This assessment has two parts. (1) The interview and (2) the writing. In this assessment you will get together with two other students and form a gr

Task Description

This assessment has two parts. (1) The interview and (2) the writing. In this assessment you will get together with two other students and form a group of three students. I will send you a set of confidential instructions once the groups are finalised via email. In those instructions you are given details about three client interviews. You are to conduct these interviews in your group of three. In one interview you will play the client, then next interview the lawyer and the third the observer. As an observer you will write notes and reflect upon the performance of the student who plays the lawyer/interviewer. Students are to conduct the interviews via zoom and record the sessions.

You will critique and reflect upon the performance of the interviewer. Your written reflection must contain material on the following:

Did you see evidence that the interviewer constructed solutions to ethical issues involved in the client interview and/or could they think creatively in relation to an ethical issue(s) in the interview?

Incorporate your own reflections/observations regarding how to address ethical issues which can come up in legal practice. This may arise from the interviews or from the learning resources.

Write your own reflections/observations on your experience of working in a group. Reference some of the material on collaborative learning provided.

(these issues will likely overlap)

Hint: In writing your reflection clearly signpost these issues by providing sub-headings throughout. This will make it easier for the reader.

You will submit the reflection on moodle which will be 1500 words.

Relevance : Why am I doing this? The simple answer is that students need to develop practical skills of what a lawyer actually does in practice. One of the first things that lawyers learn to do is to interview clients. This is an example of authentic learning. Although many of you may not become lawyers the skill of interviewing (which is really just asking a person a series of structured questions) is relevant to many different jobs. Therefore the skills are transferable to many contexts.

Instructions on how to complete the Client Interviewing Exercise

The exercise is to be completed in three stages:

Get into a group: Students will nominate a team of three by 27 March in default of which unallocated students will be assigned into teams. On moodle behind the assessment tab you will find a link where you can select a group. Ideally, it would be best if you consulted with other students before you put your name down in a group. Use the moodle discussion site to find group members.

Conduct the three interviews on or before the 15 May

Written reflection due for submission on or before the 22May.

Marking Rubric

(Reference see: Assessment rubrics | The University of Edinburgh)

Criteria High Distinction Excellent 85-100% Distinction Very good 75-84% Credit Good 65-74% Pass Satisfactory 50-64% Fail poor <50% (less than)

Clarity, Presentation and Communication - 5 marks

The language is advanced and sophisticated. There are almost no errors of expression. The language is clear. The reflection is easy to read and follow. There are few errors of expression. Language is generally clear but there are some parts which are hard to read. There are errors of expression which are minor but frequent. Language is not clear but it is still readable with some significant errors of expression. Language and grammar is unclear and confusing throughout. This makes the work hard to read and understand. Did not proofread/edit.

Reflection/Analysis - 15 marks Addresses all of the content in a comprehensive way. Supporting material is appropriately referred to throughout displaying a thorough/ excellent knowledge of the material. Addresses all of the content in a thorough way. Supporting material is appropriately referred to throughout displaying a very good knowledge of the material. Addresses all of the content outlined in the instructions. Comments are adequate and the supporting material is generally referred to appropriately. There are some errors or omissions. Made an attempt to address the content outlined in the instructions. However it was superficial in major parts. Does not refer to any of the supporting material. Alternatively referred to one or two references. Does not address the content outlined in the instructions. Where the content is addressed it is superficial.

The Three interviews

Students will form into teams of three (either self-nominated or assigned). One student will play the role of a client, another the interviewer and the third student will be an observer. The process will be repeated three times by the group using different interview scenarios, enabling each group member to play each respective role. Each interview should take 15-20 minutes to complete. It is suggested that the three interviews be conducted in one hour-long session. Students are to record the session on zoom. Share the recording with all group members. You do not need to submit the recording. It is kept for your own purpose so that you can go back to it when you are completing the written reflection. The unit coordinator will email you with your role in each interview and the supporting confidential information. Students must not exchange these instructions. This is important to ensure that the interview is as close to an authentic experience as possible.

Written reflection 1500 words (this is what you submit to moodle)

Each student will be graded on their written reflection of their experience as an observer. After e-submitting the reflections, as a single pdf document, students will then exchange them with the other members of their group. The written reflection should not exceed 1500 words.

Person 1

Interview Instructions

Interview 1 Your Role: Observer

Your Instructions: Make sure that you record the Zoom session so that you can refer to the recording when preparing your reflection.

At the conclusion of the interview, you should briefly give the solicitor feedback on his/her interviewing skills. Take notice of any special expertise or area of weakness. Also notice the kinds of questions the solicitor asked (narrow, broad, leading, non-leading), whether the type of question was appropriate for the information sought, whether your solicitor incorporated paraphrases and reflective statements, and how effective these were.

Interview 2 Your Role: Solicitor/Interviewer

Your Instructions: You work in a small law firm that has a considerable personal injuries practice. A prospective client is coming to the office for an initial interview. All you know about the case is that the client has suffered personal injuries as a result of alleged medical malpractice. The client wants to explore his or her legal options. The purpose of your client interview is to gain as much information as possible about the accident that has brought the client to the firm and about what the client wants. Medical malpractice cases can take 3 years to resolve. The client will be required to give extensive information about their personal life and that, although settlement is a possibility, it will likely not occur, if at all, until very close to the trial date. It is not intended that you will give legal advice on causes of action.

Interview 3 Your Role: Client

Your Instructions: You are Stephen or Joanne Farmer. This is your first visit to a law firm. You have been informed by the law firm receptionist of the date and time of your appointment and that you will be talking to a solicitor. Make up any details with which you are not provided, but do not volunteer any facts you are specifically asked to withhold unless the solicitor asks you about them.

Try to put yourself in the place of a simple client who might tend to babble about anything except the important elements of the case, and who would not necessarily know what those elements are.

Do not take these instructions with you to the interview as you will be tempted to read from them. Learn your part and then play it. It will be more realistic if you have to work from your memory.

Keep expressing concern about what a lawsuit might cost you. Push the solicitor on the issue of how much the law firm will charge and also about the law. See if you can get him or her to give you some legal advice.

Information you can reveal

You are interested in purchasing a franchise business. Law week, you had a meeting with the current owners of Platitude Pizza and a handshake deal was done. You agreed to buy the business and paid a deposit on the leasehold. You have now decided that Pizza making is not the business for you and have advised the current owners that you have changed your mind. They have responded by stating that documents for the sale of the business have been prepared and that they intend to proceed with the sale, despite what you have told them. You are very concerned about what you should do and what will happen.

The information not to be divulged unless asked

The business owners had given you a big meal of Pizza washed down with many beers. You were very intoxicated at the time of making the agreement and your judgment was impaired. You have also since learned that a national pizza chain is setting up a store across the road from the business and the owners of the current business had not told you of this, when presenting projected sales figures.