Resources > Case of Dana and Jan Putnam
Case of Dana and Jan Putnam
John Lande
This is a multi-stage simulation of a negotiation of a simple probate dispute. Each instructor is likely to adapt the simulation differently, not necessarily using all the stages or assignments provided – and possibly adding new ones. This is written as a negotiation course but can be modified to add a role for mediators.The case involves two siblings in a dispute over the estate of their recently-deceased mother. The mother’s will favors one sibling, and the central legal issue is whether it was executed under undue influence. Given the facts of the case, both parties have some law on their side (at least in Missouri). The dispute is colored by the relationships and events involving the parents and children. One of the siblings is homosexual, which lawyers encounter in practice. You might alert students in case this is troubling for any of them. Half the students play parties and half play lawyers throughout the simulation. There are various assignments for lawyers to submit documents. To give students a feel for the process of collecting information, after the initial interview, the lawyers are assigned to identify the information they want. There is also a stage where lawyers argue the law, trying to persuade their counterparts, not a judge or jury.
Case of Dana and Jan Putnam: Overview and Teaching Notes (PDF)
Case of Dana and Jan Putnam: Cover Emails to Students re Initial Instructions (PDF)
Case of Dana and Jan Putnam: Confidential Information for Dana’s Lawyer (PDF)
Case of Dana and Jan Putnam: Confidential Information for Jan’s Lawyer (PDF)
Case of Dana and Jan Putnam: Dana Putnam Information (PDF)
Case of Dana and Jan Putnam: Jan Putnam Information (PDF)
Case of Dana and Jan Putnam: Final Instructions for Dana (PDF)
Case of Dana and Jan Putnam: Final Information for Jan (PDF)
Case of Dana and Jan Putnam: Instructions for Negotiation Plan (PDF)
Case of Dana and Jan Putnam: Instructions for Information Request (PDF)
Case of Dana and Jan Putnam: Lawyers’ Information Requests in Dana and Jan Putnam Case (PDF)
Case of Dana and Jan Putnam: Responses to Information Requests (PDF)
Case of Dana and Jan Putnam: Email Re Additional Information (PDF)
Case of Dana and Jan Putnam: Assessment of This Procedure – Client (PDF)
Case of Dana and Jan Putnam: Assessment of This Procedure – Lawyer (PDF)