Clinical Legal Education I Syllabus

Clinical Legal Education I

A Course of Study
Uganda Christian University
Faculty of Law
by

Lecturer: Brian Dennison, J.D., MBA, BA
dbriandennison@gmail.com

Tutorial Assistant: Achieng Mirriam
achizmirriam@yahoo.com

Syllabus: January 2011

1. COURSE DESCRIPTION

Welcome to Clinical Legal Education. This course is designed to provide you with practical skills and “hands on” experiences concerning both the practice and business of law.

The course is made up of four sections.

The first section of the course is training session designed to equip you with the skills and knowledge needed to perform certain clinical work. This section will be specially designed for the clinical work you are expected to undertake.

The second section will focus on the development of negotiation and mediation skills. This section will feature opportunities for experiential learning. You will produce journal entries concerning your participation in the negotiation exercises.

The third section will present a Christian approach to integrating faith into legal practice.

The fourth section will focus on practical matters of management, marketing, professional communications and accounting.

2. COURSE OBJECTIVES

In his book Legal Practice in Uganda, Francis A. Wazarwahi Bwengye noted several deficiencies with respect to the legal education offered at both Makerere University and the Law Development Centre. Bwengye called for more training in the areas of client relations, client interviews, negotiations, problem solving, and management. This course has been specially designed to supplement your education in those areas.

This course is also about the practice of law as a Christian calling. We hope this class can encourage you to see the practice of law as an opportunity to serve the Kingdom of God.

This class is a prerequisite to the Clinical Practicum class. The Practicum class is focused on the actual provision of clinical legal work and the improvement of legal writing and advocacy. We hope that you will participate in clinical opportunities in this present class, but the actual provision of clinical work will not be the primary emphasis of this course. This class is designed to prepare you to be an active and effective clinical participant in the Clinical Practicum class.

TEAM MODEL

You will be assigned to a team that is dedicated to a certain legal service projects or pro bono service providers. Teams will meet during tutorial periods and other times in order to train and collaborate. Projects teams include a teams dedicated to Uganda Christian Lawyers Fraternity’s Prison Advocacy Project, International Justice Mission’s Property Grabbing Intervention Project, the Streams of Justice Community Leader Justice Training Project and the Law Development Centre Preparation Project.

4. BIBLIOGRAPHY AND READING MATERIALS

4.1 REQUIRED READINGS

Legal Practice in Uganda, The Law, Practice and Conduct of Advocates, Francis A. Wazarwahi Bwengye, Marianum Publishing Company, Kisubi, Uganda, 2002. (Multiple copies of this book are available in the law library.)

Substantive Clinical Packets, Brian Dennison (Hard copies provided to students to share)

Getting to Yes, Negotiating Agreement Without Giving In, Roger Fisher and William Ury, Penguin Books, USA, 1981 (Multiple copies of this book are available in the law library.)

Redeeming Law, Christian Calling and the Legal Profession, Michael Schutt, InterVarsity Press, USA, 2007. (Professor copy and available in soft copy)

Making the Law Work for Everyone, Volume I, by the Commission on Legal Empowerment of the Poor and United Nations Development Programme, 2008 (Available on the Internet at http://www.undp.org/publications/Making_the_Law_Work_for_Everyone%20(final%20rpt).pdf and available in soft copy)

4.1 TEAM READING ASSIGNMENTS

Teams of students will be assigned a business and/or personal management books for power point presentations. You will be assigned your teams and your book early on in the semester in order to give your team time to read the book and prepare. These books include:

Execution: The Discipline of Getting Things Done, by Larry Bossidy

The Long Tail, by Chris Anderson

Seven Habits of Highly Effective People, by Stephen Covey

The World is Flat, by Thomas L. Friedman

From Good to Great, by Jim Collins

4.2 SUPPLEMENTAL READING MATERIALS

There are articles referred to as “supplemental reading assignments” throughout the syllabus. The class will be questioned with respect to these assignments during lectures. Students who make excellent comments with respect to the substance of these articles during lecture time will be benefit from their participation in their class participation marks. The articles appearing as supplemental reading materials in this syllabus are the following:
Gisela Munoz, The Five R’s of Listening, from The Practical Lawyer, pp. 11-17 (April 2006)

James W. Martin, Going Paperless----Or Not?, from The Practical Lawyer, pp. 51-55 (October 2007)

Patricia A. Yevics, Marketing Tips for Solo and Small Firm Practitioners, from The Practical Lawyer, pp. 11-17 (April 2003)

Thomas E. Kane, Marketing for Solo and Small Firms, from The Practical Lawyer, pp. 53-58 (June 2005)

Richard Blacker, How to Decide on a Career Direction in the Law, pp. 11-18 (August 2006)

Jeffrey Miller and Jill Kohn, The Top Five Reasons Why Clients Leave and How You Can Prevent It, from The Practical Lawyer, pp. 53-58 (April 2008)

