A note to instructors re: “Fishbowl Tasks”€¦ · · 2012-05-181 A note to instructors re: “Fishbowl Tasks” I offer the attached materials, which I call “fishbowl tasks,”

1

A note to instructors re: “Fishbowl Tasks”

I offer the attached materials, which I call “fishbowl tasks,” with one former student primarily in mind. This student—let’s call her Pat—was always focused on the course materials, committed to improving, and darn good at organizing her interviews. In many ways, Pat was doing all the right things, but Pat seemed less than fully aware of certain interpersonal habits—wandering eyes, interminable strings of um-uhs, and frequent blank stares—that prevented her from building effective professional relationships with her clients. Even if she was aware of her habits, she didn’t have them under control. So, I realized that more needed to be done to help her interpersonal skills grow as sharp as her substantive and structural skills. To be sure, much of the focus of my I & C course will be on the structural elements, and I could imagine that a course that focuses exclusively on structure would indeed help students along the path to becoming effective interviewers and counselors.

As many of you have also likely witnessed, even well-structured interviews can fall short on account of communications failings: language, body language, and delivery concerns. Many students lack experience. Some just have difficulties with interpersonal communication of this nature. And even very proficient students can experience a decrease in the effectiveness of interpersonal communications when they’re trying to keep track of the complexities of interviewing structure and substantive law. As such, I’ve tried to provide opportunities to practice the interpersonal along with the structural. There are many ways to do this. Fishbowl tasks are one way. What are fishbowls? Quite simply, a couple of students perform a simulation in front of the class—in a fishbowl, if you will. The rest of the class observes, and our class discussion then centers around what we saw. Fishbowl tasks ask students to observe specific things. This enocurages the class to focus on high-priority behaviors and skills and, over the course of the semester, raises all students’ overall alertness to these issues of interpersonal effectiveness.

Substantive Structural

Interpersonal

As students like Pat demonstrate, though, effective interviewing and counseling seems to happen at the intersection of three kinds of proficiency: (1) substantive, (2) structural, and (3) interpersonal. As we practice primarily the structural dimension, it is important that we recognize the influence of the interpersonal dimension and learn to control that dimension to become effective interviewers and counselors.

2

One thing I like about fishbowls is that they are not too prescriptive. They allow the students first to perform in whatever ways are comfortable to them. Each person has his or her own ways of delivery and, as such, directives about how students should communicate can be less effective, I would argue, than feedback on the students’ natural modes of communication. Simply raising students’ awareness of their posture, tone, etc. is progress in itself and allows students to play to their strengths. I also like fishbowls as a method of enhancing classroom participation. With concrete observation tasks in their hands, students may be more likely to be willing to offer constructive feedback to their friends and peers. And by becoming keen observers of others, students may become more capable of keen self-observation and improvement. I would typically use fishbowl tasks as follows. First, I would hand out the various tasks to the observers and allow them a short amount of time to review their tasks. Then the selected students would perform the simulation exercise “in the fishbowl” while the whole class observes and while those assigned to specific tasks take notes. Upon the completion of the simulation, I would provide a moment for the tasked observers to make final notes, including sticky note (+/ ) feedback for the interviewer. I would then lead a debrief that involves, among other topics, the responses that the tasked observers made. After this debrief, the tasked observers would offer written sticky note feedback on the designated feedback sheet for the interviewer to take with him or her. As part of the interviewer’s subsequent self-assessment, he or she could choose to respond to some of this feedback. The academic in me has at times felt the need to justify this interpersonal focus with more traditional academic scholarship. If you feel a similar need, you might consider using the Amsterdam and Bruner1 text that I summarize cursorily below.

The notion that interpersonal effectiveness really matters, though, is intuitive to most and in need of no academic grounding. In more colloquial terms, then:

What ya say + How ya say it =

How it is heard

In legal interviewing & counseling terms: The content of your speech + Structure & Delivery =

How effective your I & C sessions will be

1 See Amsterdam & Bruner, Minding the Law (2000).

PERLOCUTIONARY

LOCUTIONARY ILLOCUTIONARY Amsterdam and Bruner argue that the locutionary (the explicit utterance) combines with the illocutionary (the purpose, tone, gestures, etc.) to create the perlocutionary (the effect on the hearer).

