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