Seton Hall Law Alternative Dispute Resolution Organization

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Seton Hall Intraschool Client Counseling Competition
RULES
"The ABA Law Student Division's Client Counseling Competition simulates a law office consultation in which law students, acting as attorneys, are presented with a client matter. They conduct an interview with a person playing the role of the client and then explain how they would proceed further in the hypothetical situation."

Each team shall have a maximum of forty-five (45) minutes to complete each interview session. This session must include both a consultation session with the client and a post-consultation without the client present.

The Consultation. Each team must conduct a consultation with the client during which the students are expected to elicit the relevant information, outline the problem, and propose a solution or other means to resolve the problem. (See "Client Counseling Competition Standards for Judging.")
The Post-Consultation. Each team must also conduct a meaningful post-consultation discussion between the student attorneys after the client has left the room. The teams may not leave the interview room between the consultation and the post-consultation. During the post-consultation, the students may either talk to each other loudly enough to be overheard by the judges or dictate a file memorandum on the interview or both. The post-consultation performance may summarize the interview, indicate the scope of the legal work to be undertaken, and state the legal issues that should be researched. Explanation of the position or attitude taken by the students may be useful. The students may also feel that documentation is appropriate. For example, they may want to write a letter to the client confirming their retention as attorneys, the fee arrangement, etc. It also may be appropriate for the students at the conclusion of this consultation to write a letter to opposing counsel or to the party with whom the client is having legal problems. Such a document may be dictated at this time.
Use of notes and props. During the consultation and post-consultation, the team may use books, notes, and other materials. The team may also use office props (computers, Dictaphones, files, desktop furnishings, etc.). Although props are permitted, teams should be aware that the judges are instructed that props are not required. Also, props are not included as part of the judges’ evaluation sheets. If a team decides to use props, those props can in no way indicate where the team is from.
Timekeeping. During the Regional Competitions, the student competitors are not provided with timekeepers. They are responsible for keeping track of their time. However,one of the judges on each panel should be selected to keep track of the time for the judges. Under no circumstance will a team be allowed more than forty-five (45) minutes to complete the session including both the consultation and the post-consultation. The timekeeper judge shall stop students after forty-five (45) minutes regardless of where students are in the consultation or post-consultation process. The decision of the timekeeper judge as to when the round should end is final. The timekeeper judge should use the Judges’ Timekeeping Sheet to record the time each session begins and ends to assure that the timekeeping was accurate. In determining a team's score, the judges shall consider the way the team allocated its time and, if applicable, the team's failure to include a meaningful post-consultation session.
Critique. Immediately following each team's post-consultation presentation, the judges should provide the team with a critique of the team's handling of the consultation and post-consultation. The critique should last no more than fifteen (15) minutes. Clients should not be present during the post-consultation period or the critique.

Standards for judging:

Working Atmosphere: Established the beginning of an effective professional relationship and working atmosphere and, if and when appropriate, oriented the client to the special nature of the relationship, including confidentiality; explanation of fees; responding to client's concerns, discussing mutual obligations, and rights; after-hours availability; duration and plan of the consultation; etc. in a courteous, sensitive and professional manner.
Description of the Problem: Learned how the client viewed his or her situation, using a combination of listening and questioning, drawing out both information and feelings, as appropriate, to develop a reasonably complete and reliable description of the problem.
Client's Goals and Expectations: Learned the client's goals and initial expectations, modified or developed these as necessary.
Problem Analysis: Analyzed the client's problem with creativity and from both legal and non-legal perspectives, resulting in a clear and useful formulation of the problem.
Moral and Ethical Issues: Recognized, clarified, and responded to any moral or ethical issues which may have arisen, without being prejudicial or judgmental.
Alternative Courses of Action: Consistent with the analysis of the client's problem, developed a set of potentially effective and feasible alternatives, both legal and non-legal.
Client's Informed Choice: As appropriate, assisted the client in his or her understanding of problems and solutions and in making an informed choice, taking potential legal, economic, social and psychological consequences into account.
Effective Conclusion: Concluded the interview skillfully and left the client with a feeling of reasonable confidence and understanding, with appropriate reassurance, and with a clear sense of specific expectations and mutual obligations to follow.
Teamwork: As collaborating counselors, worked together as a team, with flexibility and an appropriate balance of participation.
Post-Interview Reflection: During the follow-up phase, gave evidence of having recognized their own and the client's feelings, the strengths and limitations of their interviewing and counseling skills, their handling of the substantive aspects of the client's problems (legal and non-legal), and provided for an effective follow-up.
Overall Rating: Synthesizing the above criteria, including how effectively the team used its time, how do you rate the client counseling team?

Example fact pattern clients have used in the past: Client profile of Larissa/Logan Moore

You and your spouse have been divorced for 2 years; you have 4 children, ages 5, 7, 10 and 14. You are an administrative assistant for a large pediatric practice and your ex is a pharmaceutical representative for an international pharmaceutical company. You and your ex live in adjoining towns. After a protracted custody hearing, the judge awarded the two of you joint custody of your 4 children: the children alternate residences every
two weeks even though they continue to go to the same school regardless of with whom they are living.

You have begun to notice that the 5 year old and the 7 year old are exhibiting increased behavioral difficulties: the teacher has indicated that they are having trouble concentrating in class and have shown some aggressive tendencies toward the other children. The teacher has suggested that they work with the school counselor to try to address some of their transition issues. You think the judge’s decision was totally stupid
and you are fed up with this joint custody arrangement. As if life isn’t hard enough and you are trying to manage your children at your house and then make sure they have everything they need at your ex’s – it’s ridiculous and you want to change the custody arrangement.

As if this wasn’t bad enough, you recently found a small quantity of recreational drugs in your 14 year old son’s room and when you confronted your son he replied: “Look, my Dad/Mom says it is no big deal as long as I don’t do it too often. I mean, even he/she needs a little help getting through the day too. It’s no big deal as long as his/her boss doesn’t find out that he/she is swiping drugs from their job!” You’ve had it! Not only are your little ones acting up and being referred to the school counselor but now your ex is encouraging your teenager’s drug problem!! That’s it – joint custody was never going to work to begin with and now you hopefully have enough ammunition against your ex to get a change in the custody arrangement. It will be a lot easier on you and your job if they live with you during the week and just visit you ex’s house on the weekends. You figure your ex will agree to a change in custody when you threaten to tell his/her boss about the drug swiping. You want your lawyers to get a new custody agreement drawn up ASAP for you to deliver to your ex for signature. Knowing your ex, he/she probably isn’t going to spend money for an attorney of his/her own so this should be a fairly easy thing to resolve. You don’t want your lawyers doing a lot of investigation of his/her own or expensive research or anything like that – you just need them to write up the new agreement once and for all.