THREE-PART ROLE-PLAY EXERCISE*
Kathleen Clark

Students are introduced to a set of facts concerning a former employee for a pharmaceutical manufacturer who was recently fired. The facts are ambiguous on the issue of whether the employee was fired for attempted whistleblowing regarding a possibly dangerous drug, or for other reasons. There are four different roles: ­

• Chris Sills, who until recently worked for EPI, a pharmaceutical manufacturer; ­
• a lawyer whom Chris Sills wants to consult about some legal concerns; ­
• Terry Hardy, president of EPI; and ­
• a lawyer whom Terry Hardy wants to consult about some legal concerns.

Over the course of the semester, students engage in three role-play exercises that arise from these facts:

1. an interview between a potential lawyer and a potential client;
2. a counseling session between that lawyer and client; and
3. a negotiation session between lawyers who represent two different parties.

Students are allowed to choose a partner with whom they will work for the duration of the role-play. All role-plays are conducted during class time.

Part I: Lawyer-Client Interview

Students are assigned to be on the side of the former employee or the former employer. They can choose for themselves whether they want to act as the lawyer or as the client, and then are given confidential factual information for that role, but very little information about the state of the law. After performing the interview, they discuss with their partner how each felt during the interview, and how each responded to their partner’s performance. They then type up a short explanation of whether the lawyer and client came to a representation agreement, answering a few specific questions about issues such as fees, confidentiality, etc.

Part II: Lawyer-Client Counseling Session

Students remain on the same side of the dispute, but switch roles with their partner. So if in Part I a student was the lawyer, in Part II she would be the client. The clients are provided with additional factual information about the financial status and needs of the client. The lawyers are provided with additional legal information about the state of the law regarding protections for whistleblowers. After the counseling session, students type up a short description of the agreement between the lawyer and client about their strategy in pursuing the client’s goals.

Part III: Negotiating Session

Students remain on the same side of the dispute, but this time, both students act as lawyers attempting to negotiate a settlement agreement with two lawyers representing the other side. Each side is provided with confidential information about how each client views the prospect of settlement or litigation. After the negotiation session, students type up a summary of the settlement agreement they came to, and answer questions about the negotiation methods used by both sides. In the next class meeting, we discuss the range of settlement agreements.

* Based on role-play materials created by Prof. Carlin Meyer of New York Law School