Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
242.91 sec. 001 - Managing Difficult Conversations (Spring 2025)
Instructor: Mark J Lehocky (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person
Meeting:
Th 3:35 PM - 5:25 PM
Location: Law 240
From January 16, 2025
To February 27, 2025
Course End: February 27, 2025
Class Number: 32960
Enrollment info:
Enrolled: 20
Waitlisted: 0
Enroll Limit: 24
As of: 11/22 12:05 AM
Exploring the art of managing difficult legal conversations working with clients, adverse interests and the public in legal disputes, crisis events and deal-making. The class combines exercises and simulations with case studies and guest speakers -- behavioral scientists, law firm leaders, government and corporate counsel. We examine scientific data explaining handicapping errors and their cause, individual and organizational dynamics and case studies that reveal distortions and impede effective decision-making. We then explore and practice strategies to improve understanding, advice, outcomes as well as professional and personal growth. To that end, we'll examine steps to improve individual as well as group decision-making, through class modules and simulations that include:
- Client debriefs and preliminary advice exploring the dangers of limited information and rushes to decide;
- Behavioral science and steps to manage confirmation bias and reset expectations, including "red team" assessments;
- Bad behavior, crisis events and critical conversations, focusing on examples such as Theranos and FTX;
- Negotiation dynamics, including managing internal and external expectations; and
- Navigating through a dispute, starting with preliminary risk assessment, managing the internal conversations, engaging with adverse interests, recalibrating and retesting assumptions and strategy, and finally a simulated mediation and decision-making process.
The learning objective of the course include (a) understanding the sources of conflicts, misperceptions and avoidable problems with various legal and non-legal constituents; (b) preparation and strategies to avoid, reduce and resolve conflicts -- internally and externally, and (c) incorporating these learning to improve individual growth and effectiveness.
The instructor, Mark LeHocky (Berkeley Law, Class of 1979), is a former complex litigation attorney and former public company general counsel. He is also a mediator and arbitrator who has been repeatedly voted Mediator of the Year and among the Best Lawyers in America for his ADR work. At Berkeley Law, Mark has co-taught "Being General Counsel" (Law 251.73) for several years, and previously also taught at the Haas Graduate School of Business on managing the legal environment and business decision-making. See www.marklehocky.com for more background.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.
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Requirements Satisfaction:
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Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Simulation Courses
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