Once Upon a Legal Time-Lawyers as Storytellers

Transcription

1 Arizona Summit Law School From the SelectedWorks of Jalae Ulicki April, 2012 Once Upon a Legal Time-Lawyers as Storytellers Jalae Ulicki, Phoenix School of Law Available at:

2 Once Upon a Legal Time ~ Lawyers as Storytellers Presenters: Diana Lopez-Jones, Brigham Fordham & Jalae Ulicki The Simulation Exercise Saturday, April 14, :45-2:45 p.m. Room 1835 The characters: Joann and her next-door neighbor of 33 years, David. The story: Joann and David s properties back yards adjoin each other. The dispute between these two neighbors began last spring when Joann cut down half a dozen trees behind her backyard swimming pool on a hillside that she assumed she owned. The land actually belonged to David. Part 1: Listen to the parties tell their story, and complete the following chart using adjectives to describe their body language and attitude. Joann s Body Language Joann s Attitude David s Body Language David s Attitude Part 2: (a) Assume that you are the attorney representing either Joann or David can you identify the clients legal objectives? (b) Can you discern Joann and David s underlying emotional objectives? Joann s Legal Joann s Emotional David s Legal David s Emotional

3 Once Upon a Legal Time ~ Lawyers as Storytellers Presenters: Diana Lopez-Jones, Brigham Fordham & Jalae Ulicki The Simulation Exercise Instruction Sheet for Characters Saturday, April 14, :45-2:45 p.m. The characters: Joann (played by Diana Lopez-Jones) and her next-door neighbor of 33 years, David (played by Brigham Fordham). Props: Jalae Ulicki The story: Joann and David s properties back yards adjoin each other. The dispute between these two neighbors began last spring when Joann cut down half a dozen trees behind her backyard swimming pool on a hillside that she assumed she owned. The land actually belonged to David. Joann s Facts She woke up and saw that David had put a 5-foot sign pointed at her back door. Joann knows that the signs are intended for her. She has been taking care of the hillside for three decades. David took her to court and the judge ordered her to pay David $3,300 to replace the trees. Joann says that she is willing to let by-gones be by-gones, but David keeps adding a new sign every day pointed at her house. Props: Exhibit #1 & #2 Legal Objective: Joann wants David to take down the signs. David s Facts David says that it was Joann who started the sign war when she put up a sign following the trial that said: You are still a LOSER and placed the sign on his property. David says that he was very attached to those trees in the first place because he had planted them as a little boy with his now deceased grandfather. He says that his signs were just a response to her sign and that apparently she doesn t get the message to stay off his property so he wants to make sure the message sinks in. Props: Exhibit #3 Legal Objective: David is reluctant to do so because Joann cut the trees on his property and then turned right around and trespassed on his property again to put up the sign that started all this dispute.

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6 Once Upon a Legal Time ~ Lawyers as Storytellers Presenters: Diana Lopez-Jones, Brigham Fordham & Jalae Ulicki The Simulation Exercise Feedback Sheet for Simulation Saturday, April 14, :45-2:45 p.m. The characters: Joann (played by Diana Lopez-Jones) and her next-door neighbor of 33 years, David (played by Brigham Fordham). Props: Jalae Ulicki The story: Joann and David s properties back yards adjoin each other. The dispute between these two neighbors began last spring when Joann cut down half a dozen trees behind her backyard swimming pool on a hillside that she assumed she owned. The land actually belonged to David. Attitude Body Language Message perception from non-verbal cues: 55% Posture, stride, gestures, eye contact, facial expressions, mannerisms, and movement Self-controlled Hands on table, interlaced fingers Confident Steepling of hands Interested Leaning Forward Open, Acceptant Open arms and hands Evaluating Index finger in cheek; taking glasses on and off and cleaning

7 them Ready Sitting on edge of chair Defensive Crossed arms on chest Attitude Body Language Self-controlled Hands on table, interlaced fingers Confident Steepling of hands Interested Leaning Forward Open, Acceptant Open arms and hands Evaluating Index finger in cheek; taking glasses on and off and cleaning them Ready Sitting on edge of chair Defensive Crossed arms on chest Voice Tone, pitch, volume, intensity and speed. Message perception: 38% from voice and vocal quality Words Concrete language rather than abstract terms Message perception: 7% from actual words (dictionary meaning of the vocabulary)