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Associate Professor of Law, University of Minnesota Law School |
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Associate Professor of Clinical Instruction, University of Minnesota Law School |
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From the Casebook |
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Full Faculty Resources |
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Simulations
Law in Practice students engage in a series of simulations using both a litigation case file and a transactional case file. Currently available case files are as follows:
Aldrich Bank v. SNR Bank (Litigation). Aldrich Bank participated in a multi-lender financing of Malkis Enterprises, Inc. (MEI). The C.E.O. and founder of MEI, Drew Parnell, was convicted of criminal fraud by federal authorities and MEI collapsed. Aldrich files a lawsuit against MEI's former lender, SNR Bank, based on allegations that it knew of the fraud.
Muessig v. Marson (Litigation). Kelly Muessig taught art history at Marson Academy, a college preparatory school in Cincinnati, Ohio. Mrs. Muessig claims that Marson engaged in age discrimination and retaliatory conduct when it fired her from her job.
Flores v. Skyvist Foods (Litigation). Janitors who clean stores of a regional grocery chain at night are nominally employed as independent contractors by a cleaning service. A group of these janitors join as plaintiffs in a suit claiming the grocery store is a joint employer, and thus is liable for violation of Oregon minimum wage and overtime law.
Twisted Willow National Golf Club, Inc. and Casey Wilson (Transactional). Twisted Willow, a private golf course in New York, seeks to hire Florida golf pro Casey Wilson. Students assist their clients to negotiate an employment contract, if possible.
TAG Properties, Inc. and Africa Creations, Inc. (Transactional). Africa Creations wants to create its new Zambezi restaurant in a mall space owned by TAG. Students assist their clients to negotiate a multi-year lease agreement, if possible.
Litigation Simulations
Each litigation case file contains six simulations.
1. Client Interview. Students interview the client with a focus on fact-gathering. The objectives of this simulation are:
* Effective use of questioning techniques explained in the course text.
* Obtain information needed to evaluate possible legal claims (or defenses).
* Identify client goals in the representation.
* Begin to establish trust and to build a good working relationship with client.
2. Witness Interview. Students interview a witness with a focus on fact-gathering and ethical concerns in third-party interviews. The objectives of this simulation are:
* Effective use of open-probe questioning technique.
* Obtain information needed to evaluate possible legal claims (or defenses).
* Establish appropriate relationship with interviewee.
3. Deposition. Students pair up with the opposing counsel to depose a third-party witness. The objectives of this simulation are:
* Match questions to the primary purpose(s) of the deposition.
* Obtain a clear record.
* Listen to responses and ask probing follow-up questions.
* Obtain answers on facts needed for claim/defense.
4. Written Settlement Offer. Students draft a written settlement offer or counter-offer using principles of distributive negotiation theory. The objectives of this simulation are:
* Specify initial settlement terms consistent with case analysis and strategy.
* Offer persuasive rationale for offer terms.
* Be well-organized and write clearly.
* Write appropriately to context and desired result.
5. Chambers Conference. Students representing the opposing parties travel to local courthouses to participate in a chambers conference regarding discovery or scheduling issues before a trial court judge in the Twin Cities. The objectives of this simulation are:
* Provide a rationale for your position.
* Frame the dispute for the judge.
* Effectively respond to the Judge's concerns.
* Focus arguments on your firm's priority concerns.
6. Mediation. Students work with their clients while engaging in a mediation conducted by an experienced mediator. The objectives of this simulation are:
* Create a mediation strategy with your client.
* Effectively communicate with the mediator.
* Control the flow of information.
* Use settlement offers strategically.
Transactional Simulations
Each transactional case file contains two simulations.
1. Client Interview and Counseling. Students form a client relationship, interview the client about relevant facts and interests, and counsel the client to obtain authority for conducting a negotiation with the opposing side. The objectives of this simulation are:
* Create a formal attorney-client relationship.
* Work with client to identify and prioritize interests in representation.
* Identify and evaluate options with client.
* Work with the client to finalize a negotiation plan.
2. Negotiation. Students negotiate with the opposing party and apply integrative negotiation concepts in an effort to agree on contract terms, if possible. The objectives of this simulation are:
* Create a thorough plan for the negotiation.
* Understand agency relationship and scope of authority.
* Appropriately use distributive and/or integrative negotiating.
* Effectively and efficiently negotiate in a multi-issue environment.
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