NITA Publications

Problems and Cases in Interviewing, Counseling, and Negotiation

These materials are divided into two-parts--exercises and problems. The introductory exercises are designed to focus attention on basic communications skills which are crucial in the interviewing/counseling or negotiation setting. The purpose of these exercises is to isolate and to develop these basic communication skills before attempting full scale interviewing/counseling or negotiation problems. The exercises are followed by interviewing/counseling or negotiation problems. Some of them are based on the Potter v. Shrackle and State v. Diamond case files. Each problem contains basic information known to all participants. These problems are designed as tools for "learning by doing".

• >> TABLE OF CONTENTS
  TABLE OF CONTENTS
  
  Introduction
  
  Format for Evaluation of Counseling Performance
  
  Interviewing/Counseling Exercises
  
  1. Introductory Exercise I
  2. Introductory Exercise II
  3. Non-Verbal Communication
  4. Fact-Gathering
  5. Open/Closed Questions
  6. Listening Skills I
  7. Listening Skills II
  8. Judgmental Statements
  9. Pre-Interview Preparation
  10. Interviewing & Counseling Demonstration
  
  Interviewing/Counseling Problems
  
  A. Initial Client Interviews
  
  11. Seth Green
  12. Ben Buyer
  13. Joe Wilder
  14. Angela Ramirez
  15. Harold Balbach/Sally Clark
  16. Jack Remington
  17. Stephanie Curtis
  18. Steve Phillips
  
  B. Witness Interviews
  
  19. Alice Mallory (Potter v. Shrackle)
  20. Peter Flynn (State v. Green)
  21. Ronald Sims (State v. Remington)
  22. Steve Harris (State v. Diamond)
  
  C. Preparation for Deposition
  
  23. Charles Shrackle (Potter v. Shrackle)
  24. Angela Ramirez (Ramirez v. Stone)
  
  D. Counseling Regarding Settlement
  
  25. Seth Green (State v. Green)
  26. Jeffrey Potter (Potter v. Shrackle)
  27. Jeffrey Potter (Potter v. Shrackle)
  28. Bertha Waters (Waters v. XYZ Insurance Co.)
  
  Negotiation: Choices and Control
  
  A. Introduction
  B. The Personality of the Negotiator and Approaches to Negotiation
  C. Interactions Between Lawyer and Client
  D. Ethical Constraints
  E. The Two Negotiation Approaches
  F. Adversarial/Competitive Approach
  G. The Cooperative/Problem Solving Approach
  H. Elements Common to Competitive and Cooperative Bargaining
  I. Negotiation Planning
  J. Assessment of the Other Party During Negotiation
  K. Conclusion
  
  Format for Evaluation of Negotiation Performance
  
  Negotiation Exercises
  
  29. Listening Skills I
  30. Listening Skills II
  31. Non-Verbal Communication
  32. Pre-Negotiation Preparation
  33. Negotiation Ethics
  
  Negotiation Problems
  
  34. Randall Hotels and Atlantic Supply
  35. State v. Green
  36. Lease of Real Property
  37. House Sale
  38. ARI v. Stone Instruments
  39. Harrison Discount v. Martin Surplus
  40. Ewing v. Valley Marine
  41. Martin v. Stone
  42. State v. Diamond
  43. Newman v. Popcheck
  44. Green v. Hall and Rose
  45. U.S. v. Howell, Peters and Hobson
  46. Potter v. Shrackle
  47. The Metal Mining Negotiation
  48. Matson v. Donaldson
  49. Steam Locomotive Negotiation
  
  Case Files
  
  Potter v. Shrackle
  State v. Diamond

• >> AUTHORS
  
  
  • Anthony J. Bocchino
    
    
    • Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.
      
      Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.
      
      In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.
      
      Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.
      
      Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.

  
  

  • Thomas F. Geraghty
    
    
    • Thomas F. Geraghty has been the associate dean for Clinical Education at Northwestern University School of Law since 1981, where he is also a professor and has directed the Bluhm Legal Clinic since 1976. He joined the clinic in 1970 as a staff attorney. He teaches clinical practice, trial advocacy, appellate advocacy, lawyering process, juvenile law, criminal procedure, legal ethics, negotiation as well as children and the law. During his 36 years of teaching and practice, Geraghty has specialized in the representation of clients in juvenile court (both juvenile justice and child protection). He has also been active in juvenile court reform projects and has written training materials for lawyers who represent children and parents, often in cooperation with the National Institute for Trial Advocacy (NITA). He is also a member of the Board of Trustees of NITA. Geraghty has worked in Africa and Asia on research projects involving juvenile justice, the legal problems of street children, the status of children orphaned by HIV/AIDS, women in the legal profession and freedom of the press. He is active in several professional organizations and the recipient of many awards, including being named one of Illinois Top Ten Law Teachers by Chicago Lawyer magazine, Laureate of The Illinois State Bar Association Academy of Lawyers, the Appleseed Fund for Justice, Chicago Council of Lawyers' Commitment to Justice Award, among others.

  
  

  • Melissa Nelkin
    
    
    • Melissa Nelken is a Professor of Law at University of California Hastings School of the Law. Professor Nelken co-founded and is Faculty Chair of the Hastings Center for Negotiation and Dispute Resolution (CNDR). She is the author and co-author of books and articles on negotiation and has taught both trial advocacy and negotiation in continuing legal education programs around the country. A practicing psychoanalyst for over 20 years, she has also written on attorney sanctions and on the psychotherapist-patient privilege in federal court.

  
  

  • Mark K. Schoenfield
    
    
    • Mark K. Schoenfield is the Senior Vice-President of Operations and General Counsel of Jupiter Oxygen Corporation, an energy technology company with a patented heat transfer technology using oxycombustion for carbon capture, air quality, and energy efficiency for power plants and industrial furnaces. His primary responsibility is to manage all aspects of the business under the direction of the CEO. Since 2001, he has managed the technical and business development of the company for application of its now patented oxycombustion technology for power plants, industrial furnaces and waste transformation plants. This work has included the development of the Jupiter Oxygen research facilities and oxycombustion research. He testified before Congress in 2007 concerning climate change, environmental and energy security issues, and in 2008 before state legislative committees on energy policy. He continues to work closely with the United States Department of Energy's National Energy Technology Laboratory. In September, 2008, he was a presenter on oxycombustion technology at the MIT Carbon Capture Forum. He was the recipient of a Konrad Adenauer Foundation energy study trip to Germany in December, 2008. In 2009, he was a section leader in drafting the National Coal Council policy study for the Secretary of Energy. Mr. Schoenfield is the co-author of technical papers concerning energy technology. He served as a member of the Columbia University Earth Institute CCS Task Force. He has been an NGO delegate and presenter at UNFCCC climate change conferences, as well as being a presenter and participant at International Energy Agency and other international and domestic meetings and conferences concerning oxycombustion, energy efficiency and climate change, such as at the National Commission On Energy Policy. His professional activities have included the Business Council For Sustainable Energy and the Alliance To Save Energy. He also is a co-inventor for a pending patent on oxycombustion technology. In August, 2009, he was appointed by the Secretary of Commerce to the Environmental Technologies Trade Advisory Group. His past experience includes providing strategic and tactical business advice to businesses as an attorney; being a management consultant; teaching programs on negotiation to major businesses and law firms as well as to other business and legal professionals; being the author or co-author of negotiation and alternative dispute resolution books and articles, managing the litigation-dispute resolution practices of two law firms and being part of their management team for their overall business; and being an associate professor at Northwestern University School of Law and the Center for Urban Affairs.