By Mark Baumann, J.D.
Hosted by the Clallam County Bar Association
At the North Olympic Skills Center
November 1, 2013, from noon to 1:00
CLE summary
RPC 1.2 is based on a “client centered” model where the lawyer is mandated to abide by the client’s decisions regarding objectives. How do you do this when client presents extreme positions or rigid/chaotic thinking? Working from real world examples, we will review the RPC’s relating to the client relationship, including withdrawal, and the historical development of RPC 1.2 to put it in context. We will review Professor Binder’s conception of client centered legal counseling. The we will review a summary of key psychological constructs relating to conflict drives, and center on the simple relationship between rejection and aggression, and the concept of linking and differentiating. Finally, a 2-part, 4-step model for engaging with clients ethically and effectively will be discussed, and a brief review of listening elements and a Top 10 List of Everyday Techniques will be provided.
Links to Select CLE Materials:
- The Ethics and Effectiveness of Client Counseling -Baumann, Powerpoint PDF
- 2013 Division II Opinion on right to withdraw, Robbins v. Legacy Health System
- [Please note: other unpublished opinions referenced in Powerpoint materials can be found at scholar.google.com]
- Professor Cunningham’s 2001 research article: The Client’s Perspective on the Initial Interview:
A Social Science Approach, generated by by the Effective Lawyer-Client Communication (ELCC) Project. - Professor Cunningham’s 2006 article: What Clients Want From Their Lawyers
- Dinnerstein: Client Centered Counseling: Reappraisal and Refinement
- Iain McGilchrist, Divided Brain video from RSA site (fun but dense 13 minute summary of his modern theory on left-right brain functioning)
- Feelings Wheel, (nice summary to help counselors and clients identify feelings) [PLEASE NOTE: the link to the Feelings Wheel in the Powerpoint slide appears to be compromised: DO NOT USE THAT LINK, this link is effective.)
Speaker Biography
Mark Baumann has practiced law in Clallam County and Western Washington for 25 years. He specializes in family law litigation and mediation. He is an associate of the High Conflict Institute, and took mediation training from the Strauss Institute for Dispute Resolution at Pepperdine University School of Law School. In 2013 Mark completed a one-year graduate credit certificate in Interpersonal Neurobiology at Portland State University (equivalent to an LLM in client relations). In October, 2013, attended a 3-day intensive on Attachment and Psychopathology in Toronto by Dr. Patricia Crittenden’s Family Relations Institute, and in 2009 attended a 2-day training in Attachment and Trauma by Bessel van der Kolk. Mark has presented high conflict and client counseling topics in Seattle, Tacoma, Portland, Denver, and Vancouver B.C. Mark’s full resume is at http://markbaumann.com/resume.
Mark may be reached by email at mark[replace with@]markbaumann.com
360-452-8688
November 1, 2013, from noon to 1:00