3

By the end of the class, I want for students to understand that:

• The substantive, structural, and interpersonal are all interrelated and mutually reinforcing. • All speech is context-dependent, and context is selected by the hearer according to her

position/purpose (understanding, adversarial, etc.) using a collection of assumptions and interpretive frames.

• Often, what you say matters about as much as how you say it. In other words, human pronouncements often mean more than they say.

By the end of the class, I want for students to be able to:

• Control context, use appropriate interpretive frames, anticipate appropriate misinterpretations and rejections through close attention to the interviewee, in order to communicate as clearly as possible with the interviewee.

• Control their voices and bodies in ways that enhance the interviewing and counseling processes. • Generally use all of the tools at their disposal to demonstrate client-centeredness and to build the kind

of trust and rapport that is necessary to become a valuable counselor at law. The examples of fishbowl tasks that I identify below are works in progress, and I would be eager to hear your suggestions on how these might be used, modified, or better left to the dust bin. I’d also be interested to hear other ways that instructors help students to address the interpersonal aspects of interviewing. I can provide these tasks in Word format so that you can use and manipulate them as you please. If you need them, please just send me an email at [email protected]. Thanks, Jeff Ward Duke Law School 210 Science Drive Box 90360 Durham, NC 27708-0360 (919) 613-7153 (phone) (919) 613-7262 (fax) [email protected] (email)

4

The interrelation of substance, structure, and interpersonal communication

At least generally, effective interviewing and counseling happens at the intersection of three kinds of proficiency: (1) substantive, (2) structural, and (3) interpersonal. At which aspect(s) did the interviewer excel? In what ways? Which might be improved? How?


Interpersonal

Sticky note for targeted interviewer feedback

+/

A

NOTES

5

Question Types Types of questions:2

(1) General open questions, where the topic is not identified;

(2) Topic-specific open questions, where the subject is identified but the interviewee is left free to discuss whatever aspect she sees appropriate; OR

(3) Closed questions, including “Yes / No” formulations;

(4) Leading questions, where the answer is suggested by the interviewer; or

(5) Compound questions, where multiple inquiries are joined in the same interrogative statement.

Upon which question types did the interviewer rely? Were the various question types used appropriately? If so, can you identify any specific moments from the interview as examples of their appropriate use? If not, can you identify specific instances when a different type of question might have been used and explain how a different approach may have been more effective?

2 From Cochran, DiPippa, and Peters, THE COUNSELOR-AT-LAW: A COLLOBORATIVE APPROACH TO CLIENT INTERVIEWING AND COUNSELING (1999).


+/

B

NOTES

6

Interviewer’s posture and demeanor To what extent doe the interviewer demonstrate S.O.L.E.R. communication?3

Face the client SQUARELY Adopt an OPEN posture toward the client LEAN toward the client Make and maintain good EYE contact Be RELAXED during the interview

What do you observe of the interviewer’s

Eyes Facial Expressions Posture Arms / Hands

If you had to identify what the interviewer accomplished via body language, what would it be?



+/

C

NOTES

7

Mirroring Does the interviewer mirror the interviewee? How? 4

Posture Voice Language that fits with the way the client understands

the word (genuine, not mere mimicry) Visual: It appears that…, It looks like, It’s clear

that… Aural: It sounds like… What I heard you say

was… Cognitive: I think you are…. I wonder if you… It

seems that… Emotional: You felt… Physical: That must have hurt when… It seems

that it would give you some relief to… If not, what opportunities might there have been for the interviewer to mirror?



+/

D

NOTES

8

Active Listening—1 Identify the ways the interviewer demonstrates Active Listening:

Non-distraction Deliberate silence Nods Uh-Huh, Yeah, OK, or similar I understand (cliché empathetic statements) More developed empathetic statements Reflective statements framed in terms of express

client statements (substance and emotion) Clarifications based on express client information Paraphrasing Summary Appropriate questioning Other ____________________________________


+/

E1

NOTES

9





+/

E2

NOTES

10

Active Listening Active listening is manifest in:5

Summary and paraphrasing Reflection: factual content + emotional value Validation Eye contact Non-verbal cues Non-interruptive verbal feedback Accuracy in feedback Empathetic statements:

Direct assertions (“I would feel very frustrated if…”)

Apologies (“I’m sorry to hear about your struggles with your boss.”)

