Muutke küpsiste eelistusi

Client Interviewing, Counseling, and Decision-Making: A Practical Approach [Muu formaat]

  • Formaat: Other book format
  • Ilmumisaeg: 01-Dec-2021
  • Kirjastus: Carolina Academic Press LLC
  • ISBN-10: 1531017916
  • ISBN-13: 9781531017910
Teised raamatud teemal:
  • Muu formaat
  • Hind: 88,48 €*
  • * saadame teile pakkumise kasutatud raamatule, mille hind võib erineda kodulehel olevast hinnast
  • See raamat on trükist otsas, kuid me saadame teile pakkumise kasutatud raamatule.
  • Kogus:
  • Lisa ostukorvi
  • Tasuta tarne
  • Lisa soovinimekirja
  • Formaat: Other book format
  • Ilmumisaeg: 01-Dec-2021
  • Kirjastus: Carolina Academic Press LLC
  • ISBN-10: 1531017916
  • ISBN-13: 9781531017910
Teised raamatud teemal:
"This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Other features of this book that are worthy of mention: The book is deliberately designed to be short-to "get to the point," without unnecessary palaver. The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant. The new edition of the book adds sections addressing counseling about mediation, counseling about transactional matters, and the role of emotional intelligence"--

This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and instead teach those skills in simulated real-life contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Other features of this book that are worthy of mention: The book is deliberately designed to be short-to get to the point, without unnecessary palaver. The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant. The new edition of the book adds sections addressing counseling about mediation, counseling about transactional matters, and the role of emotional intelligence. There is a set of 100 PowerPoint slides available upon adoption. Click here to view a sample presentation. If you are a professor using this book for a class, please contact Rachael Meier at remeier@cap-press. com to request your slides.

