Workshop on Bankruptcy

May 17–19, 2001
St. Louis, Missouri

Back to Workshop Program

Professor Mary Jo Eyster
Brooklyn Law School
1 Boerum Place, Room 300
780-7936
meyster@brooklaw.edu

The web course in a box will contain additional information about the course:

Books: Binder, Bergman, Price, Lawyers as Counselors, (“Client-Centered”);
Cochran, DiPippa, Peters, The Counselor-At-Law, (“Collaborative”);
Fisher and Ury, Getting to Yes.

Resources in Clinic Library: The following are National Consumer Law Center publications: Consumer Bankruptcy Law and Practice (“CBLP”); Truth in Lending; Usury and Consumer Credit Regulation; Fair Debt Collection; Repossessions; Surviving Debt (1st ed) and (3rd ed).

Additional books: Newman and Imholz, Caveat Venditor: A Manual for Consumer Representation in New York.
Fischoff, Gary, Handling Your First Personal Bankruptcy.

Law Review Articles: Nimmer, “Consumer Bankruptcy Abuse,” 50 Law and Contemp. Prob. 89 (1987); Gustavson, “The Ethical Role of a Debtor’s Attorney in a Consumer Bankruptcy Filing,” 6 Georgetown Journ. Leg. Eth. 665 (1993); Neustadter, “When Lawyer and Client Meet: Observations Of Interviewing and Counseling Behavior in the Consumer Bankruptcy Law Office,” 35 Buff. L. Rev. 177 (1986).

Week 1 Overview, Consumer Counseling and Bankruptcy Date: Jan. 16

Topics: Overview of semester; “typical” cases; discussion of case file assignment

Reading: Client-Centered, pp.1 to 30; Collaborative, pp. 1-9; BLS Consumer Counseling and Bankruptcy Clinic Student Manual. See also, Surviving Debt (3rd Ed), pp 309-339; and CBLP, chpt. 1 and 2.

Assignment 1 Due: See Case File and Memoranda re. Bankruptcy Counseling (DISTRIBUTED in packet of materials).

Week 2 Overview of Communication and Counseling Skills Date: Jan. 23

Topics: Attorney-client relationship; collaborative and client-centered counseling theories

Reading: Client-Centered, pp 32 to 81; Collaborative, pp. 31 to 55. See also, CBLP, chpt. 5.

Assignment 2 Due: Observe intake interviews, analyze and critique (See assignment memo in course materials packet)

Week 3 Beginning the Client Interview Date: Jan. 30

Topics: Discussion of interview openings, with a focus on the collaborative model.

Reading: Client-Centered, pp.84 to 112; Collaborative, pp 57 to 108. See also, CBLP, chpt. 6.

Assignment 3 Due: Videotape and critique of interview (see assignment memo).

Note: New Client Intakes Begin This Week

Week 4 Client-Centered Interviewing Date: Feb. 6

Topics: Discussion of the client-centered model, with a focus on taped interviews, observations and real client interviews

Reading: Client-Centered pp 112 to 196. See also, CBLP, chpt. 3.

Week 5 Concluding the Initial Interview Date: Feb. 13

Topics: Discussion of problem solving, client objectives, and ending the interview

Reading: Client-Centered, pp 225 to 236; Collaborative, pp 105 to 108; Surviving Debt (1st Ed.), pp 1 to 30; (3rd Ed.), pp 1 to 52; 78 to 136; 239 to 308; Caveat Venditor, pp 139 to 158.

Week 6 Lawyer and Client; Intelligences, Style and Power Date: Feb. 27

Topics: Discussion of control, manipulation, multiple intelligences theory, learning styles and the attorney-client relationship.

Reading: Collaborative, pp11 to 30; 223 to 245. Additional Reading on Multiple Intelligences will be distributed.

Assignment 4 Due: Analysis of one case, as specified in assignment memo.

Week 7 Collaborative Counseling Date: Mar. 6

Topics: Discussion of model and application to cases; review of power, control, and problem solving concepts.

Reading : Collaborative, pp 109 to 164

Week 8 Client-Centered Counseling Date: Mar. 13

Topics: Discussion of client-centered model and application to cases; comparison to collaborative model.

Reading: Client-Centered, pp 258 to 280; 287 to 309

Week 9 Counseling and Dispute Resolution Date: Mar.27

Topics: Discussion of dispute resolution techniques and client satisfaction.

Reading : Fisher and Ury Getting to Yes; Collaborative, pp 189 to 202. Additional reading on Therapeutic Lawyering and Mediation will be distributed.

Assignment 5 Due: Court Observations (see assignment memo)

Week 10 Difficult Clients, Different Lawyers Date: Apr. 3

Topics: Discussion of problem clients, fraud, fabrication, and emotion. Client and lawyer perspectives and differences, and impact on case management.

Reading: Collaborative, pp 203 to 221; Client-Centered, pp 237 to 256; 407 to 413; Michelle Jacobs, “People From the Footnotes,” 27 Golden Gate L. Rev. 345 (1997); Bankruptcy Code Sec. 727 (a)(2), (3), and (4); and Sec. 523(a)(2), (4) and (5).

Week 11 Moral and Ethical Choices Date: Apr. 10

Topics: What are the limits of decision making discretion?

Reading: Collaborative, pp 165 to 188; Client-Centered, pp 281 to 286; ABA Code of Professional Responsibility, Canon 7 (including Ethical Considerations and Disciplinary Rules).

Week 12 Case Rounds Discussion with Specific Topics: Date: Apr.17 Assessment of Attorney/Client Power Balance

Topics: Discussion of collaborative lawyering, client-centered lawyering and real life lawyering, focusing on application to specific cases

Reading: Client-Centered, pp 309 to 361.

Class Assignment: Each team will present a case for discussion, as detailed in the Presentation Assignment memo in the pack.

Week 13 Consumer/Debtor Issues and Problems Date: Apr. 24

Topics: Discussion of the origin of Consumer/Debtor problems and possible solutions; litigation, legislation and other problem solving approaches.

Reading: Materials will be distributed pertaining to proposed “reform” measures, and consumer credit issues.

Assignment 6 Due: Identify recurrent problems (refer to assignment memo)

Week 14 Wrap Up Date: May 1

Topics: Assessing outcomes, final resolution strategies and/or remaining work

Assignment 7 Due: Prepare a Status Memo on open files (see memo in pack)