4 th National Client Counselling Competition

Transcription

1 4 th National Client Counselling Competition Event Date: 20 th 22 nd November, 2015 COLLEGE OF LEGAL STUDIES, UNIVERSITY OF PETROLEUM & ENERGY STUDIES, DEHRADUN

2 INVITATION U.P.E.S 4TH NATIONAL CLIENT COUNSELLING COMPETITION, 2015 We are glad to inform you that the UNIVERSITY OF PETROLEUM & ENERGY STUDIES is organizing its 4th NATIONAL CLIENT COUNSELLING competition on 20th, 21st, 22nd November, 2015 at College of Legal Studies, University of Petroleum & Energy Studies, Dehradun (Uttarakhand). We wish to invite team comprising of two students from your esteemed Institution for this competition. Kindly intimate your participation by sending to with duly filled soft copy of registration form before 20 th October, Participation is limited to legal fraternity. Only 24 teams will be selected on first come first serve basis. A maximum of two applications from each university or college will be accepted. The discipline and transparency with which this competition was conducted has contributed in its previous successful chapters leading to an increased participation from year to year since its inception. Food and accommodation for boys and girls will be provided by the organizers from to , morning. For additional information and clarification please contact Trupti Semwal, Student Convener ( )/ Shreyas Jain, Student Coconvener ( ) of 4 th National Client Counselling Competition, 2015.Format of the competition, Rules of the competition, schedule of the competition, Registration form for the participants, Travel form are attach herewith. Warm Regards; Dr. Tabrez Ahmad, Director and Professor College of Legal Studies, University of Petroleum & Energy Studies (Dehradun)

3 FORMAT U.P.E.S 4TH NATIONAL CLIENT COUNSELLING COMPETITION, (2015) 1) Each team shall consist of two student participants and would be allotted a room for the interview and counselling. Here, the two student participants will present themselves as advocates in a lawyer's chamber. The client will be a person trained by the organisers and the advocates will counsel the clients regarding the given problem. The two participants are required to elicit all relevant information from the client by interviewing or questioning the client and then counsel the client. 2) All teams will be given their tag numbers (as, A1, A2, A3 etc.) by the organisers by picking of lots. 3) The Competition is divided into three rounds, namely: Preliminary Round (2 Rounds) Semi Finals Finals 4) The teams will get an opportunity to represent themselves TWICE in the Preliminary Rounds. Thereafter, combining the scores of both the Preliminary rounds, the top 8 scoring teams shall move forward to the Semi Final Round. 5) 4 highest scoring teams from the Semi Final round shall enter the Final Round. Thereafter, the highest scoring team among all the four finalist teams will be titled as the Winner of UPES 4 th National Client Counselling Competition. 6) The Consultation Period (Interview Period): All teams will go through a 20 minutes session in prelims and a 35 minutes session each in semi-final and final rounds. The first 15 minutes in the Preliminary Rounds and 25 minutes finals are devoted for consultation with the client during which lawyers are expected to elicit the relevant information, outline the problem and propose a solution or other means of resolving the problem (Further information is contained in the Judging Standards for the Client Counselling Competition.) During the consultation and post-consultation, the team may use books, notes and other materials. The team may also use office props (Dictaphones, Files, desktop, furnishings, bookshelves etc.) and any other material to furnish their consultation room.

4 7) Post Consultation Period (Post Interview Period): During the post-consultation period, the students may either talk to each other loudly enough to be overheard by the judges, or dictate a file memorandum on the interview, or both. The concept behind the post-consultation period is to summarize the interview, indicate the scope of the legal work to be undertaken, and state the legal issues that should be researched. Explanation of the position or attitude taken by the students may be useful. Judges may question the teams during the post consultation period. 8) If the students feel that some documents are appropriate, like a letter to the client confirming their retention as attorneys, the fee arrangement etc, or a letter to opposing counsel or to the party with whom the client is having their legal problems, they may dictate such a document at the post consultation stage. 9) The Judges may penalize students who allow the interview session to run excessively beyond the 15/25 minute period allotted in the rules. However the judges in their discretion, taking into account the circumstances, may allow some more time beyond the 15/25 minute period for the interview session. If the extended consultation session allowed an opportunity for a team to gather more information than other teams, this circumstance should be taken into consideration by the judges in making their decision. If the twenty-five (25)/fifteen (15) minute interview period is exceeded, in no circumstances will the students be given more than 40 minutes to complete both tasks (Consultation & Post Consultation). Judges should stop students after 40/25 minutes regardless of whether the students are in the consultation or post-consultation process. 10) From the Preliminary Rounds, 8 teams, with the highest number of points, will enter into the Semi-Final Round. 11) From the Semi Final Round, 4 teams, with the highest number of points, will enter into the Final Round. 12) The Final Round will consist of a single panel judges. After the judges have seen all the teams performance, they should discuss each team's performance among themselves. Judges are encouraged to consult the client. The judges can discuss with the teams regarding their performance. Then judges will individually rank the teams.

