Lawyer’s Skills and Values Assessment

Assignment Overview

Scenario 1: Argumentative Traffic Accident Client

Role Play: Lawyer and Client

Message from Reception to the Lawyer:

Mr. Le is coming to see you about a car accident he had. I need to warn you that the client seems pretty upset.

Client Instructions: Hung Le
(The lawyer should not look at these until after conducting the interview. The client reads the instructions beforehand and responds according to the lawyer’s questions.)

• Personal Details:

  • Name: Hung Le

  • Age: 25

  • Occupation: Student

  • Vehicle: 10-year-old Toyota Corolla

• Accident Details:

  • Date: Last Saturday

  • Location: Country outside Melbourne, near the village of Broadford

  • Scenario: Driving on the main highway heading towards Broadford from Melbourne. Intended to turn left onto Broadford Road.

  • Road Conditions: Dual carriageway with two lanes in each direction. Client was in the left-hand lane, attempting to turn.

• Accident Description:

  • A car ahead braked abruptly with no apparent reason.

  • Hung Le collided with the rear of the car as stopping in time was impossible.

• Client’s Belief:

  • Hung Le believes the other driver is at fault.

  • The client has a damage quote for $2,500.

  • Hung Le suspects the other driver may have stopped deliberately to cause the accident.

• Personality Notes:

  • Argumentative by nature.

  • Will not easily accept “No” as an answer.

Scenario 2: Power of Attorney – Client

Role Play: Lawyer and Client

Message from Reception to the Lawyer:

Kimmy Lee is coming to see you this afternoon.

Client Brief: Kimmy Lee

• Purpose of Visit:

  • Planning to go overseas.

  • Wants to set up a Power of Attorney so her sister can manage her bank account and other responsibilities while she is away.

• Preparation Notes for Lawyer:

  • Conduct a cursory search for Powers of Attorney on the Office of Public Advocate website.

  • Be ready to explain the types, scope, and legal implications of Powers of Attorney.

  • Consider practical advice for financial and personal decision-making powers.

Assessment Requirements Summary

The assessment involves practical role-play exercises where students act as lawyers and interview clients. The key requirements are:

1. Scenario-Based Role Plays:

   • Scenario 1: Argumentative Traffic Accident Client

     • Client: Hung Le, a 25-year-old student who has been involved in a rear-end collision.

     • Task: Conduct an interview to gather details of the accident, assess liability, understand client expectations, and advise on potential next steps.

     • Challenges: Client is argumentative, upset, and may not accept “No” easily.

   • Scenario 2: Power of Attorney Client

     • Client: Kimmy Lee, planning to go overseas and seeking legal advice on creating a Power of Attorney.

     • Task: Conduct an interview to understand client needs, explain the types and scope of Powers of Attorney, and provide practical guidance for decision-making while overseas.

2. Skills and Knowledge Tested:

   • Client interviewing and active listening.

   • Identifying key facts and legal issues.

   • Explaining legal concepts clearly and accurately.

   • Managing client emotions and challenging behaviours.

   • Applying legal knowledge to practical, real-world situations.

3. Preparation Requirements:

   • Scenario 1: Understanding traffic accident liability, damage assessment, and client concerns.

   • Scenario 2: Basic knowledge of Powers of Attorney (Office of Public Advocate resources recommended).

Approach Used by the Academic Mentor

The Academic Mentor guided the student through the assessment with a structured approach:

Step 1: Understanding the Scenarios

• The Mentor explained the purpose of each scenario and emphasized the differences between them: one focusing on civil liability and client management, and the other on legal documentation and advisory skills.

• Student was instructed to note client personality traits, motivations, and potential challenges.

Step 2: Preparing for the Client Interview

• Scenario 1: Reviewed traffic laws, liability principles, and damage calculation methods. Discussed strategies for handling an argumentative client.

• Scenario 2: Reviewed Powers of Attorney types, legal implications, and practical advice for financial and personal management.

Step 3: Conducting the Role Play

• Student practiced active listening and open-ended questioning to gather facts.

• Mentor provided prompts on how to respond to emotional or challenging clients (e.g., Hung Le’s argumentative behaviour).

• For Kimmy Lee, the student was guided to explain legal concepts clearly, assess client needs, and offer tailored advice.

Step 4: Recording Key Information and Advising

• Mentor instructed the student to organize facts systematically and identify the key legal issues.

• Scenario 1: Evaluate responsibility, damages, and next steps in pursuing compensation.

• Scenario 2: Explain procedural steps for establishing a Power of Attorney, clarify powers, and provide practical guidance for management while overseas.

Step 5: Reflection and Feedback

• Mentor reviewed the student’s performance in terms of:

  • Accuracy of legal advice.

  • Communication clarity.

  • Handling of client emotions and difficult behaviours.

• Feedback focused on areas for improvement, including legal reasoning, question techniques, and client engagement.

Outcome of the Assessment

Following the guided approach, the student successfully:

• Conducted structured client interviews for both scenarios.

• Gathered accurate and relevant information while managing challenging client behaviour.

• Applied legal knowledge to real-world client situations.

• Provided clear, practical advice regarding liability and Powers of Attorney.

• Demonstrated professional communication skills and client-focused problem solving.

Learning Objectives Achieved

1. Developed effective client interviewing skills, including active listening and questioning techniques.

2. Applied legal knowledge to practical scenarios, both in civil liability and Powers of Attorney.

3. Learned to manage challenging or emotional clients in a professional manner.

4. Improved ability to explain legal concepts clearly and concisely.

5. Enhanced problem-solving and critical thinking skills in client advisory contexts.

6. Practiced reflective skills to assess performance and identify areas for improvement.

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