Reaching the limits of a policy argument

(and giving the client the bad news)

Robert AndersonProfessor of the Practice of Law

University of Denver Sturm College of Lawranderson@law.du.edu

Fact gathering Exploring policy arguments Reaching the limits of policy Giving the client the bad news

A modular exercise

Context for the exercise Exploring the keys to

objective analysis Understanding the power of

binding authority Set up for the exercise

A modular exercise

Divide students into attorney-client pairs

Attorney conducts client interview

1st module: fact gathering

Provide primer on search and seizure law

Lead discussion of policy and fairness arguments

2nd module: exploring policy

Read and discuss Caballes v. Illinois

Listen to and discuss U.S. v. Johnson oral argument

3rd module: Reaching the limits of policy

Return class to attorney-client teams

Attorney delivers Caballes analysis to client

Client responds

4th module: Giving the client the bad news

Take it slow Can’t take it slow? Break it into pieces

Lessons learned

Similarly themed exercises? Your lessons learned? Suggested mods and patches?

Questions: yours and mine