5 JUDGING STANDARDS U.P.E.S 4TH NATIONAL CLIENT COUNSELLING COMPETITION, (2015) 1) Establishing the working atmosphere. The lawyers established the beginning of an effective professional relationship and working atmosphere and at an appropriate point oriented the client to the special nature of the relationship (confidentiality, duration and plan of interview, methods of contact, explanation of fees and responding to client's concerns, mutual obligations and rights, after hours availability, complaints procedure etc.) in a courteous, sensitive and professional manner. 2) Description of the problem. The lawyers learned how the client viewed his or her situation, using a combination of listening and questioning, drawing out both information and feelings, as appropriate, to develop a reasonably complete and reliable description of the problem and reflecting this understanding to the client. In this regard relevant information voluntarily said by the client could be elicited by asking relevant specific questions. 3) Client's goals, expectations and needs. The lawyers learned the client's goals and initial expectations and modified or developed them as necessary, giving attention in doing so to all aspects of the problem, including the emotional ones. 4) Problems Analysis. The lawyers analyzed the client's problem with creativity and from both legal and non-legal perspectives, resulting in a clear and useful formulation of the problem by asking relevant specific questions. 5) Legal analysis, alternative courses of action and the giving of advice. Legal analysis and the consequent legal advice given should be both accurate and appropriate to the situation and its context. Consistent with the analysis of the client's problem develops a set of potential and feasible alternatives, if any, both legal and non-legal. 6) Client's informed choice. The lawyers, having developed a set of potentially effective and feasible courses of action consistent with the analysis of the client's problem, assist the client in his or her understanding of the problems and solutions and in making an informed choice. Potential legal, economic, social and psychological consequences should be taken into account.

6 7) Effective conclusion. The lawyers concluded the interview skillfully, and left the client with feeling of reasonable confidence and understanding, with appropriate reassurance, and with a clear sense of specific expectations and mutual obligations to follow. 8) Team work. The lawyers as collaborating counsellors, worked together as a team, with flexibility and an appropriate balance of participation. 9) Continued an ethical and professional relationship throughout the interview. The lawyers recognized, clarified and responded to any moral or ethical issues which may have arisen, without being prejudicial in judgments. The lawyers developed an appropriate balance in dealing with the legal and emotional needs of the client. 10) Debriefing (Post interview Reflection). The lawyers, during the post consultation time, gave evidence of having recognized their own and the client's feelings; the strengths and limitations of their interviewing skills; their handling of the substantive aspects of the client's problems (both legal and non-legal); the quality and appropriateness of their Advice and provided for an effective follow-up. Judges should expect to see evidence of students learning through making this reflection on the experience of the interview.

7 RULES U.P.E.S 4TH NATIONAL CLIENT COUNSELLING COMPETITION, ) Each Law School/College may enter this competition with a maximum of TWO teams. Each team shall consist of two students. 2) Students pursuing Law (3 year or 5 year course) courses are only permitted to participate in the competition. Students pursuing Post-graduate courses in law are not permitted to participate in this competition. 3) All the problems will be based on the subjects of Constitution of India, Torts, Contract Law, Indian Penal Code, and Family Law. PRELIMINARY ROUNDS 4) There will be Two Preliminary rounds. Each team will get two opportunities to represent themselves in the Preliminary Rounds. Each team will get a total of 20 minutes, in each round. The following 20 minutes are to be divided in two parts, as follows: First 15 minutes is termed as Client Consultation period. The participants are expected to extract the relevant information, make an outline of the problem and make legal suggestions for its resolution. Next 5 minutes is termed as Post Interview period. The participants shall discuss the interview with the judges. The participants are to use this time to assess the interview and discuss future strategies for dealing with the client's problems. 5) It is on the discretion of the teams to decide, How will they share the work? The work plan is subject to judging. However, the teams may use a part of this post interview period to explain their work plan. The judges may question the teams during this period.

