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(22) Effective Legal Communication: Mastering the Art of Advocacy
Description & Syllabus for Course #4
Kevin Colangelo
July 16, 2024
Welcome back!
As a Subscriber, you know that countless outlets are shining a light on all the skills that young lawyers (esp. new lawyers) lack.
And you know that no one is doing anything about it.
Except you.
That’s right. Just by taking the time to read this newsletter, you’ve committed to doing something to fix our training challenges.
It may not be today.
It may not be visible to others.
But you are moving the needle. Somehow.
Now - onward to the 4th course in The Whole Lawyer program!
Effective Legal Communication: Mastering the Art of Advocacy
- course #4 of The Whole Lawyer Program -
Course Description:
This course is aimed at law students and newly minted lawyers, focusing on the essential aspects of legal writing, oral advocacy, and client communication. It aims to develop the ability to communicate complex legal concepts clearly and persuasively to various audiences, including clients, courts, and colleagues. Through practical exercises, interactive lessons, and peer feedback, learners will improve their proficiency in legal communication, which is critical for success in the legal profession.
Learning Objectives:
By the end of this course, learners will be able to:
Draft clear, concise, and persuasive legal documents.
Deliver effective oral arguments and presentations.
Communicate complex legal concepts to clients in an understandable manner.
Employ active listening skills and respond effectively in legal contexts.
Use legal terminology accurately and appropriately in both written and oral communication.
Syllabus:
Chapter 1: Foundations of Legal Writing
Lesson 1.1: Legal Writing Essentials
Objective: Reinforce your understanding of the principles of clear and concise legal writing.
Lesson 1.2: Crafting Persuasive Arguments
Objective: Learn techniques for constructing persuasive legal arguments in writing.
Lesson 1.3: Common Legal Writing Pitfalls
Objective: Identify and avoid common mistakes in legal writing.
Chapter 2: Drafting Legal Documents
Lesson 2.1: Writing Legal Memos
Objective: Master the structure and style of effective legal memoranda.
Lesson 2.2: Drafting Briefs and Motions
Objective: Learn how to draft compelling briefs and motions for court.
Lesson 2.3: Contract Drafting Basics
Objective: Understand the fundamentals of drafting clear and enforceable contracts.
Chapter 3: Oral Advocacy
Lesson 3.1: Preparing for Oral Arguments
Objective: Develop strategies for effective preparation of oral arguments.
Lesson 3.2: Techniques for Persuasive Speaking
Objective: Learn techniques to enhance persuasive speaking skills.
Lesson 3.3: Handling Questions and Objections
Objective: Practice responding to questions and objections during oral presentations.
Chapter 4: Client Communication
Lesson 4.1: Building Client Relationships
Objective: Understand the importance of building trust and rapport with clients.
Lesson 4.2: Explaining Legal Concepts to Clients
Objective: Learn to explain complex legal concepts in a way that clients can understand.
Lesson 4.3: Managing Difficult Conversations
Objective: Develop skills for handling difficult conversations with clients professionally.
Chapter 5: Effective Listening and Responding
Lesson 5.1: Active Listening Skills
Objective: Enhance active listening skills to improve communication effectiveness.
Lesson 5.2: Constructive Feedback and Response
Objective: Learn to provide and respond to constructive feedback in a legal context.
Lesson 5.3: Negotiation and Conflict Resolution
Objective: Develop communication strategies for effective negotiation and conflict resolution.
Rubrics, Assessments and Feedback:
Rubrics for this course should create clear, measurable criteria that align with the course's learning objectives and foundations. This will ensure 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 5: Active Listening Skills
Assignment: Provide peer feedback on a given assignment, demonstrating active listening skills to understand and respond to the peer’s work effectively.
Criteria | Exemplary (4) | Proficient (3) | Developing (2) | Beginning (1) |
|---|---|---|---|---|
Engagement | Demonstrates full engagement by maintaining eye contact, nodding, and using verbal affirmations consistently. | Shows good engagement, with frequent eye contact, nodding, and some verbal affirmations. | Displays some engagement, with occasional eye contact and limited verbal affirmations. | Lacks engagement, with minimal eye contact, nodding, or verbal affirmations. |
Understanding | Clearly demonstrates understanding of the peer’s work by accurately summarizing key points and issues. | Shows good understanding of the peer’s work, summarizing most key points and issues accurately. | Demonstrates some understanding but may miss key points or issues in the peer’s work. | Shows little understanding of the peer’s work, missing key points and issues. |
Constructive Feedback | Provides specific, constructive feedback that is clear, relevant, and actionable. | Provides constructive feedback that is mostly clear, relevant, and actionable. | Offers feedback but may lack specificity, relevance, or actionable suggestions. | Provides vague, irrelevant, or unconstructive feedback. |
Empathy and Respect | Demonstrates empathy and respect in all feedback, acknowledging the peer’s effort and perspective. | Generally shows empathy and respect in feedback, acknowledging the peer’s effort and perspective. | Occasionally shows empathy and respect but may lack consistency. | Shows little empathy or respect in feedback, failing to acknowledge the peer’s effort or perspective. |
Feedback Incorporation | Actively incorporates feedback from the peer to adjust own understanding and approach in future interactions. | Incorporates some feedback from the peer to adjust own understanding and approach. | Occasionally incorporates feedback but struggles to adjust own understanding and approach. | Does not incorporate feedback from the peer or adjust own understanding and approach. |
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. I.e., we take this stuff seriously.
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 discuss 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 the requirements of the modern 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. Good luck!
Next Ish:
We continue our course-by-course examination of The Whole Lawyer Program with our final course (!), Course #5: Legal Professionalism: Ethics, Efficiency, and Excellence.
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.