Philip Lyon, Confidentiality and Ethics in a Hi-Tech World: Some Nuts-and Bolts Solutions, from The Practical Lawyer, pp. 15-24 (April 2007)

Philip Lyon, Ethical Considerations in Negotiation, from The Practical Lawyer, pp. 37-42 (February 2009)

Jennifer M. Sender, CPR for Your ADR: Alternative Dispute Resolution Primer, from The Practical Lawyer, pp. 19-25 (October 2009)

5. COURSE CONTENT

5.1 COURSE SCHEDULE AND COURSE DESCRIPTION:

SECTION ONE: Clinical Qualification

Week One:

Reading Assignment: Legal Practice in Uganda, Francis A. Wazarwahi Bwengye (Chapters 4 & 5)
Class Activities: Class Introduction and Lecture on issues covered in reading assignments
Tutorial: Go over Clinical Programme Paperwork and Ground rules

Week Two:

Reading Assignment: Clinical Field Guide; and Making the Law Work for Everyone, Commission on Legal Empowerment of the Poor, Chapter 5 “Implementation Strategies”
Class Activities: Lectures on Legal Issues Relevant to the Provision of Clinical Services and Legal Empowerment of the Poor
Tutorials: Topical Lectures
Supplemental Reading Materials: Jeffrey Miller and Jill Kohn, The Top Five Reasons Why Clients Leave and How You Can Prevent It, from The Practical Lawyer, pp. 53-58 (April 2008)

Week Three:

Reading Assignment: Clinical Team Field Guides
Class Activities: Lecture on Client Interviews and Questioning, Clinical Qualification Quiz
Tutorials: Topical Lectures, Client Interview Exercises
Supplemental Reading Assignment: Gisela Munoz, The Five R’s of Listening, from The Practical Lawyer, pp. 11-17 (April 2006)

SECTION TWO: Negotiation and Mediation

Week Four

Reading Assignment: Getting to Yes, Introduction and Chapters 1 and 2
Journal Assignment: Write a journal entry concerning a negotiation exercise we conducted in class.
Class Activities: Lecture on Getting to Yes and Negotiation Exercises
Tutorials: Negotiation Exercises and Participant Feedback

Week Five

Reading Assignment: Getting to Yes, Chapters 3 and 4
Journal Assignment: Write a journal entry concerning a negotiation exercise we have conducted in class.
Class Activities: Lecture on Getting to Yes and Negotiation Exercises
Tutorials: Negotiation Exercises and Participant Feedback

Week Six

Reading Assignment: Getting to Yes, Chapters 5 and 6
Journal Assignment: Write a journal entry concerning a negotiation exercise we have conducted in class.
Class Activities: Lecture on Alternative Dispute Resolution, Lecture on Getting to Yes and Mediation Preparation
Tutorials: Mediation Exercise and Participant Feedback
Supplemental Reading Assignment: Jennifer M. Sender, CPR for Your ADR: Alternative Dispute Resolution Primer, from The Practical Lawyer, pp. 19-25 (October 2009)

Week Seven

Reading Assignment: Getting to Yes, Chapters 7, 8 and Conclusion
Journal Assignment: Imagine that you are an author who is writing a book called “Getting to Yes in Uganda.” How would your book be different from Getting to Yes?
Class Activities: Lecture on Getting to Yes and Principles of Christian Reconciliation
Tutorials: Mediation Exercise and Participant Feedback
Supplemental Reading Materials: Philip Lyon, Ethical Considerations in Negotiation, from The Practical Lawyer, pp. 37-42 (February 2009)

SECTION THREE: Integrity in Practice

Week Eight:

Reading Assignment: Redeeming Law, Michael Schutt, Chapter 3 “Vocation and the Local Church” and Chapter 7 “Community”
Journal Assignment: Write a journal entry on your thoughts after reading the assigned chapters from Redeeming Law
Class Activities: Lecture on Redeeming Law
Tutorials: Group Discussions on Integrating Faith and Practice
Supplemental Reading Assignment: Richard Blacker, How to Decide on a Career Direction in the Law, pp. 11-18 (August 2006)

SECTION FOUR: Business for Advocates

Week Nine
Reading Assignment: None
Class Activities: Lectures on Presentations, Utilising Technology in Legal Practice and Data Management
Tutorial: Team Progress Meetings Regarding Presentations
Supplemental Reading Assignments: James W. Martin, Going Paperless----Or Not?, from The Practical Lawyer, pp. 51-55 (October 2007) and Philip Lyon, Confidentiality and Ethics in a Hi-Tech World: Some Nuts-and Bolts Solutions, from The Practical Lawyer, pp. 15-24 (April 2007)