Context-providing explanations (“In order for me to know whether we will need to involve your boss, I’d like to know…”)

Personal connections and Sharing (“I understand because my partner is an accountant and I see the stress he brings home every day.”)

Generally, warm, reactive, animated. Active listening is hindered by:

Lack of warmth, reaction, or animation

Inauthenticity Apologies spoken without

warmth Pretending to understand

when you don’t Demeaning personal

connections (“I know how you must be feeling about your grandmother; my hamster died just last week.”)

Too many assumptions Too much note-taking, etc.

5 From Ellmann, Dinerstein, Gunning, Kruse, and Shalleck, LAWYERS AND CLIENTS: CRITICAL ISSUES IN INTERVIEWING AND COUNSELING (2009).


+/

F

NOTES

11

The bonus trio and other signs of excellence

Fluent Efficient Organized

Creative Empathetic Warm

Reactive Animated Conversational What specifically does the interviewer do to demonstrate these things? Would more or less of any of them be appropriate? Why?

Warmth Reaction

Animation


+/

G

NOTES

12

Information gathering What kinds of information does the interviewer seem to gather and use? 6

3. Feelings, goals, and values (long-term and broad) 2. Feelings, goals, and values (immediate and narrow) 1. Facts and chronologies

What did the interviewer do well to be able to gather more than mere facts and chronologies? How might the interviewer have been able to gather a higher order of information?



+/

H

NOTES

13

Information gathering techniques What types of strategies did the interviewer use to gather information?

Narrative

Timeline

T-Funneling

A range of questions open closed clarifying focusing other __________________

Other __________________________________


+/

I

NOTES

14

Orientation What techniques did the interviewer use to help to orient the client within the I & C process?

roadmapping

signposting

summarizing

other ________________________ Was the interviewer transparent with the interviewee about why he or she was asking various questions and about where the interview was heading? Were orientation techniques used in a way that motivated the interviewee to be open and to continue providing information? Did the interviewer include the interviewee in deciding an appropriate direction for the session?


+/

J

NOTES

15

Client centeredness Generally, would you characterize the I & C session as client centered? In what ways did the interviewer seeking client participation? What more might the interviewer have done? How would you characterize the balance of power and control of each of the interview’s:

Content Topics Subtopics Sequence Floor time


+/

K

NOTES

16

Observations of the client Was there anything about this client that made the interviewer’s task more difficult? Did you observe any techniques used by the interviewer to respond to these difficulties? How would you describe the interviewee’s demeanor? Level of knowledge? Certainty about the issues and his or her goals? Etc.? In what ways was the interviewer responsive to the particular characteristics of this interview and interviewee? In what ways might the interviewer have been more responsive?


+/

L

NOTES

17

Feedback for the student interviewer

18

The interrelation of substance, structure, and interpersonal communication

At least generally, effective interviewing and counseling happens at the intersection of three kinds of proficiency: (1) substantive, (2) structural, and (3) interpersonal. At which aspect(s) did the interviewer excel? In what ways? Which might be improved? How?

Question Types Types of questions:7

(1) General open questions, where the topic is not identified;

(2) Topic-specific open questions, where the subject is identified but the interviewee is left free to discuss whatever aspect she sees appropriate; OR

(3) Closed questions, including “Yes / No” formulations;

(4) Leading questions, where the answer is suggested by the interviewer; or

(5) Compound questions, where multiple inquiries are joined in the same interrogative statement.

Upon which question types did the interviewer rely? Were the various question types used appropriately? If so, can you identify any specific moments from the interview as examples of their appropriate use? If not, can you identify specific instances when a different type of question might have been used and explain how a different approach may have been more effective?



Interpersonal


+/

B


+/

A

19

Interviewer’s posture and demeanor To what extent doe the interviewer demonstrate S.O.L.E.R. communication?8

Face the client SQUARELY Adopt an OPEN posture toward the client LEAN toward the client Make and maintain good EYE contact Be RELAXED during the interview

What do you observe of the interviewer’s

Eyes Facial Expressions Posture Arms / Hands

If you had to identify what the interviewer accomplished via body language, what would it be?

