Notes for Upcoming Class: Presentations, Quizzes, Client Counseling, and Interpretation Topics
Agenda and Context
Professor discusses upcoming student presentations as a vehicle to study legal topics from the textbook. Presentations start around October 6, with potential guest speakers (interpreters) and possible quizzes on or around that date. Administrative details (quiz timing, interpreter availability) are still being finalized.
There will be two quizzes total (not two separate quizzes per chapter). The schedule may shift based on guest speaker availability and interpreter arrangements.
The class uses a sign-up system (Twin) for presentation order; the order on the sign-up sheet generally guides the presentation sequence, but exact dates may shift.
There is a focus on engagement letters and templates: early on you’ll borrow templates from firms, then customize them into a master document from which you select relevant paragraphs for each client.
The instructor uses humor and anecdotes (e.g., jokes about interpreters, crystal ball analogy) to illustrate points about interpretation and client counseling.
Presentation logistics and topics
Presentation format and grading (baseline):
Value: 10 points total for each presentation (PowerPoint).
Visuals: If you don’t use visuals, you receive 0 points for visuals; if you use visuals with Spanish slides, +1; if you additionally include an English translation, +1 (potentially up to +2 for visuals-related components).
Language: If the majority of the presentation is in Spanish, you earn the full language points (2 points).
Spanglish: If the majority is Spanglish, you earn fewer points (1 point for language).
Teamwork: Presentations are typically two students; there is a bonus, immigration presentation, with a three-person team.
Content coverage: Cover the chapter’s key points (+1) and cover the majority of the chapter’s vocabulary (+1).
Delivery: Confidence and comfort during the presentation (+2 total, distributed as two points for those dimensions).
Off-script examples: If you add an example or personal anecdote from your experience to illustrate the material, you gain +1.
Airtime: Fair distribution of speaking time is expected; if one person does most of the talking, both team members are penalized. If there are 20 slides, aim for 10 slides per person (equal airtime). If a presentation runs ~30 minutes, ~15 minutes per speaker is suggested.
Example breakdown (simplified schematic):
Visuals: up to +2
Language: +2
Key points: +1
Vocabulary: +1
Confidence/Comfort: +2
Off-script anecdote: +1
Airtime fairness: enforced as part of grading
Teamwork: +2
Topics and sign-ups:
Capiprazo Cinco and immigration-oriented topic assignments are in circulation; group composition for the immigration topic is a three-person team.
The instructor mentions specific students (e.g., Flavio, Brandon, Falagi) to confirm sign-ups and plan group roles.
The final immigration presentation is a special 3-person team; other presentations are typically 2-person teams.
Logistics and contingencies:
If the October 6 schedule lacks interpreters or speakers, the quiz may be moved earlier and the second half reserved for presentations.
There is concern about staying after hours (administration prefers a 06:15 start for quizzes to accommodate staff and accommodations).
The sign-up order might be adjusted depending on speaker arrivals; the instructor emphasizes being prepared to present according to the signup order, even if dates shift.
Quizzes and schedule specifics
Quiz timing:
Quiz 1: Targeted around October 6 or the following week.
Quiz 2: Targeted around the week of November 17 (or 18), not November 10, due to potential conflicts (e.g., students representing McGeorge elsewhere).
Administrative adjustments:
The instructor will confirm quiz dates after speaker/interpreter confirmations.
If interpreters are delayed, quizzes may be moved to the following week.
Group changes and confidentiality:
Groups C and D are receiving confidential instructions; group composition changes to mix A/B with C/D.
The confidential instructions for groups C and D will be sent via email, with updates about the presentation process and timelines.
Presentations: planning and execution tips
Planning approach:
You may decide to present from a script (translated), or to summarize key points in Spanish with occasional English translations. The instructor notes you can use the textbook as a script if you are comfortable, or summarize and speak extemporaneously.
The majority of material should be in Spanish for scoring purposes, with English translation included when possible to maximize points.
Airtime and collaboration:
If you have, for example, 20 slides, aim for 10 slides per person (alternate speaking turns).
Equal airtime is important; the main speaker should not dominate.
Content expectations:
Cover the chapter’s key points and vocabulary; you do not need to cover every vocabulary item, but focus on those that are most relevant or tricky.
The instructor notes specific vocabulary related to interpretation (e.g., translation vs interpretation, interpretation paraphrasing, register, false cognates, syntactic equivalence, literal translation, etc.).
