Representing the Vengeful Client

At today’s faculty workshop, Robin Slocum, the Boden Visiting Professor Law, gave a fascinating presentation of her latest paper, entitled “The Dilemma of the Vengeful Client: A Prescriptive Framework for Cooling the Flames of Anger” (forthcoming in the Marquette Law Review). Noting that lawyers and the legal system can sometimes become weapons for vengeance in the hands of an angry client, Robin suggested that client counseling can help both the client and the lawyer achieve better outcomes in litigation and avoid the psychological and physiological costs of such vengeance-seeking activity. Effective client counseling, she argued, should focus on uncovering the thoughts and beliefs that underlie anger in order to identify the more rational aims of litigation. In addition, Robin suggested that law schools may consider adopting courses that build lawyers’ emotional competency to engage in this type of counseling.

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Podcasting Legal Writing Lessons

Over the course of the six years I have taught here, the Law School’s technological resources have gotten better and better. For instance, every classroom in which I teach now has equipment that allows me to project documents onto a screen at the front of the classroom, working on edits as we discuss them in the classroom. I can project from the web as I discuss legal research tools, such as the law library’s helpful start page. I can play audio or video files for the class, such as tapes of oral arguments from oyez.org or from the Wisconsin Supreme Court site for my appellate writing and advocacy class.

Most recently, with the help of our IT department I have been using digital recording technology (a headset microphone and audacity software) to record some of my instruction and make it available for students to work through at their convenience. The podcasts are especially effective for material that some students need more help with than others, such as citation, grammar and punctuation, or editing for conciseness. Last semester, my students’ responses to the podcasts was overwhelmingly positive.

The pioneer podcaster among the legal writing faculty was Alison Julien, who, I understand, has moved on to “webcasting,” i.e., digital videorecordings of her instruction.

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The Paper Chase: What Does the Film Tell Us About Contemporary Legal Education?

I recently screened The Paper Chase (1973) in one of my law school classes.  While the majority of current law students are more familiar with recent pop cultural portrayals of legal education such as Legally Blonde (2001), The Paper Chase seems to me to set the stage for those portrayals, especially through the character of Professor Kingsfield and the images from his menacing Socratic classes.  I interpret The Paper Chase as the fictional story of a law student encountering and then overcoming the dehumanizing forces of legal education.

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