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Abstract:
In this article, the authors, who are writing their own textbook on interviewing and counseling, reflect on the ways in which Gary Bellow and Bea Moulton's groundbreaking textbook, The Lawyering Process, has shaped and is shaping their work. The authors include the introductory chapter of their forthcoming textbook interspersed with commentary on the influence of Bellow & Moulton on each of the primary themes through which their textbook will explore interviewing and counseling: variations in the lawyer-client relationship, context, connection, ethics and theory-driven lawyering. This review allows them to evaluate, not only how deeply and pervasively the Bellow & Moulton text has shaped clinical education, but also how much the environment of clinical education and scholarship has changed since the publication of The Lawyering Process.

clinic, interviewing, ethics, lawyer-client relationship

Abstract:
As important, and difficult, as it is to offer new law students clear and helpful frameworks for the interpersonal work of lawyering, doing so is only part of what a clinical textbook may aspire to. In our textbook-in-progress, we hope to offer both frameworks and support for students' sense of the incompleteness of every framework and for their recognition of the need for careful, flexible response to each individual client. Even care and flexibility by themselves are not enough, however, and every text must choose which aspects of lawyer-client relationships it will emphasize most. In the sections that follow, we focus on lawyers' development of connection in context, emotional connection and common ground with clients forged even across considerable gaps of difference; on the application of these skills across especially large contextual gaps, as illustrated in an interview with a client with a mild intellectual disability; and on the ethics and skills of making one special form of connection with a client, the moral relationship entailed in a moral dialogue. These dialogues and commentaries explore many complex moments between lawyer and client, but they also reaffirm the central importance of a fundamental skill and virtue - listening - in the lawyer's work of creating, in each case, a theory of the representation.

interviewing, counseling, disabilities, moral dialogue

Abstract:
Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar built around a year-long simulation that addresses multiple lawyering skills and legal practice settings, (2) a wide variety of live-client student representations performed under close faculty supervision, and (3) weekly case rounds discussions focusing on public interest issues experienced directly by the students in their representations. We provide an example of a particular student representation that illustrates some of the benefits of our clinical model for teaching students about the public interest and intellectual property law doctrines within the framework of teaching about lawyering. We conclude with our reflections on student experiences and the ability of our clinical program to teach intellectual property law and lawyering in concrete factual and policy contexts, helping students better understand the interaction of theory, doctrine and practice in shaping the meaning and consequences of intellectual property regimes. Students came to understand law and lawyering and to see ways to shape their lives as lawyers, through analyzing and evaluating their responses to the interests of their clients, their actions in meeting the demands of a case, their understanding of the relationships among doctrinal areas, and the connection of their activities to the public interest.

clinical legal education, intellectual property law, public interest