Week Ten

Reading Assignment: Materials on Accounting for Lawyers
Class Activities: Lectures on Key Business Topics (Marketing, Management, Accounting, Finance)
Tutorials: Lectures during Tutorial Session
Supplemental Reading Materials: Patricia A. Yevics, Marketing Tips for Solo and Small Firm Practitioners, from The Practical Lawyer, pp. 11-17 (April 2003); and Thomas E. Kane, Marketing for Solo and Small Firms, from The Practical Lawyer, pp. 53-58 (June 2005)

Week Eleven

Reading Assignment: None
Class Activities: Team Presentations on Business and Personal Management Books
Tutorials: Team Presentations on Business and Personal Management Books

Week Twelve

Reading Assignment: None
Class Activities: Quiz on Business for Advocates and Team Presentations Continued

5.2 ASSIGNMENT EXPLANATIONS

JOURNAL ENTRIES:

Students are required to submit four journal entries concerning the negotiation exercises and three journal entries regarding court observations.

The topics of the negotiation journal entries are set forth in the Week by Week Course Schedule below.

The court observation journal entries are open ended. Please simply record a description of the proceeding along with your thoughts and impressions concerning the proceeding.

All journal entries should be at least 2 pages in length (hand-written). There is no limit on the length of your journal entries, but students are not rewarded on the basis of volume. Instead you are rewarded based on the quality of writing and the quality of thought that went into your entry. The journal entry should reflect serious contemplation of the issues presented in the exercise. Originality of thought and relevant personal reflection are also appreciated.

The negotiation journal entries are based on negotiation exercises conducted during class. You must attend class the day of the negotiation exercise that you choose to write on. All students are required to submit a negotiated settlement agreement that and a journal entry on the process of creating that settlement agreement. You will be informed as to the dates that these journal entries are due for submission at least one week prior to collection. The date for submission will be at least one week after completing the negotiation unit.

The court observation journal entries are open ended. For each entry please record a detailed description of the a proceeding including the date, time, court, parties and name of the presiding judicial officer. Students are advised to take whatever steps they deem reasonable to demonstrate that they actually attended a court proceeding. Then write two pages or more on your thoughts and impressions concerning the proceeding. The Court observation journals are due on the final day of class of the semester.

The topics for the possible journal entries on Redeeming the Law are are set forth in the Week by Week Course Schedule below. The journal entry on Redeeming Law is due the week after the lectures on Redeeming Law are completed.

You will be graded based on the quality of the ideas presented, your ability to integrate the class materials into the entry, your ability to personalise and apply the concepts in the class materials and the quality of the writing.

COURT EXPERIENCES

You will be expected to attend three court observations over the course of the semester. Each observation should be of something worth writing about. It is possible to observe 3 events in one day at court that are all worth writing about. It is also possible to go to court and see nothing that is worth writing about. You are not limited to attending court sessions in Mukono. You may attend any court sessions at any court in Uganda. You should not wait until the end of the semester to satisfy this requirement as often times it is difficult to attend substantive court proceedings within a small time window.

QUIZES

The quizzes are short answer and multiple choice. They are designed to test your knowledge regarding the portions of material that they cover.

CLASS PARTICIPATION

The most important factor in class participation in your attendance in the lectures and in the team tutorial sessions. The class participation is also based on how you participate in class and in the tutorials. Your tutorial participation is particularly important as the tutorial setting is more interactive and provides more opportunities for student participation than the lecture setting.

CLASS PRESENTATIONS

Class presentation grades are given to the team. All team members should receive the same grade unless there is a student that deserves a lower grade based poor participation or a failure to be present during the presentation. Guidance on class presentation will be provided during the lecture session regarding class presentations.

CLINICAL SERVICES

We hope to provide you with opportunities to provide clinical legal services over the course of the semester. This may involve interviews, will writing, legal research, and community sensitisation. You will be given a “timesheet” to account for your clinical work performed over the course of the semester. This “timesheet” will carry over to Clinical Legal Education II if you choose to take the course. In that course you will be evaluated based on the clinical legal services you have provided over the course of this academic year.

6. ASSESSMENT CRITERIA

There will be no final paper in this class. Grades will be based on the following:

Clinical Qualification Quiz: 20%

Negotiation Journal Entries (4 entries): 20%

Journal Entries on Ethics and Service (2 entries): 10%

Court Experiences Journal Entries (3 entries): 15%

Team Presentation: 10%

Business for Advocates Quiz: 15%

Class Participation: 10%


7. FAITH IN TEACHING

This course incorporates Christian principles and doctrine in many ways.

First, the students are assigned readings that are based in the Christian faith. Students are assigned readings and scripture concerning God’s heart for justice.. Students also read and discuss chapters from Michael Schutt’s book entitled Redeeming Law, Christian Calling and the Legal Profession.

Students are engaged in the provision of clinical legal services in conjunction with Christian organisations such as International Justice Mission and Uganda Christian Lawyers Fraternity.

Students spend several weeks working on developing their skills in principled negotiation and conflict resolution. These skills are consistent with the Christian emphasis on honesty reconciliation.