duction to Simulations For most of the module you will work on simulated cases and matters. This introduction will be gentle at first with familiar faces playing clients and clear guidance as to the steps you need to take. As your skills develop, you will be more autonomous in handling cases. We use 'simulation' to describe any session or exercise that simulates, to a greater or lesser degree, aspects of what lawyers do in the real world. Just as PBL provides 'messy' legal problems to raise issues that cross subject boundaries, simulated cases provide realistic, messy and complex problems that introduce you to aspects of practice. You will have to amalgamate your technical knowledge with the use of legal skills whilst encountering different types of uncertainty that come with problem-solving in the real world. Here are some guidelines when working on simulations: As with PBL, your tutors are there to facilitate the process and not to spoon feed you with information on the law and facts. The fundamental key to developing skills in simulations is that you learn by doing (e.g., as per Kolb). The tutor's role is to guide and assist your discussions and activities, and to give you feedback where appropriate. You may need to select a leader, scribe and volunteers for specific tasks. There will be preparatory tasks in advance of each workshop and follow-up tasks after a number of workshops too, as well as the workshop activities themselves. In all cases, when these involve creating written outputs, e.g., an interview plan, letter to client, keep these for your assessed portfolios. Simulations have a different temporal element as compared to real-life cases. That is, you will experience elements of cases or transactions at a different speed to that in practice. Pay particular attention to deadlines that you have been set for submission of documents, etc. If you miss them for any reason then you may be disadvantaged as the simulation progresses. We will let the simulations progress without too much intervention. This might mean that you will not be corrected immediately or advised directly how to approach an interview or negotiation: learning by doing involves a degree of development through failure. If you missed a vital document because you failed to identify it, then you need to understand what would be the real world potential consequences of that failure. For the simulation to work properly we sometimes have to be economical with the facts. The exercises are designed to provide sufficient issues of fact and law to be challenging. However, on occasion, it may be necessary for you to make assumptions as to additional facts. When making such assumptions, they should be credible, not be invented solely to benefit your client or firm, and should not conflict with the overall fact pattern. On some occasions we will either 'nudge' you in the right direction or present you with evidence that you haven't asked for - whether they be documents, witnesses or even real evidence. We also might make presumptions about interim events. The alternative would be that the simulation would not progress smoothly. As part of some simulations you will have to deal with students representing another client. To begin with we will give you quite clear directions as to how you should deal with 'the other side'. Thus there will be specific opportunities to contact them via e-mail/letter or to meet them. Other contact and discussion with them is not encouraged as it may make the simulation more difficult to manage. Equally, you must not disclose your side's facts or planned activities to others inside or outside workshops, as this will upset the flow of the simulation and reduce the learning to be gained. As you develop, you will be given more freedom to conduct matters as you think fit, especially in Advanced Legal Skills during the Second Year when you will be expected to conduct your own case. During the simulation your tutors will act as arbiters. Any points of law, practice or procedure or any issues as to facts should be directed to them. Their decision is final. Disclaimer. All our cases are simulations. Any resemblance to real persons, organisations or incidents is entirely unintended and coincidental. The aim of simulations is to help you learn and develop skills in context - it is not a competition. There will be things you get right and, inevitably, some things will go wrong. The key point to remember is that your failures and successes take place in a supportive environment - where you can learn from your mistakes and build upon your strengths. Role Play Simulation depends largely upon different levels of role-playing. Participants are not 'real' lawyers, clients or witnesses. Role-playing requires participants to act and react in terms of the assumptions they are asked to adopt, the beliefs they hold and the role they are playing. Although there is a need to put yourself into the role, no acting is required because you are simply 'playing' your version of the role, i.e., you only need to accept the assumptions, beliefs, background and anticipated behaviours of the role adopted. The final outcome of a simulation in which role-playing is used is not pre-determined and the simulation is unrehearsed and spontaneous. Any 'clients' or 'witnesses' will have scripts that they will adhere to and occasionally expand upon. They will never make up facts that do not fit with the role. Participant-observers Because there are a large number of firms and a restricted amount of time in which to undertake the simulation, it is inevitable that not everyone will always be able to take the primary roles when practising skills. For example it is not feasible (or advisable!) for 12 people to interview a client. Therefore in some of the skills sessions we will be asking some people to act as participant-observers. We will try and ensure that everyone is given a chance to practise skills in different contexts throughout the module. A participant-observer plays a critical role both in observing and giving feedback on others performance but also in considering how they would improve and develop their own performance based on seeing others. The role of Participant-Observer The role of observers is to examine the simulation process as it unfolds in a formal and critical manner. Observing skills is an active process that requires: 1. Planning and pre-thought Think about the skill(s) you are observing. Consider the guidance you have been given and note in advance what you expect to see participants demonstrating. 2. Observation and recording Now watch the participants undertake the simulation exercise, recording how the participants perform the skills in question. Make notes of specific things that participants say or do, i.e., try to avoid generalization. 3. A summary of the observations Make a summary of the observations to enable you to provide feedback. 4. The provision of feedback Provide feedback to participants. Always remember that the principal aim of feedback is to assist development and improve performance. Therefore, though you may criticise a performance, that criticism should be constructive, never destructive. Adopt the following steps: Evaluation: give the person an opportunity to comment on his/her performance Headline: identify point or points for feedback Playback: what they did - be as precise as possible - use the exact words or actions Prescription: how to improve - again be as specific as possible Rationale: why it works and how to apply it in the future. Note the following Select a point or points you can fix Be specific not general. "That was really good" is not useful feedback; "Your opening question allowed the client to tell you their problem in their own words" is more useful. You may find it helpful to take a note of words that were actually said (e.g., "Please can you tell me why you've come to see me and how I can help") or the exact sequence of events. Give feedback on the performance not the person Be candid, neither harsh nor fawning Avoid feedback overload: concentrate on two points at a maximum Providing feedback is not something you are doing only for the benefit of those who receive your comments. It will prove useful to you later on in developing your own skills. Thinking critically about the use of skills by others is an excellent way of deepening your own understanding (and therefore subsequent development of those skills). 5. Reflection captured in your Reflective Learning Journal Observing others undertake skills can still promote reflection in the process of skills development. This may include reflection on what you saw; the feedback given; what you might have done differently; or what you may do differently if you were given the opportunity in future. Break this down into notes