Client Interviewing

Structure of the Competition
 Preliminary Round 1: Week 4.
 Preliminary Round 2: Week 5. (After the Easter break)
 Quarter-Finals: Week 6.
 Semi-Finals: Week 7.
 Grand Finals: Week 12.
 The winners of the Senior and Junior Competitions will
face off to determine who represents the UNLSA at the
Australian Law Students’ Association (ALSA) Conference,
to be held in Perth from the 9-16 July 2013.
Structure of the Sessions
 Teams of two people represent a client who is in dispute
with an opposing client and their respective solicitors.
 Solicitors sit a negotiation in a private room at a table
across from their opposing solicitors and with a judge
present.
 During negotiation time, all parties discuss the desired
outcome of their respective clients to work towards
finding a resolution that is just and works with
consideration towards both of the disputing clients.
Structure of the Sessions
 30 minute negotiation:
-Each team may call a private 5 minute break, but the
clock will not be stopped.
 5 minutes extra time at the discretion of the judge.
 5 minute reflection preparation in private.
 10 minute reflection in front of the judge-team 1.
 10 minute reflection in front of the judge-team 2.
 Maximum time per session: 60 mins.
Marking Criteria
1) Planning: Judging from their performance and their
apparent strategy, how well prepared did this team
appear to be? Mark out of 5.
2) Flexibility: How flexible did this team appear to be in
adapting its strategy to developing the negotiation,
e.g. to new information or to unforseen moves by the
opposing team? Mark out of 5.
3) Outcome: Based on what you observed in the
negotiation and the self-analysis, to what extent did
the outcome of the session, regardless of whether an
agreement was reached, serve the client’s goals? Mark
out of 5.
Marking Criteria
4) Teamwork: How effective were the negotiators in
working together as a team, in sharing responsibility
and providing mutual backup? Mark out of 5.
5) Relationship between the negotiating teams: Did the
way this team manage its relationship with the other
team contribute to or detract from achieving their
client’s best interests? Mark out of 5.
6) Ethics: To what extent did the negotiating team
observe or violate the ethical requirements of a
professional relationship? Mark out of 5.
Marking Criteria
7) Self analysis:
-In reflecting on the entire negotiation, if you faced a
similar situation tomorrow, what would you do the
same and what would you do differently?
-How well did your strategy work in relation to the
outcome?
Based on the team’s self analysis during the review
session, how adequately has it learned from today’s
negotiation? Mark out of 5.

Total: Mark out of 35.
Preparation
 Classify interests:
-Mutual.
-Competing.
-Somewhere in between.
 Classify key issues:
-Willing to concede.
-Desirable but not absolutely necessary.
-Non-negotiable.
Preparation
 Consider solutions:
-Research realistic solutions.
-Be creative.
 Assign roles.
HELPFUL TIP!
 Draft an agenda sheet to present during the negotiation
outlining:
 The issues in dispute.
 Potential/desired outcomes that are negotiable and what
these entail for both parties.
During the Negotiation
 Introduction:
- Introduce yourself and your client’s name formally.
- State what you desire from the negotiation – eg. A just
outcome that works for the best interests of both parties.
 Exchange agendas.
 State your client’s position, why they hold that position and
brainstorm solutions.
 Be assertive not aggressive. Negotiating should be a nonadversarial exercise.
 Trade concessions. Don’t get bogged down.
Remember…
 Be assertive, not aggressive. Negotiating should be
a non-adversarial exercise.
 Work towards achieving your own clients desires
but respect those of the opposing client at the
same time.
 Focus on moving through each issue swiftly. Don’t
get bogged down and stuck on one issue.
 If you cannot come to an agreement on a particular
issue, work towards proposing the next steps for
your clients in resolving that issue.
Reflection
 Critique your performance, including:
- What did you do well?
- What could you improve on?
- Discuss your strategies.
 Remember: The team that wins may not necessarily be
the team that walks away with the best outcome!
Question Time!
 Feel free to ask the winners of the 2012 Negotiation
Competition – Rebecca Giles and Samantha Baldwin –any
questions you may have about Negotiation!
 Why should you participate in the negotiation
competition?
 How do you prepare for a negotiation competition?
 Can you tell us about your experiences competing at the
ALSA Conference in Melbourne in 2012?
Questions from the audience!
What is Paper Presentation?
 Involves an individual writing research paper on any
topic of your choice, as long as it holds legal relevance.
 This paper is then to be followed up by a 15 minute oral
presentation which is primarily based on the content of
the paper itself.
Structure of the Competition
 Registration closes Week 7 – register at
unlsa.com/competitions!
 Written papers are also due Week 7 on Monday the 22nd
April.
 Papers are to be submitted to [email protected].
 Oral Presentations are held in Week 10, Semester 1.
 All competitors will receive a certificate and the chance
to represent the UNLSA at the ALSA Conference in Perth
from 9-16 July 2013!
Structure of the Written Paper
 Must be a written paper of between 3000 and 5000
words on any legal topic of your choosing.
 The paper can be written solely for the purpose of the
paper presentation, or can be a paper previously
written for academic purposes.
 Only one paper is to be submitted per person.
 Paper should include footnotes, headings and a
bibliography following the Australian Guide to Legal
Citation 3 standard, all of which is not included in the
word limit.
 Explanatory footnotes are permitted but these will be
included in the word limit.
Structure of the Oral Presentation
 Present a 15 minute oral presentation to a panel of
judges.
 The written paper must be the substantive basis of the
oral presentation.
 Following the presentation, the judge(s) have 10
minutes to question you based on your paper.
 Equipment, such as lecterns, whiteboards and
PowerPoint projection devices are available for
competitors to use.
Question Time!
Lastly, don’t be afraid to get involved! Participating in
competitions is rewarding in that you get to have hands-on
practical experience that enhances your law degree, as
well as a networking base from meeting new people
throughout different years of law school!
Most importantly, don’t forget that competitions are
created to be fun, so make the most of it and try your
best – you have nothing to lose!