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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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Course Design Principles
Law in Practice materials are built on the following five principles: (1) the interconnection of law and fact development, (2) careful sequencing of simulation and classroom learning, (3) use of integrated, on-line learning materials; (4) introducing practice diversity and transactional law; and (5) cost efficiency.
1. Fact-Law Iterative Dynamic. Legal doctrine courses typically present facts that are fully developed and summarized in appellate opinions, and learning focuses on application of the law to those facts or minor variations developed in a hypothetical. The actual practice of law more often occurs in reverse-the attorney starts with a base of legal knowledge and then gathers facts from the client and others to construct a case. In a matter of any complexity, the attorney goes back and forth between the requirements of the law and the search for facts. Law in Practice teaches students to understand this iterative development of law and facts as a critical skill to be mastered. Legal knowledge is fundamental to the attorney's value, but only when paired with the capacity to develop facts, construct narrative, manage the case to achieve client goals and think strategically.
2. Carefully Sequenced Simulation and Classroom Learning. Learning through simulations is gaining currency in legal education, but often it is used in isolated situations. Law in Practice has developed a careful sequencing for the presentation of material and the allocation of learning between the classroom and simulation groups. For example, client management responsibilities increase as the simulations progress. In the beginning of the litigation case file, the student works on fact gathering and trust-building with the client, then the student progresses to working with the client in mediation to achieve a settlement that meets client goals. The later transactional case file requires the student to form the attorney-client relationship, identify underlying client interests and obtain client authority to negotiate with the opposing counsel.
3. Integrated and On-line Learning Materials by West Publishing. Law in Practice uses an integrated e-text, simulation materials and professionally produced short videos. Materials are delivered weekly through course management software. Readings and videos relate directly to the simulation skill in the Practice Group. Each video, for instance, expressly incorporates the objectives identified in the Assignment for the upcoming simulation. Click here for an explanation of the course materials with examples.
4. Introducing Practice Diversity and Transactional Law. The first year legal experience in American law schools emphasizes reading appellate cases and introduces civil procedure at an early stage. As a result, law students often form a mistaken impression that law is primarily a function of litigation and dispute resolution. Law in Practice introduces first year students to the practice of transactional law. The course materials also draw from a wide range of legal specialization so students can visualize the many forms and subfields of legal practice.
5. Cost Efficiency. Law in Practice offers the opportunity for students to experience a series of different simulations at a reasonable cost. The course materials restrain the expense of experiential learning through the use of "turn-key" materials which allow for ease of training and support for faculty and volunteers. The course materials make it easier to involve and retain classroom faculty, adjunct teachers, simulation actors, and volunteer practicing attorneys. Each person involved in the course is presented with thorough teaching materials, including summary sheets that allow busy professionals to short-cut preparation when schedules so demand. A goal of the materials is to allow the formation of sustainable relationships with part-time and volunteer attorneys and others, thus reducing the cost of conducting a large number of simulations. The materials also make it comfortable for traditional classroom faculty to participate in a course with multiple simulations by allowing them to focus substantially on doctrinal teaching, albeit substantially in an applied context.
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