Practicalities:
The class emphasizes Spanish-language proficiency, translation accuracy, and appropriate terminology for interpretation contexts.
You can include personal anecdotes to earn extra points (off-script). This should still relate to the material and be relevant to the topic.
Information gathering and initial client meetings (Steps 1–3, with emphasis on 4–5 for next week)
Steps 1–3 (from last week’s instruction):
Step 1: Introduction
Step 2: Information gathering
Step 3: Goal identification
Next week’s focus: Steps 4–5 (for client counseling simulations)
Step 4: Preliminary strategy
Discuss possible courses of action with the client.
Summarize factual and legal situation; refine and clarify client objectives.
Identify potential options (legal and non-legal) for achieving objectives and discuss pros/cons of each option.
Include non-legal options beyond the law.
Step 5: Closing
Agree on what will happen next; advise on actions to avoid worsening the situation (when applicable).
Set realistic commitments with a schedule and deadlines; require client to provide specific information by set dates.
Confirm communication preferences and back-up contact person if needed (e.g., WhatsApp, other channels).
Use engagement letters or follow-up reminders to memorialize agreed actions and deadlines.
Information-gathering tips:
Bring source documents to interviews when possible (lease, police report, contract, etc.) to ground the discussion and gather facts efficiently.
In the context of information gathering, use the five Ws and H (Who, What, When, Where, Why, How) as a cheat sheet to ensure comprehensive coverage.
The client should be allowed to correct or fill gaps; encourage chronological storytelling and invite the client to fill in holes.
GO identification and motivational interviewing:
A technique to uncover client goals: ask the client to imagine a future where the case is resolved to their satisfaction and describe what that looks like (e.g., “crystal ball” approach).
This helps identify the client’s goals when they may be hesitant or unclear about their objectives.
Client counseling: steps 4 and 5 in practice
Step 4 (Preliminary strategy) in depth:
Discuss potential courses of action with the client.
Refine and clarify objectives; identify opportunities and obstacles.
Explore legal and non-legal options; discuss pros/cons of each.
Step 5 (Closing) in depth:
Decide next steps and responsibilities; set deadlines for information and actions.
Provide guidance on avoiding further complications (e.g., excessive contact with neighbors, how to manage conflicts).
Clarify preferred channels and decision-makers; document decisions to prevent misunderstandings.
Documentation and reminders:
Engagement letters and reminder letters are valued; they help ensure compliance and provide a factual record if a client later claims miscommunication.
Remember to tailor communication to the client’s needs (e.g., include translations or bilingual summaries as appropriate).
ABA ethics and professional conduct (high-level themes)
ABA Model Rules of Professional Conduct, Rule 2.1:
A lawyer may render advice that considers moral, economic, social, and political factors relevant to the client’s situation.
The counselor role extends beyond pure legal analysis to include broader considerations that affect the client’s interests.
Counsel vs. directive approaches:
The instructor emphasizes advising clients on options rather than telling them what to do.
It’s important to present alternatives with reasons for each, rather than prescribing a single path.
There are situations where offering political or policy opinions to clients may be inappropriate; stay within professional boundaries unless it’s genuinely client-relevant.
Real-world practice perspectives:
In private practice, attorneys sometimes weigh in on non-legal considerations (e.g., business implications, policy factors) when they serve the client’s welfare, but must avoid overstepping into advocacy that substitutes for client choice.
Clear communication, transparency, and documentation help manage client expectations and reduce disputes about what was advised.
Practical insights, anecdotes, and guidelines
Client behavior:
Clients may ignore advice; this is common and can lead to repeat business. Document the advice you gave to protect against later disputes.
When clients insist on going to court despite reasonable settlement offers, use BATNA/WATNA analysis to illustrate likely outcomes and costs (see below).
Cost-benefit analysis and negotiation concepts:
BATNA: Best Alternative to a Negotiated Agreement.
WATNA: Worst Alternative to a Negotiated Agreement.
Use these concepts to guide discussions about settlements versus litigation, especially with business clients.
Practitioner tips and soft skills (paraphrased from anecdotes):
A technique to improve client understanding: instead of asking, “Do you understand?”, say, “Am I explaining that well, or should I explain it differently with more examples?”
Framing explanations around the speaker rather than the client (“It’s not about you; it’s about me explaining it more clearly”) can increase engagement and questions.
