CDR Workshop 1 - 2019-2020 - Document 0 - Student Instructions PDF

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NORTHUMBRIA LAW SCHOOL M LAW (EXEMPTING) LLB (HONS) LAW 2019/2020 LW5002 CIVIL DISPUTE RESOLUTION

WORKSHOP 1 and HUB SESSION 1 A NEW CLIENT STUDENT INSTRUCTIONS Subject Areas

This Workshop will cover: 

What is a civil dispute?



Interviewing clients

Skill(s)

This Workshop will develop the following skill(s): 

Interviewing



Case analysis

Aims

This Workshop aims to: 

Introduce you to the skill of interviewing clients



Introduce drafting requirements for proofs of evidence and their purpose

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Outcomes

In this Workshop, you will: 

Start to develop an understanding of the dispute resolution process



Appreciate why accurate information from a new client is important



Appreciate what information is needed from a client at a first interview



Begin to develop interviewing skills

Preparation

Read (or view) the ‘Essential Reading’ in the section below. If you have time or wish to do so, read (or view) the items listed as ‘Additional reading’.

Your reading will prepare you for the tasks to be carried out in the Workshop There are 2 tasks in this Workshop: 

Task 1: Clients and disputes – To be carried out in the Workshop - A discussion about interviewing



Task 2: Interviewing a new client in a commercial dispute – in the Workshop, in pairs, you will prepare a plan and then take part in an exercise to interview a new client

It should take you approximately 2 [Two] hours to prepare for this Workshop. Essential Reading

1.

Lecture materials: Your lecture notes and the slides for: 

2.

3.

Lecture 1

Textbook: The following sections of the ‘Civil Litigation’ textbook: 

Chapter 1 ‘Introduction’;



Chapter 2 ‘A Modern Litigation Approach’; and



Chapter 6 ‘The First Client Meeting and Initial Considerations’

Civil Procedure Rules, Practice Directions and Protocols: 

Civil Procedure Rules (‘CPR’) Part 1



The Practice Direction - Pre-Action Conduct and Protocols

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4.

Case study materials: The following documents in the Tower Events Solutions Limited case study.

Memo from supervisor to trainee [to obtain

25 September 2019

instructions from the client] File note from supervisor [background to the

22 September 2019

dispute] Extract from Events Product Distribution

14 June 2019

Agreement between Tower and Red Fish Letter from Red Fish to Martin Jackson at Tower

12 September 2019

[termination of the agreement]

Additional reading

Chapter 8, ‘Interviewing / Conference Skills’ in Fiona Boyle, ‘A Practical Guide to Lawyering Skills’ (3rd Edition, Cavendish Publishing).

Materials for the Workshop

Bring the following with you to the Workshop: 

The Textbook



Relevant lecture materials



Relevant case study materials



Any notes you have made

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Schedule of Activities

TIME

ACTIVITY

GROUP

00.00 - 00.05

INTRODUCTION AND REGISTRATION Registration and Introduction to Workshop

Tutor

TASK 1: UNDERSTANDING CLIENTS AND DISPUTES 00.05 - 00.15

What makes a good interview? Group discussion

Small groups

TASK 2: INTERVIEWING A NEW CLIENT IN A COMMERCIAL DISPUTE 00.15 - 00:50

Discussing and drafting an interview plan ready to interview the client in a commercial dispute- you will be allocated a specific section of the interview

Pairs

BREAK 01:00 - 01.40

Interviewing and advising the client; Pairs of students will take turns to interview the client

01.40 - 01.45

Discussion of the case

01.45 - 01.50

FEEDBACK, SUMMARY AND WRAP-UP Feedback on activities in the Workshop Discussion of tasks needed for the next Workshop

Pairs

Tutor, with whole group Tutor, with whole group

Rationale

Interviewing is a valuable skill. This workshop will help you to understand what information is relevant to understanding a dispute and how to find out that information from a client. Feedback opportunities

This Workshop will provide feedback in the following way(s): 

Feedback from your tutor, given verbally in the Workshop LW 5002 CIVIL DISPUTE RESOLUTION – WORKSHOP 1

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

Feedback from other students, in your discussions about the preparation and the tasks

You should make a note of any feedback given, which will be helpful as part of your learning and revision.

TASK 1: What makes a good interview? How to develop rapport and what questions do you need to ask? We will watch a short video of an interview then discuss what makes a good interview and what an initial interview should include. When you are reading in preparation for the Workshop think about: 

What is the point of an interview?



How will you conduct it?



What information do you need to find out?



What outcomes might be important from a (commercial) client’s perspective, in resolving a dispute?

TASK 2: INTERVIEWING A NEW CLIENT IN A COMMERCIAL DISPUTE (in the Workshop)

In the Workshop, you will be interviewing the client in the case study. You will be working in pairs. The tutor will play the role of the client.

Interview plan Before the Workshop, you should read/view the Essential Reading in the instructions for this Workshop, and think about how you will approach an interview and what questions to ask. You will prepare a plan in the Workshop. You will need to take a note of the information given by the client in response to questions in the interview in the Workshop so that you can draft a full proof of evidence before the 2nd Workshop.

After the interview You will use the notes that you have taken of the client’s instructions to draft a statement (a ‘Proof of Evidence’) which records the facts given to you by the client. LW 5002 CIVIL DISPUTE RESOLUTION – WORKSHOP 1

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Follow up

After the Workshop:

1.

Prepare a Proof of Evidence for the client. See the instructions for the next Workshop.

2.

Think of the progress that you are making in resolving the dispute. The dispute



What do we know about this dispute so far?



What are the client’s objectives?



How might any objectives be achieved? What stage are we at now?



Are there any strategies that might be used to try to resolve this dispute now?

Relevant law



What areas do we need to look into?

The client



Do we need further information (and evidence) from the client (and others)?



If so, what do we need, why do we need it, how important is it and how expensive will it be to obtain?



How are we managing the relationship with the client?



Are we still meeting the client’s objectives?

The costs



How are we managing the costs incurred and likely to be incurred?

The opponent



How are we managing the relationship with the opponent?

The court



Are we keeping within the expectations of the court (if applicable)?

Professional responsibilities



Are we keeping within our professional responsibilities?



What might be the next stage of this dispute?



What might the likely costs be?



Is it worth it?

Planning the way forward

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NEXT:

IN HUB SESSION 1: The Hub Session is a large group session where you have 2 tasks: 1. In preparation for Workshop 2 you will work in a group to prepare for a presentation on methods of ADR (Mediation, Arbitration and Conciliation) - full details in the brief for Workshop 2. You will be given a topic in this workshop to research on. 2. You can draft your proof of evidence and ask questions of the tutors to ensure that it is accurate.

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