Hardback
Teaching Lawyering Skills
An Integrated Approach
9781800888852 Edward Elgar Publishing
Foregrounding the importance of schemata in learning, Teaching Lawyering Skills presents an integrated approach to the overall pedagogical theory of law. Stefan Krieger challenges the traditional stark dichotomy between doctrinal analysis and practice skills, arguing that skills education requires development of strategic reasoning in practice.
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Critical Acclaim
Contents
More Information
Foregrounding the importance of schemata in learning, Teaching Lawyering Skills presents an integrated approach to the overall pedagogical theory of law. Stefan Krieger challenges the traditional stark dichotomy between doctrinal analysis and practice skills, arguing that skills education requires development of strategic reasoning in practice.
This fascinating book focuses on two main cross-cutting themes: effective investigation, analysis and presentation of facts; and effective questioning, listening and responding. Addressing these two themes in both dispute and transactional contexts, it outlines a unique course that centres the skills of fact investigation, interviewing, negotiation, deposition-taking, and direct and cross examination of witnesses. Ultimately, Krieger presents a storyboard method to teach trial advocacy, providing specific teaching guidance and suggesting practical exercises to use either in law school classes or office-based training.
Utilising empirical research in the cognitive sciences and medical education pedagogy, this innovative book will be essential for law school instructors of simulation, clinical and externship skills courses. It will also appeal to trainers of new law graduates and paralegals at law firms, government law offices and nonprofits.
This fascinating book focuses on two main cross-cutting themes: effective investigation, analysis and presentation of facts; and effective questioning, listening and responding. Addressing these two themes in both dispute and transactional contexts, it outlines a unique course that centres the skills of fact investigation, interviewing, negotiation, deposition-taking, and direct and cross examination of witnesses. Ultimately, Krieger presents a storyboard method to teach trial advocacy, providing specific teaching guidance and suggesting practical exercises to use either in law school classes or office-based training.
Utilising empirical research in the cognitive sciences and medical education pedagogy, this innovative book will be essential for law school instructors of simulation, clinical and externship skills courses. It will also appeal to trainers of new law graduates and paralegals at law firms, government law offices and nonprofits.
Critical Acclaim
‘Thanks to its focus on combining doctrinal and skills-oriented instruction when teaching fact analysis, investigation and presentation, this book brings ready-to-use value for every law teacher. Professor Krieger implemented the best pieces of innovative cognitive and educational research from different disciplines to carefully design educational activities for maximizing student learning.’
– Maxim Tomoszek, Palacký University, Czechia
‘Professor Krieger challenges us to re-examine long held assumptions about professional education. He achieves the rare feat of serious consideration of educational theory while providing a practical guide to curriculum design and teaching that enables students to be motivated and creative whilst truly integrating doctrinal knowledge and skills and developing their frameworks for strategic reasoning in practice.’
– Jonny Hall, Northumbria University, UK
‘Stefan Krieger is a leading light in legal education when it comes to the nature of facts and lawyering. This book expertly, comprehensively, and creatively melds cognition science with multiple models of fact collection, analysis, and communication. Pay particular attention to the storyboarding chapters—they are unique and wonderful.’
– Ruth Anne Robbins, Rutgers Law School, US
– Maxim Tomoszek, Palacký University, Czechia
‘Professor Krieger challenges us to re-examine long held assumptions about professional education. He achieves the rare feat of serious consideration of educational theory while providing a practical guide to curriculum design and teaching that enables students to be motivated and creative whilst truly integrating doctrinal knowledge and skills and developing their frameworks for strategic reasoning in practice.’
– Jonny Hall, Northumbria University, UK
‘Stefan Krieger is a leading light in legal education when it comes to the nature of facts and lawyering. This book expertly, comprehensively, and creatively melds cognition science with multiple models of fact collection, analysis, and communication. Pay particular attention to the storyboarding chapters—they are unique and wonderful.’
– Ruth Anne Robbins, Rutgers Law School, US
Contents
Contents:
PART I EXPERIENTIAL LEGAL EDUCATION
1 A pedagogical theory of lawyering skills education
2 Lawyering skills as a component of legal education
3 Outcome assessment of lawyering skills
PART II AN INTRODUCTORY COURSE IN FACT
ANALYSIS, INVESTIGATION, AND PRESENTATION
Introduction to Part II 40
SECTION 1: TEACHING FRAMEWORKS FOR FACT ANALYSIS
4 A pedagogical theory of lawyering skills education
5 Legal elements model for analyzing facts (week 2)
6 Chronology model for analyzing facts/role of perception,
schemata, and memory in fact analysis (week 3)
7 Storytelling model for analyzing facts (week 4)
8 Role of inferences in analysis of facts (week 5)
SECTION 2: TEACHING FACT INVESTIGATION
Introduction to Section 2
9 Fact investigation planning (week 6)
10 Introduction to questioning/listening/responding:
interviewing of a neutral witness (week 7)
11 Client interviewing in a dispute setting (week 8)
12 Client interviewing in a transactional setting (week 9)
13 Questioning, listening, and responding in a deposition (week 10)
14 Questioning, listening, and responding in informational
bargaining (week 11)
SECTION 3: TEACHING PRESENTATION OF FACTS
Introduction to Section 3
15 Presentation of facts in direct examination (week 12)
16 Presentation of facts in cross-examination (Week 13)
PART III AN ADVANCED COURSE IN FACT
ANALYSIS: THE STORYBOARDING MODEL
FOR TEACHING LAWYERING SKILLS
17 The process of storyboarding
18 Exercises using the storyboarding method
Appendix
PART I EXPERIENTIAL LEGAL EDUCATION
1 A pedagogical theory of lawyering skills education
2 Lawyering skills as a component of legal education
3 Outcome assessment of lawyering skills
PART II AN INTRODUCTORY COURSE IN FACT
ANALYSIS, INVESTIGATION, AND PRESENTATION
Introduction to Part II 40
SECTION 1: TEACHING FRAMEWORKS FOR FACT ANALYSIS
4 A pedagogical theory of lawyering skills education
5 Legal elements model for analyzing facts (week 2)
6 Chronology model for analyzing facts/role of perception,
schemata, and memory in fact analysis (week 3)
7 Storytelling model for analyzing facts (week 4)
8 Role of inferences in analysis of facts (week 5)
SECTION 2: TEACHING FACT INVESTIGATION
Introduction to Section 2
9 Fact investigation planning (week 6)
10 Introduction to questioning/listening/responding:
interviewing of a neutral witness (week 7)
11 Client interviewing in a dispute setting (week 8)
12 Client interviewing in a transactional setting (week 9)
13 Questioning, listening, and responding in a deposition (week 10)
14 Questioning, listening, and responding in informational
bargaining (week 11)
SECTION 3: TEACHING PRESENTATION OF FACTS
Introduction to Section 3
15 Presentation of facts in direct examination (week 12)
16 Presentation of facts in cross-examination (Week 13)
PART III AN ADVANCED COURSE IN FACT
ANALYSIS: THE STORYBOARDING MODEL
FOR TEACHING LAWYERING SKILLS
17 The process of storyboarding
18 Exercises using the storyboarding method
Appendix
