Using Simulations to Prepare Law Students for Real-World Practice

[Insert Name of Organization]

[Insert Name of Speaker]

Today’s Conversation

This will be more of a conversation among colleagues than a lecture

We will focus on helping faculty use simulations – including in courses focusing primarily on teaching legal doctrine

Potential BenefitsGreater identification with range of legal roles

including interviewer, advisor, planner, negotiator, and dispute process innovator, in addition to courtroom advocate

Increased integration of doctrinal and skills instruction

Increased student learning and retention of knowledge about legal doctrine and skills

SimulationsTaking steps beyond thinking and talking about lawStudents act in lawyer’s role (or related roles)Assumes outcomes not based solely on law & facts… also affected by moves of independent actors, e.g.:

ClientsCounterpart lawyersMediatorsJudges

Simulations in Law School(not necessarily long or complex)

Litigation activities, e.g.,Interviewing and counseling clientsConducting depositionsTrying casesMaking appellate arguments

“Alternative” dispute resolutionNegotiationMediationArbitration

Simulations in Doctrinal CoursesConsider teaching goals and mix of teaching methodsCan be in class or outside classCan be shortCan integrate learning at end of unit or courseNeed not be gradedCan use 1-page assessment sheetsAsk about student insights -- “aha” momentsCan assign students to write their own simulationsMay reduce some coverage … consider your priorities

Multi-Stage SimulationsObviously more ambitiousExample: possible stages in negotiation

Conduct initial client interviewDevelop relationship with counterpart lawyerPlan negotiation processConduct factual investigation / legal researchPrepare client for negotiationConduct final negotiationDraft settlement agreement

What Simulations Do You Use?

What works well with your simulations?

What are the challenges with them?