8 SEMI FINAL ROUNDS 6) Top 8 teams from the combined marks of Preliminary Round will enter into the Semi- Final round, teams will have a total time period of 35 minutes, which will be divided as follows: First 20 minutes devoted to consultation period, and Last 15 minutes for post-consultation period. 7) After all the teams have finished their respective sessions, the judges in each group shall privately consult in order to evaluate the teams. Clients may, at this time, be invited to participate in the judges consultation period. However, his/her opinion shall not be determinative. FINAL ROUND 8) Top 4 teams from the Semi Final Round will enter into the Final Round. Teams entering the Final round of the competition will have a total time period of 35 minutes, which will be divided as follows: First 20 minutes devoted to consultation period, and Next, 15 minutes for post consultation period. 9) The winning team will be awarded the UPES 4 th National Client Counselling Competition, 2015 Trophy and other prizes. The runners-up will also be awarded a trophy and other prizes. 10) Each team will receive a copy of the Judging Criteria: In order to preserve anonymity, each team will be identified by an Alpha-numeric code, which will be provided to each team during registration process. Disclosing the name of the participating college to the judges will result in a 5 mark penalty. Observers may watch any interview session but shall not be permitted to communicate with any other participating team. Scouting is prohibited and will result in a 5 mark penalty. 11) Each group will be judged by a panel of one or two judges. Each panel of judges may be from among the following categories: Practicing Lawyers, Academicians, Judges, Counsellors, and Psychologists.

9 12) The Judges and the teams shall agree beforehand to the commencing time of the interview. 13) The participating teams shall never indulge in any form of conversation with any other client, except the one provided to them in either of the rounds. Such a conversation will be considered as misconduct and the teams so interacting shall be disqualified. 14) Each judge will evaluate for a maximum of 100 marks independently. The scores of all the judges for each team will be added and then listed according to the team scores (best team scoring highest points). 15) If a tie persists, the team scoring the higher marks as according to the Point 5 of Judging Standard, will be entitled to move forward to the next round. If a tie still persists, the marks of the tied teams will be compared with respect to the following Points in the Judging Standards, until either of the team come out as a clear winner: Point 4, if still a tie, then Point 3, if still a tie, then Point 7, if still a tie, then Post Consultation Session with the Judges (of 10 minutes each) 16) Each institution participating in the competition can send only TWO teams consisting of two students each. Their travelling expenses shall be met by their respective institution. Food and accommodation for all participants will be provided by the host College FROM 20 th November, 2015 (morning) TO 22 nd November, 2015 (morning). 17) Accommodation shall only be provided for teams coming from outside Dehradun. Female participants are recommended to take compulsory accommodation. 18) Registration of the participating teams for this competition shall be done by sending a mail at upes.clientcounselling@gmail.com. The mail shall contain a soft copy of the registration form. Upon receiving an confirmation from the host institution, a registration fee via NEFT (as per mentioned in point no. 19) Drawn in favour of: University of Petroleum & Energy Studies Account no: Bank: Yes Bank IFSC Code: YESB Text Message: Fees for UPES 4 th National Client Counselling Competition, 2015 from

10 Last date for Provisional Registration 20 th October, 2015 Last Date for Payment of Fees 23 rd October, ) Registration fee: Rs.3,000/- per team. 20) Hard copy of the registration form shall be submitted at the time of Registration. CASH AWARDS a. Winner Worth Rs. 25,000/- (in cash and other additional prizes). b. Runner-up Worth Rs. 15,000/- (in cash and other additional prizes). For additional information and clarifications please contact; FACULTY CONVENOR DR. MAMTA RANA FACULTY CO-CONVENER (MCA) PROF. KAVYA SALIM FACULTY CO-CONVENOR (CLIENT COUNSELLING) PROF. KRISHNA DEO SINGH STUDENT CONVENOR TRUPTI SEMWAL ( ) STUDENT CO-CONVENOR SHREYAS JAIN ( ) Please Note: The Host Institution is entitled to change the format of the competition, without prior intimation.

11 SCHEDULE U.P.E.S 4TH NATIONAL CLIENT COUNSELLING COMPETITION, (2015) 1. Day a. Registration of teams - 2:00 p.m. b. Opening ceremony - 3:00 p.m. c. High Tea - 4:00 p.m. d. Draw of lots p.m. 2. Day a. Preliminary Round 1-9 a.m a.m. b. Preliminary Round 2-11:30 a.m. - 1:30 p.m. c. Lunch - 1:30 p.m. - 2:30 p.m. d. Announcement of Result p.m. e. High Tea - 4:30 p.m. f. Announcement of Result - 5:00 p.m. 3. Day a. Semi-final Round - 9.a.m a.m. b. Announcement of result p.m. c. Lunch - 1:00 p.m. c. Final round - 1:30 p.m. - 3:30 p.m. d. Valedictory session p.m.