INSTRUCTIONS FOR FIRST SIMON EXERCISE

You will have 15 minutes for the initial meeting with Simon. Explain to Simon that you must leave for a court date in 15 minutes but that you have already scheduled time for a follow-up meeting next week (the day before the hearing). Use the 15 minutes as you think best, but be as realistic as possible and stay in role at all times as you learn why Simon is requesting your assistance and what are the objectives of the requested representation. The only other requirement is that at some point during the initial interview you must explain to Simon about your duty of confidentiality under the Rules of Professional Conduct. Assume that at this point in time the applicable ethical rules were the "New York Rules of Professional Conduct (NYRPC)" and that NYRPC 1.6 and NYRPC 3.3 that were identical to Georgia Rules 1.6 and 3.3. Do not try to explain attorney-client privilege (law of evidence) or use the term "privilege."

The explanation should be accurate, complete and comprehensible to the client. Simon is a high school graduate and understands as much about the Housing Authority rules governing eviction as you do, just from living in the "projects" for a number of years. Use language you can expect he or she will understand but do not "talk down" to Simon.

I will select -- from among the students indicating they were willing to participate in a role play in front of the class -- one student to conduct the 15 minute meeting. However, EVERY student should be prepared to discuss in class how to conduct the initial interview, even if the student indicated on the Student Information and Learning Contract Form "I would prefer not to participate in a role play in front of the class."

Simon will be played by someone who took this course in a prior year. Everyone else is in the role of an observing co-counsel, taking good notes both of the information learned from Simon and the explanation of confidentiality provided (including any questions from Simon about confidentiality).

After the role play is concluded, you will meet in your firms to discuss (1) any additional explanation of confidentiality that you would have provided had you conducted the meeting and (2) any additional information you would like to learn from Simon in this meeting. Each firm will then select a firm representative to continue the meeting with Simon to provide those explanations and learn the information (as if the student had been sitting in on the meeting as co-counsel). (Firm representatives can stay in their regular seats as they talk to Simon and can confer with the rest of the firm as the meeting proceeds.)

This exercise requires careful and thoughtful preparation. You should assume that the quality of your preparation and contribution to your firm's work during this exercise could be a significant factor in any evaluation of "how diligent and constructive you have been as a firm member". See Firms.