publisher: Wolters Kluwer Law & Business
    ISBN: 9781454876014
    e-Book Available: Yes
    e-Book procurement note:
    Copyright Date: To Be Determined
    Price: $173.00
    Price Source: user provided

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