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(20) Legal Problem Solving: a Practical Approach
Description & Syllabus for Course #2
Kevin Colangelo
May 01, 2024
Welcome back!
Legal Problem Solving:
A Practical Approach
- course #2 of The Whole Lawyer Program -
Course Description:
This course is designed for early-career lawyers and law students to reinforce and enhance their problem-solving mindset and skills within legal contexts. Emphasizing practical strategies, critical thinking, and creative approaches, learners will navigate through complex legal problems, learning to identify issues, analyze legal frameworks, and develop effective solutions. Through a combination of theoretical understanding and practical exercises, including simulations and case studies, learners will be better equipped to tackle the challenges faced in the modern legal practice.
Learning Objectives:
By the end of this course, learners will be able to:
Apply logical and critical thinking skills to analyze complex legal issues.
Develop and evaluate strategies for resolving legal problems effectively.
Utilize legal research tools to support problem-solving strategies.
Communicate legal solutions clearly and persuasively to varied audiences.
Reflect on the ethical considerations involved in legal problem-solving.
Syllabus:
Chapter 1: Introduction to Legal Problem Solving
Lesson 1.1: The Nature of Legal Problems
Objective: Understand the characteristics that define legal problems and the importance of context in legal problem-solving.
Lesson 1.2: Critical Thinking in Law
Objective: Learn to apply critical thinking techniques to dissect legal issues.
Lesson 1.3: Frameworks for Legal Analysis
Objective: Learn and reinforce foundational frameworks for analyzing legal problems, including revisiting IRAC(!) and introducing other methodologies.
Chapter 2: Research and Information Gathering
Lesson 2.1: Legal Research Fundamentals
Objective: Overview of legal research tools and strategies for efficient information gathering.
Lesson 2.2: Evaluating Sources and Information
Objective: Develop skills to critically assess the reliability and relevance of legal information.
Lesson 2.3: Case Law and Precedent in Problem Solving
Objective: Understand the role of case law, precedent, and statutory interpretation in forming legal arguments.
Chapter 3: Developing Solutions
Lesson 3.1: Creative Thinking in Legal Practice
Objective: Explore methods for generating creative legal solutions to complex problems.
Lesson 3.2: Risk Assessment and Management
Objective: Learn to identify potential risks in legal solutions and develop strategies for managing them.
Lesson 3.3: Alternative Dispute Resolution (ADR)
Objective: Examine ADR methods as effective problem-solving tools in various legal contexts.
Chapter 4: Communication and Advocacy
Lesson 4.1: Writing Persuasive Legal Arguments
Objective: Master the art of crafting clear, compelling, and persuasive legal arguments.
Lesson 4.2: Effective Oral Advocacy
Objective: Develop oral advocacy skills for presenting legal arguments confidently in multiple settings.
Lesson 4.3: Communicating with Clients
Objective: Strategies for effectively communicating complex legal solutions to clients.
Chapter 5: Ethics and Professional Responsibility
Lesson 5.1: Ethical Considerations in Problem Solving
Objective: Explore the ethical dilemmas that can arise in legal problem-solving and approaches to ethical decision-making.
Lesson 5.2: Professional Responsibility in Client Representation
Objective: Understand a lawyer's responsibilities to their client and the court in the context of legal problem-solving.
Lesson 5.3: Reflective Practice and Continuous Improvement
Objective: Perform ongoing reflection on legal practice and develop strategies for continuous improvement in problem-solving skills.
Rubrics, Assessments and Feedback:
Rubrics for this course should create clear, measurable criteria that align with learning objectives and foundations. This ensures that assessments (chapter quizzes and final exams) are transparent, consistent, and objective, providing learners with valuable feedback on their progress.
Here is a sample rubric for Chapter 3: Developing Solutions
Assignment: Propose viable solutions to a complex legal problem, considering practical implications and potential outcomes.
Criteria | Exemplary (4) | Proficient (3) | Developing (2) | Beginning (1) |
|---|---|---|---|---|
Solution Creativity | Presents highly creative and innovative solutions that demonstrate out-of-the-box thinking. | Solutions are thoughtful and show a degree of creativity, addressing the problem effectively. | Solutions show some creativity but are largely conventional or obvious. | Solutions lack creativity or fail to effectively address the legal problem. |
Feasibility and Practicality | Solutions are thoroughly feasible and practical, with a clear plan for implementation and potential hurdles addressed. | Solutions are feasible, with some consideration of practicality and implementation. | Solutions demonstrate limited feasibility or practical considerations. | Solutions are impractical or infeasible, with no clear plan for implementation. |
Anticipation of Outcomes | Excellently anticipates potential outcomes and consequences, providing a strategic analysis of impacts. | Adequately anticipates outcomes with a general analysis of potential impacts. | Somewhat anticipates outcomes but analysis lacks depth or foresight. | Fails to anticipate outcomes or consider the consequences of proposed solutions. |
Comprehensiveness | Provides a comprehensive strategy that addresses all aspects of the problem, leaving no gaps in the solution plan. | Strategy is solid, covering most aspects but may overlook some minor elements. | Strategy addresses the problem but is somewhat incomplete or lacks integration. | Strategy is incomplete or fragmented, failing to provide a cohesive solution to the problem. |
For more on using rubrics to help assess and promote a learner’s proficiency, click here
Syllabus Development and How to Use
Consistent with the Train Better Lawyers ethos, this syllabus was developed through extensive research. This includes:
review of the findings of IAALS’ Foundations for Practice project, including the Instructional Design Guide and the Hiring Guide,
interviews and conversations with educators that are engaged in designing and delivering experiential learning programs to lawyers and law students,
review of recent surveys of lawyers regarding professional development activities and initiatives,
review of media (articles, blogs, podcasts) that discusses what skills are needed in today’s legal practice, and
personal experience with the design and development of 14 online courses focused on teaching the skills, capabilities and mindsets that are needed in the modern legal function.
Regardless of this background, this syllabus is provided as an illustrative example of how such a course might be structured and should not be interpreted as a definitive course design for this topic. The content, including the outlined modules, learning objectives, lessons, and assessment strategies, represents one possible approach to fostering the skills and mindsets associated with being a self-starter within the legal profession.
Professional instructors and curriculum designers are encouraged to adapt, modify, or reimagine this syllabus to better align with their unique educational contexts and objectives.
Further, the methodologies, strategies, and assessment rubrics are suggestive and should be tailored to reflect the specific learning outcomes desired for the course. Instructors are urged to consider the diversity of learning styles and the importance of inclusive teaching practices in the development and delivery of their courses.
Those using this syllabus as a guide for course development should do so with the understanding that adaptation and innovation are key to creating an engaging and effective learning environment.
Next Ish:
We continue our course-by-course examination of The Whole Lawyer Program with Course #3: Excellence in Legal Practice: Skills for the Modern Practitioner
To reiterate: the goal is to equip you with everything you need to either create your own version of the program (if that’s the business you’re in!) or learn how to find and evaluate existing courses that are compatible with the Program.