CPR Regional Meeting in St. Louis
Anheuser-Busch InBev Corporate Offices
One Busch Place
St. Louis, MO 63118
A CPR REGIONAL MEETING
CPR presents: Science for Artful Client Counseling
Under Conditions of Complexity, High Stakes, Uncertainty & Unwelcome Realities
A one-day, hands-on workshop designed to enhance the inside and outside counsel partnership in thoughtful dispute resolution.
Lawyers learn to analyze precedent and statute, sort through facts and opinion, argue the point, and ask the pointed question, but no one told us that’s the easy part. Who knew that maintaining client trust in the face of legal realities would be the tough part? Clients may resist or fail to hear their lawyers’ analysis of inevitable uncertainties, risk, and cost. The client may just disbelieve or reject unwelcome news when making consequential decisions. Participants in this program will learn some science for artfully counseling clients toward wise and informed decisions.
This workshop will be led by Marjorie Corman Aaron, Professor of Practice and Director, Center for Practice, at the University of Cincinnati College Of Law, teaching courses in negotiation, client counseling, mediation, mediation advocacy, and decision analysis. She is an active mediator and arbitrator and the author of Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities, which has been described as a “’must read’ for lawyers who want to communicate more effectively with their clients and create more productive relationships”. She was formerly the Executive Director of the Program on Negotiation at Harvard Law School ("PON"), where she also taught negotiation and mediation.
The Hon. Audrey Fleissig, USDJ ED MO, will join us for lunch and discussion of the judicial perspective on dispute resolution.
9.0 hrs CLE Pending
|9:00 - 9:30 a.m.||Considering the Client Counseling Conundrum - Inside and Out
|9:30 - 10:45 a.m.||Conspiring with Actors, Communication Scientists, and Psychologists for Connection, Trust, & Impact
|10:45 - 11:00 a.m.||Break
|11:00- 12:30 p.m.||Tackling the Task of Unwelcome News: Reducing Resistance, Keeping Confidence, & Adjusting Course
|12:30 - 1:45 p.m.||Lunch and Remarks by the Hon. Audrey Fleissig, USDJ ED MO
|1:45 - 4:30 p.m.||
Claiming Clarity and Rationality Under Conditions of Legal Complexity, Certain Uncertainty, and Tough Choices
Lawyer's obligation to paint the full picture before the client’s decision;
|4:30 - 4:45 p.m.||Break
|4:45 - 5:30 p.m.||
Panel Discussion: Practical Tips for Addressing Difficult Issues
Marjorie Corman Aaron
Marjorie Corman Aaron is Professor of Practice and Director, Center for Practice, at the University of Cincinnati College of Law, teaching courses in negotiation, client counseling, mediation, mediation advocacy, and decision analysis. She received the College of Law’s Goldman Prize for Excellence in Teaching in 2010, and a University President’s Excellence Award in 2006.
Professor Aaron has taught client counseling, negotiation, decision analysis, mediation advocacy, and mediation as visiting or guest faculty at the University of Michigan law School and the Dispute Resolution Institutes of Hamline University and North Carolina Central State University. She was formerly the Executive Director of the Program on Negotiation at Harvard Law School ("PON"), where she also taught negotiation and mediation, and previously served on the Harvard Business School faculty team which designed a MBA negotiation curriculum. She also designs and teaches workshops on mediation, negotiation, and decision analysis for law firms, corporations and other organizations.
Professor Aaron has been an active mediator, arbitrator, and trainer in negotiation and dispute resolution for more than twenty years. She served as a Vice President and Senior Mediator at Endispute (now known as JAMS-ADR), a panel mediator for the Middlesex Multi-Door Courthouse, an arbitrator for the John Hancock Class Action Dispute Resolution Process, and a mediator panelist for the Merrill, Lynch Claims Resolution Process. In private mediation practice in Boston and now in Cincinnati, Professor Aaron has mediated disputes involving general commercial contracts, employment, age and gender discrimination, business torts, products liability, personal injury, complex construction and design claims, corporate partnership, environmental claims and allocation issues, real estate and business valuation, real estate trusts, and medical, legal and other professional malpractice.
Professor Aaron is a sustaining academic member of the CPR Institute for Dispute Resolution, and a member of CPR's ADR Training Faculty. She has served on the Ohio Commission on Dispute Resolution and Conflict Management, the Ethics Commission of the CPR Institute for Dispute Resolution, the Board of the Academy of Civil Trial Mediators, and the Conference and Publications Committees of the ABA Section on Dispute Resolution.
Professor Aaron is the author of Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities (Oxford University Press, 2012). She has also authored numerous chapters, articles and case simulations in mediation, negotiation, client counseling, and decision analysis.
A graduate of Princeton University and Harvard Law School, Professor Aaron practiced civil and criminal litigation before entering the field of dispute resolution.
Hon. Audrey Fleissig
United States District Court, St. Louis, MO
Judge Fleissig was appointed District Judge for the Eastern District of Missouri in 2010, where she had served as a United States Magistrate Judge since 2001. She was the United States Attorney for the Eastern District of Missouri from 2000 to 2001, and Assistant United States Attorney from 1991 to 1999, primarily prosecuting white collar criminal cases. Judge Fleissig was in private practice for eleven years at Peper, Martin, Jensen, Maichel and Hetlage (now Husch Blackwell Sanders LLP), where she was a partner concentrating in in business and commercial litigation and class actions. She teaches Legal Writing, Pretrial Practice and Procedure, Trial Advocacy, Evidence, and Electronic Evidence at Washington University School of Law; was a member of the Board of Governors of the Bar Association of Metropolitan St. Louis; President of the Women Lawyers’ Association of Greater St. Louis; and was appointed to the Gender and Justice Implementation Committee. Judge Fleissig has received the President’s Award from the Women Lawyers’ Association of Greater St. Louis, the President’s Outstanding Service Award from the Bar Association of Metropolitan St. Louis, and the Washington University School of Law Distinguished Young Alumni Award.