Mirroring Does the interviewer mirror the interviewee? How? 9

Posture Voice Language that fits with the way the client understands

the word (genuine, not mere mimicry) Visual: It appears that…, It looks like, It’s clear

that… Aural: It sounds like… What I heard you say

was… Cognitive: I think you are…. I wonder if you… It

seems that… Emotional: You felt… Physical: That must have hurt when… It seems

that it would give you some relief to… If not, what opportunities might there have been for the interviewer to mirror?

8 From Cochran, DiPippa, and Peters, THE COUNSELOR-AT-LAW: A COLLOBORATIVE APPROACH TO CLIENT INTERVIEWING AND COUNSELING (1999). 9 From Cochran, DiPippa, and Peters, THE COUNSELOR-AT-LAW: A COLLOBORATIVE APPROACH TO CLIENT INTERVIEWING AND COUNSELING (1999).


+/

C


+/

D

20








+/

E1


+/

E2

21

Active Listening Active listening is manifest in:10

Summary and paraphrasing Reflection: factual content + emotional value Validation Eye contact Non-verbal cues Non-interruptive verbal feedback Accuracy in feedback Empathetic statements:

Direct assertions (“I would feel very frustrated if…”)

Apologies (“I’m sorry to hear about your struggles with your boss.”)

Context-providing explanations (“In order for me to know whether we will need to involve your boss, I’d like to know…”)

Personal connections and Sharing (“I understand because my partner is an accountant and I see the stress he brings home every day.”)

Generally, warm, reactive, animated. Active listening is hindered by:

Lack of warmth, reaction, or animation Inauthenticity

Apologies spoken without warmth Pretending to understand when you don’t Demeaning personal connections (“I know how you must be feeling about your grandmother; my

hamster died just last week.”) Too many assumptions Too much note-taking, etc.

10 From Ellmann, Dinerstein, Gunning, Kruse, and Shalleck, LAWYERS AND CLIENTS: CRITICAL ISSUES IN INTERVIEWING AND COUNSELING (2009).


+/

F

22

The bonus trio and other signs of excellence

Fluent Efficient Organized

Creative Empathetic Warm

Reactive Animated Conversational What specifically does the interviewer do to demonstrate these things? Would more or less of any of them be appropriate? Why?

Information gathering What kinds of information does the interviewer seem to gather and use? 11

3. Feelings, goals, and values (long-term and broad) 2. Feelings, goals, and values (immediate and narrow) 1. Facts and chronologies

What did the interviewer do well to be able to gather more than mere facts and chronologies? How might the interviewer have been able to gather a higher order of information?


Warmth Reaction

Animation


+/

G


+/

H

23

Information gathering techniques What types of strategies did the interviewer use to gather information?

Narrative

Timeline

T-Funneling

A range of questions open closed clarifying focusing other __________________

Other __________________________________

Orientation What techniques did the interviewer use to help to orient the client within the I & C process?

roadmapping

signposting

summarizing

other ________________________ Was the interviewer transparent with the interviewee about why he or she was asking various questions and about where the interview was heading? Were orientation techniques used in a way that motivated the interviewee to be open and to continue providing information? Did the interviewer include the interviewee in deciding an appropriate direction for the session?


+/

I


+/

J

24

Client centeredness Generally, would you characterize the I & C session as client centered? In what ways did the interviewer seeking client participation? What more might the interviewer have done? How would you characterize the balance of power and control of each of the interview’s:

Content Topics Subtopics Sequence Floor time

Observations of the client Was there anything about this client that made the interviewer’s task more difficult? Did you observe any techniques used by the interviewer to respond to these difficulties? How would you describe the interviewee’s demeanor? Level of knowledge? Certainty about the issues and his or her goals? Etc.? In what ways was the interviewer responsive to the particular characteristics of this interview and interviewee? In what ways might the interviewer have been more responsive?


+/

K


+/

L

Documents

A note to instructors re: “Fishbowl Tasks”€¦ · · 2012-05-181 A note to instructors re: “Fishbowl Tasks” I offer the attached materials, which I call “fishbowl tasks,”