Preface xiii
Acknowledgments xv
Chapter One Learning Client Interviewing, Counseling, and Decision-Making
3(4)
Synopsis
3(1)
§1.01 The Importance of Client Interviewing, Counseling, and Decision-Making
3(1)
§1.02 "Learning by Doing" and the Role of This Book
4(3)
Chapter Two Overview of the Counseling Process and Decision-Making Models
7(20)
Synopsis
7(1)
§2.01 What Is "Counseling"?
7(1)
§2.02 An Overview of the Counseling Process
8(2)
§2.03 Decision-Making Models
10(7)
[ 1] The Lawyer-Centered Model
11(1)
[ 2] The Client-Centered Model
12(3)
[ 3] The Collaborative Model
15(1)
[ 4] Using Different Decision-Making Models
16(1)
§2.04 Counseling to Prevent Harm to the Client and Others
17(3)
§2.05 A Caring Perspective on Counseling
20(1)
§2.06 Patience in Counseling
21(1)
§2.07 The Role of Emotional Intelligence
21(2)
§2.08 The Role of Values
23(4)
Chapter Three The Initial Client Meeting
27(16)
Synopsis
27(1)
§3.01 Objectives of the Initial Client Meeting
27(2)
§3.02 Handling the Initial Phone Call from the Client
29(2)
§3.03 Beginning the Meeting and Developing Rapport
31(1)
§3.04 Interviewing the Client to Get a Basic Factual Picture of the Client's Situation
32(1)
§3.05 Explaining the Duty of Confidentiality, If Appropriate
33(1)
§3.06 Obtaining a Sense of the Client's Objectives
34(1)
§3.07 Determining the Existence of a Conflict of Interest
35(1)
§3.08 Deciding Whether to Represent the Client and Establishing the Nature and Scope of the Representation
35(2)
§3.09 Giving Preliminary Advice
37(1)
§3.10 Establishing an Initial Course of Action
38(1)
§3.11 Establishing Attorney's Fees
38(1)
§3.12 Making Arrangements for Follow-Up Conferences
39(1)
§3.13 Documenting the Initial Client Meeting
40(3)
Chapter Four Interviewing the Client
43(44)
Synopsis
43(1)
§4.01 Introduction
44(1)
§4.02 Facilitators of Communication
44(5)
[ 1] Conveying Empathetic Understanding
45(1)
[ 2] Engaging in Active Listening
45(2)
[ 3] Encouraging Communication through Conveying Expectations and Recognition
47(1)
[ 4] Keeping an Open Mind about What Is Relevant
48(1)
§4.03 Inhibitors of Communication
49(3)
[ 1] Fears of Embarrassment or Hurting the Case
49(1)
[ 2] Anxiety, Tension, or Trauma
50(1)
[ 3] Etiquette Barriers and Prejudices
50(1)
[ 4] Differing Conceptions about Relevant Information
51(1)
§4.04 Purposes of Interviewing
52(1)
§4.05 Types of Questions
52(9)
[ 1] Open Questions
53(4)
[ 2] Follow-Up Questions
57(1)
[ 3] Closed Questions
58(1)
[ 4] Leading Questions
58(2)
[ 5] Summary Questions
60(1)
§4.06 Information-Gathering Techniques
61(8)
[ 1] The Funnel Technique
62(2)
[ 2] The Time Line
64(1)
[ 3] The Strategic Use of Silence
65(1)
[ 4] Failed Memory Probes
66(2)
[ 5] Using Writings or Demonstrations to Recreate Events
68(1)
§4.07 Exploring the Client's Objectives
69(1)
§4.08 Exploring Legal Theories
70(1)
§4.09 Taking Notes During the Interview
71(1)
§4.10 Illustration of Initial Client Meeting and Interview
72(15)
Chapter Five Decision-Making and Implementing the Decision
87(28)
Synopsis
87(1)
§5.01 Introduction
87(1)
§5.02 The Process of Legal Decision-Making
88(1)
§5.03 Summarizing Your Client's Factual and Legal Situation
89(1)
§5.04 Refining and Clarifying Your Client's Objectives
90(1)
§5.05 Identifying Potential Options for Achieving Your Client's Objectives
90(1)
§5.06 Discussing the Pros and Cons and Likely Outcomes of Each Option
91(5)
[ 1] Discussing Non-Legal Pros and Cons
93(1)
[ 2] Discussing Legal Pros and Cons
94(2)
§5.07 Helping Your Client Decide Which Option to Choose
96(2)
§5.08 Implementing Your Client's Decision
98(1)
§5.09 Crisis Counseling
99(1)
§5.10 Illustration of Decision-Making Conference
100(15)
Chapter Six Ethical Considerations in Counseling
115(62)
Synopsis
115(1)
§6.01 Introduction
115(2)
§6.02 Establishing the Attorney-Client Relationship
117(2)
§6.03 Establishing the Scope of the Representation
119(6)
§6.04 The Duties of Competence, Diligence, and Communication
125(6)
[ 1] Competence
125(2)
[ 2] Diligence
127(1)
[ 3] Communication
128(3)
§6.05 Advising the Client
131(3)
§6.06 Representing a Client Who Is under a Disability
134(6)
§6.07 Preserving Confidentiality of Information
140(4)
§6.08 Serving as an Intermediary between Clients
144(4)
§6.09 Conflicts of Interest
148(7)
§6.10 Setting Attorney's Fees
155(4)
§6.11 Declining or Withdrawing from Representation
159(5)
§6.12 Dealing with Persons Other Than Your Own Client
164(4)
§6.13 Attorney's Authority to Settle and Advising the Client
168(2)
§6.14 Contingent Fees
170(4)
§6.15 Example of Contingent Fee Contract
174(3)
Chapter Seven Interviewing Witnesses
177(12)
Synopsis
177(1)
§7.01 Introduction
177(1)
§7.02 Who Should Interview the Witness
178(1)
§7.03 Preparing for the Interview
179(2)
§7.04 Arranging the Interview and Developing Rapport
181(2)
§7.05 Interviewing the Neutral or Adverse Witness
183(3)
§7.06 Preserving the Witness's Testimony
186(3)
Chapter Eight Counseling and Decision-Making in Special Contexts
189(72)
Synopsis
189(1)
§8.01 Introduction
190(1)
§8.02 Counseling about Wise Objectives and Non-Litigation Options
191(7)
[ 1] General Tests for Identifying Wise Objectives
192(1)
[ 2] General Tests for Choosing Best Options
193(5)
§8.03 Counseling about Settlement
198(18)
[ 1] Discuss the Most Appropriate Strategy for the Negotiation: "Adversarial" or "Problem-Solving"
199(1)
[ a] The Adversarial Model
199(2)
[ b] The Problem-Solving Model
201(1)
[ c] Choosing the Most Appropriate Model
202(3)
[ 2] Discuss Your Client's "Interests" and "Objectives"
205(1)
[ 3] Discuss All Potential Solutions
206(1)
[ 4] Discuss What Information to Obtain from the Other Side, What Information to Reveal to It, and What Information to Protect From Disclosure
207(1)
[ 5] Discuss Your Client's Factual and Legal Leverage Points (Strong and Weak)
207(1)
[ 6] Discuss Your Client's Potential "Target" and "Resistance Points"
208(4)
[ 7] Discuss the Extent of Your Client's Aversion to Risk
212(1)
[ 8] Discuss Potential Offers or Proposals
213(2)
[ 9] Discuss the Process for Negotiations and Special Tactics
215(1)
[ 10] Discuss Your Client's Role in the Negotiation
215(1)
§8.04 Counseling about Mediation
216(12)
[ 1] The Mediation Process, in General
217(3)
[ 2] What Cases to Mediate and When to Mediate
220(1)
[ a] Favorable Situations for Mediation
221(1)
[ b] Unfavorable Situations for Mediation
221(1)
[ 3] Choosing a Mediator
222(1)
[ 4] Preparing for Mediation
223(1)
[ a] Who Should Attend the Mediation
224(1)
[ b] Preparing the Client for Mediation
225(3)
§8.05 Counseling through Opinion Letters
228(10)
[ 1] The Function, Format and Contents of an Opinion Letter
228(3)
[ 2] Illustration of an Opinion Letter
231(7)
§8.06 Counseling about Transactional Matters
238(2)
[ 1] Formalize a Transaction That Is Consistent with the Client's Objectives and Aversion to Risk
238(1)
[ 2] Explore All Circumstances of Your Client's Transactional Situation
239(1)
[ 3] Tailor Your Transactional Document to Your Client, Not Merely to a Form Book
239(1)
§8.07 Counseling the Client as a Deponent
240(10)
[ 1] Discuss the Overall Process of the Deposition
240(2)
[ 2] Review the Substance of Your Client's Testimony
242(1)
[ 3] Discuss and Practice How to Answer Questions
243(1)
1 Answering fairly, accurately, and briefly
244(3)
2 Answering, "I don't understand the question"
247(1)
3 Answering "I don't know" or "I don't remember."
247(1)
4 Answering when an objection is made
248(1)
5 Answering "leading" questions calmly
248(2)
§8.08 Counseling the Criminal Defendant
250(11)
[ 1] Establishing a Close Relationship of Trust and Confidence, and the Decision-Making Role of You and Your Client
251(2)
[ 2] Advising about Plea Bargaining, Guilty Pleas, and Sentencing
253(6)
[ 3] Advising about Appeals and Further Post-Conviction Remedies
259(2)
Index 261