Practical Legal Skills: Developing your Clinical Technique

Ross Hyams is a practising solicitor and Senior Lecturer in Law and Convenor of the Legal Practice Program at Monash University. The late Susan Campbell AM was a practicing solicitor, legal education consultant and former Professorial Fellow in Legal Practice at Monash University. Adrian Evans is a practising solicitor and Professor in Law at Monash University.

1. IntroductionThe role of skills teaching in legal educationContent and methodThe limitations of practical legal trainingEnjoying law schoolSkills and valuesSkills teaching: The distinction between ethical content and processTeacher and mentor valuesGood ethics does not mean being squeamishLearning with this book2. Interviewing: Listening and QuestioningThe structure of an interviewThe three-stage process of interviewingEthical dangers in interviewing3. Interviewing: AdvisingSummarising the factsGiving adviceTechniques for arriving at decisionsBarriers to communicationProfessional rules and ethical considerations4. Keeping out of TroubleWhat sorts of ethical problems exist?How to analyse an ethical problemCommon ethical problem areas5. Writing and DraftingCommunication in writing: Why is it different?Emails and other electronic communication methodsDocument retentionEssential preliminariesEthical issues in letter writingWhy 'plain English'?How to produce good 'plain English'Words and sentencesStructuring a letterReports, memoranda, and other in-house documentsDrafting legal documents6. Negotiation and MediationNegotiatingMediationCollaborative law7. AdvocacyThe objective of advocacyMainstream Magistrates/Local Court: Guilty pleas