When clients prefer Spanish, provide bilingual explanations but tailor the depth of translation to ensure comprehension.
Case-based examples used in class:
Neighbor disputes and the value of non-legal options like community mediation to avoid escalating costs and relational damage.
Real-life scenarios where mediation or peacemaking can be preferable to litigation, especially when ongoing relationships are involved.
A mock scenario where a plaintiff’s desire for justice clashes with the practical costs of litigation and the client’s willingness to pursue settlement.
Miscellaneous logistical notes:
The instructor is updating materials on Twin (e.g., the legal Spanish portfolio) and will provide revised instructions and deadlines.
The syllabus and quiz dates are subject to change based on group assignments and guest speaker availability.
The class will have guest speakers on Sept 29; there are up to six guests anticipated.
There will be a formal memorandum assignment tied to a separate written task; the scheduling of this memorandum may shift to avoid clashing with quizzes.
Key vocabulary and interpretation concepts highlighted in class discussion:
Interpretation vs Translation: explanation of how interpreters convey meaning in real-time across languages.
Relay interpreting: three-language scenario where one interpreter converts between language 1 and language 2, and another interpreter converts from language 2 to language 3.
Sign language interpretation: source to target language with attention to accuracy and cultural nuance.
Register: matching the interlocutor’s linguistic style and formality depending on who is speaking.
False cognates: words that look similar across languages but have different meanings (e.g.,
“exito” in Spanish does not mean “exit” in English; it means “success”).
Syntactic equivalence: aligning grammatical structure between languages; some pairs require non-literal rendering to preserve meaning.
Literal translation vs functional equivalents: balance between word-for-word accuracy and conveying intended meaning.
The “magic three words” in interpretation: no additions, no omissions, no substitutions (for source to target language).
Important vocabulary from chapter 15 on interpretation and translation; the instructor emphasizes using chapter vocabulary plus practical interpretation terms.
Quick glossary of key terms (from today’s discussion)
Interpretation vs Translation: process of converting spoken language in real-time vs converting written text.
Translator: person who renders written material from one language to another.
Interpreter: person who orally translates between languages.
Relay interpreting: interpreter-to-interpreter chain across three languages.
Register: level of language formality and style appropriate to the speaker and context.
False cognates: words that look similar across languages but differ in meaning.
Syntactic equivalence: grammatical structure alignment between languages; sometimes not literal.
Literal translation: word-for-word rendering that may fail to convey meaning.
No additions, no omissions, no substitutions: guiding rule for faithful interpretation.
Language repertoire in presentations: preference for Spanish emphasis, with optional English translations to maximize points.
Numerical and LaTeX-enabled notes
Quizzes: two quizzes total; scheduling uncertain until speakers/interpreters are confirmed. Dates mentioned: October ext{ 6} and the following week; second quiz around November ext{ 17} or 18.
Presentation points: total of 10 points per presentation (rubric includes visuals, language, content coverage, teamwork, confidence, etc.).
Slides: example given of a presentation with 20 slides; aim for equal airtime: rac{20}{2} = 10 slides per presenter.
Time blocks: quiz start time discussed as 06:15 to accommodate staff; end times discussed as late as 07:00 in certain scenarios.
Language scoring: majority Spanish yields full language points (2 points); majority English or mixed may yield fewer points (e.g., Spanglish yields 1 point).
BATNA and WATNA: ext{BATNA} = Best Alternative to Negotiated Agreement; ext{WATNA} = Worst Alternative to Negotiated Agreement.
Summary of action items and upcoming milestones
Prepare for potential October 6 presentations; review sign-up order and prepare for possible schedule shifts due to interpreter availability.
Review the rubric and plan for a bilingual presentation: decide whether to script in Spanish with English translations or to summarize key points in Spanish with some English insertions.
Gather and bring relevant documents to client meetings (lease, police reports, contracts) to facilitate information gathering.
Practice the crystal ball GO-identification technique to elicit client goals and better frame preliminary strategy.
Be ready for the client counseling simulations focused on steps 4 and 5; prepare for a document-driven closing and clear next steps.
Monitor Twin for updates about the legal Spanish portfolio and the revised deadlines; expect changes to the memorandum due date and quiz dates as scheduled by the instructor.
Reflect on the ethics discussions (ABA Model Rules) and practice advising with multiple options rather than dictating a single course of action.