1. Belperio Clark Negotiation & Herbert Smith Freehills Client Interviewing 2015 SKILLS SEMINAR With Guest speakers Charlie Belperio and Sarah Ahern

2. 1.Discussion of the skills that are being targeted and how you can practice and prepare these skills 2.In depth look at the rules and marking criteria for both Negotiations and Client Interviewing 3.Example questions 4.Guest speakers 5.Questions Outline of Seminar

3.  Fact finding skills  Professional communication  Interpersonal skills in a professional environment  Team work  Effective Collaboration Skills What skills are we targeting in these competitions? COMMUNICATION, DECISION MAKING and COLLABORATION

4.  Questions released a week prior to round nights - will also receive a copy of the rule book  Each Negotiation will last 90 minutes:  50 minutes is dedicated to the negotiation itself;  Teams may take one 5 minute break each to discuss any developments during the negotiation time;  Finally self Analysis will last ten minutes after a brief period of reflection for both teams  During the Self Analysis students will ask themselves the following questions:  If faced with a similar situation would you do the same thing or would you approach it differently?  How well did your strategy work? NEGOTIATIONS What are the rules?

5.  The competitions team provides clients – you have to interview them! You will receive a very short brief a week prior to the competition.  Each team will have a 30 minute consult with their client  TOP TIP - DISCUSS FEES!  This is followed by a 15 minute consultation period with the judge  The first 5 minutes is reserved for the judge to talk to the client and ascertain their feelings about the interview  Teams then re-enter the room and consult with the judge for a self evaluation period when the judge can give feedback CLIENT INTERVIEWING What are the rules?

6.  Judges recognize that there is more than one appropriate way to approach a negotiation – for this reason the scoring criteria are designed to acknowledge this NEGOTIATIONS Scoring Criteria

7.  Good preparation = good negotiation  The aim is to create a solution, in a collaborative environment to meet both parties expectations and allowances  Starting a good negotiation  Exchanging agenda’s  That you come with good faith and optimistic of finding a solution  Pick a strategy and stick with it NEGOTIATION How does a good negotiation run?

8.  The score sheet for Client Interview is set out like the Negotiations score sheet however the criteria are different in places CLIENT INTERVIEW CONT…

9.  Interview checklist – 1.Investigate the issue prior to the round commencing 2.Welcome/Introduction/Pleasantries 3.Is the client happy/aware of your fees? (The first consult may be free) 4.What is the issue about? 5.What exactly happened (at specific points of time) 6.What exactly does the client want?  Checklist – What to ask yourself: 1.Is there a legal issue here? Is there a cause of action? 2.What legal options/avenues are there? Negotiation/Litigation/Settlement? REMEMBER: As a lawyer you owe various duties to your clients– such as confidentiality, honesty and competence. You must respect these duties. All a lawyers duties can be found in the Australian Solicitor Conduct Rules CLIENT INTERVIEWING How does a good interview run?

10.  Both Client Interviewing and Negotiation operate in the same way to progress to the finals:  Each preliminary round you will be given a score, and you will either win or lose the round. No draws are awarded.  Teams who win both rounds will (almost always) progress straight to the finals – if we have trouble separating teams we use the following strategy:  Head to head;  Margin;  Points;  In the most extreme circumstances a coin toss Progression to finals

11.  Examples can be found in your competitions handbook Example Negotiations/Client Interviewing Qs

12.  Mr Charlie Belperio  Ms Sarah Ahern Guest Speakers

13. Questions?