d. Attorney Conference
The attorney conference should take about 5 minutes. It takes place after the client has left. It gives the attorneys a chance to talk about the issues without the client present.
c. Ending
The ending of the client consultation is where you need to cross your t’s and dot your i’s. Unlike the middle of the round, here the attorneys should be doing most of the talking. Attorneys should be making sure that anything the client wanted addressed in their consolation is addressed.
i. Catering to the client’s needs
After an attorney has “looped” a clients narrative back to them, it is time to make sure the client is satisfied with the meeting. This can be accomplished by asking questions like “based on our conversation today, do you have any other questions for us?”. Or “Is there any question you have that we have not addressed?”. These questions make sure you satisfy the client by directly asking them if they are satisfied, instead of just guessing. Continue reading »
Some background on the case:
Facts: The General Allotment Act of 1887 gave each male Sioux head of household 320 acres of land and most other individuals 160 acres. Act provided that the allotted land would be held in trust by the US. Rather than farm the land, the Sioux leased the land to white farmers and lived off of the rentals. But, over time, there was a great fractionation of interests on land; therefore, a small piece of land was owned by hundreds of people. This made a bookkeeping nightmare when distributing rents to the owner. With § 207 of the Land Consolidation Act, Congress tried to say than no fractional interest of less than 2% could pass by intestacy or devise; but instead escheat to the tribe.
Issue: Does the “escheat” provision of the Indian Land Consolidation Act affect a taking of property without just compensation?
b. The Middle
The middle of the interview is actually the longest segment. It is also the portion where the client will do the most talking. Although, as an attorney, you are going to need to ask follow up questions and explain the law to the client, you really want them telling you everything they can. The more the client talks, the more information you have to work with to make informed decisions.
i. “Seven Second Rule”
When I worked as an LSAT teacher at Kaplan, they taught us something called the seven second rule. This is where you ask Continue reading »
Having recently participated in the ABA Client Counseling Competition and done quite well, I thought I would share my knowledge on the subject.
Any time you meet with a client, especially for the first time, the meeting should be broken up into an opening, middle, and end. An attorney should have goals for each section of the process in order to make their job easier and the client happier.
There are two very important points an attorney must take away from the first consultation with any client. The first point being Continue reading »
A partnership is a business entity in which owners share in the profits or loss of a business. If you have an association with one or more individuals to carry on as co-owners of a business for profit, then you are indeed involved in a partnership. See UPA §6; RUPA §101(6). You may have entered a partnership even if you did not intent to enter one. Furthermore, even if you have signed paperwork stating you are not a partnership, you still may be involved in a partnership.
WHY DOES IT MATTER IF I AM IN A PARTNERSHIP?
If you are in a partnership with somebody, you may be held personally liable for their actions. More Continue reading »
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