DOUGLAS NORMAN FRENKEL University of Pennsylvania Law School 3400 Chestnut Street Philadelphia, PA 19104-6204 215-898-4628 (FAX) 215-573-6783 Email: dfrenkel@law.upenn.edu EDUCATION UNIVERSITY OF PENNSYLVANIA LAW SCHOOL, Philadelphia, Pennsylvania Degree: J.D. cum laude, May, 1972. Fellowship in Law and Psychiatry, Hahnemann Hospital Instructor, Community-Wharton Education Program UNIVERSITY OF PENNSYLVANIA (WHARTON SCHOOL) Degree: B.S. (Economics) cum laude, May 1968 Activities: Wall Street Journal Award; Beta Gamma Sigma; Chair, Wharton Student Committee on Undergraduate Education. PROFESSIONAL EXPERIENCE 2008-Present Practice Professor of Law, University of Pennsylvania Law School 1985-2008 Practice Professor of Law and Clinical Director, University of Pennsylvania Law School 1997 Visiting Scholar, University of Sydney Faculty of Law, Sydney, Australia (Spring) 1991-2001 Visiting Professor of Law: Columbia; Fordham; New York 1978-1985 Lecturer/Clinical Supervisor and Clinical Director, University of Pennsylvania Law School 1973-1978 Staff; Managing Atty., Community Legal Services, Inc., Philadelphia, PA 1972-1973 Law Clerk, Hon. Theodore Spaulding, Superior Court of Pennsylvania TEACHING EXPERIENCE Courses Taught: Mediation Clinical Seminar A theory, clinical, and participant/observation course. This has included training students in mediation role/skills and supervising student mediations in actual civil cases. Professional Responsibility: Upper-level elective and unique, required first-year course. This has included simulation-based teaching in large groups, creation of videotaped teaching materials. Negotiation; Interviewing, Counseling and Negotiation: Upper-level role/skills/ethics courses including theory and simulated cases with extensive use of videotaping. The Lawyering Process: Includes supervising student fieldwork (civil litigation); teaching of four-hour per week course in litigation-based lawyering skills and professional responsibility; creation of simulated problems and
videotaped teaching materials. Supervised student litigation has included federal and state trials (bench and jury) and many family court and administrative hearing matters. Small Business Clinical Course: Co-taught problem analysis/skills seminar (with faculty colleagues). Family Law: First-year and upper-level course. PUBLICATIONS Books: THE PRACTICE OF MEDIATION: A VIDEO-INTEGRATED TEXT (Aspen Law & Business, 2008) with James Stark (multi-media theory/practice book with video case studies). WEST'S PENNSYLVANIA FORMS AND COMMENTARY Editor and contributing author of a multi-volume set of practitioner-oriented texts with forms in areas such as Civil and Criminal Procedure, Domestic Relations, Employment Law, Business Organizations, Debtor-Creditor, etc. (in collaboration with leading practitioners). Articles: Words That Heal, Annals of Internal Medicine, Vol. 140, No. 6 (editorial, with C. Liebman)(March 16, 2004). On Trying to Teach Judgment, 12 Legal Education Review 19 (2001). Ethics: Beyond the Rules; 67 Fordham Law Review 697 et seq. (1998) law-social science study of determinants of conduct of large law firm litigators (with collaborators). Work/Life Decisions in Law Practice, chapter in Integrating Work and Life: The Wharton Resource Guide, Friedman, DeGroot and Christensen, Eds. (Jossey-Bass Pfeiffer) (1998) Videotape Teaching Materials: Mediation Skills: mediation teaching DVDs set in family, consumer, and commercial settings (Published by Aspen Law & Business, 2008) The Mediation Process: A Construction Case Study -videotaped mediation skills teaching materials set in a commercial dispute, with teacher's manual (published by American Arbitration Association, 1990).
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Who's In Charge? The Lawyer as Counselor: Process and Ethical Dimensions videotaped teaching materials on the client counseling process in litigation (published by University of Pennsylvania Center on Professionalism, 1985). UNIVERSITY OF PENNSYLVANIA LAW SCHOOL CENTER ON PROFESSIONALISM One of four faculty members who founded a Law School-based program of teaching, research and service to the profession aimed at educating the profession in the development of elevated norms of professional conduct. This project has put on courses, special programs, developed teaching videotapes, aided in drafting of new rules governing lawyer conduct. DISPUTE RESOLUTION ACTIVITIES 1. Mediator (complex and smaller federal and state civil litigation, employment disputes, higher education/institution matters, divorce). 2. Extensive experience as arbitrator in Philadelphia Court of Common Pleas, U.S. District Court (E.D. Pa.), securities-related arbitration systems and as a privately-retained and AAA Commercial Panel arbitrator. Negotiator (merger of competing nonprofit organizations, Philadelphia, PA). Coordinator of American Arbitration Association Task Force on Law and Business Schools (national faculty group aimed at increasing professional school teaching and research in alternative dispute/conflict resolution). Judicial mediation trainer: Mid-West State Court Trial Judges (State Justice Institute program, Chicago); ABA Judicial Division Training Program Wilmington, DE). Taught course in Theories of Conflict Resolution at Bryn Mawr Graduate School of Social Work and Social Research (Spring 1999). Mentor, Child Custody Mediation Training Program, Philadelphia Court of Common Pleas. Independent attorney, mediated divorce cases.
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CONTINUING LEGAL EDUCATION Subjects Taught: Mediation, Professional Responsibility, Interviewing, Counseling, Negotiation. Sessions include role-plays, use of videotape as well as lecture format; trainer of law firm, public interest and federal agency attorneys and paralegals; consultant on systems of supervision.
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ADMINISTRATIVE/PROGRAM DEVELOPMENT ACTIVITIES AS DIRECTOR OF LAW SCHOOL'S CLINICAL LEGAL EDUCATION PROGRAM (1980-2008) 1. Architect of unique role-based clinical curriculum: designed and guided development and creation of courses in Transactional Lawyering (Small Business Clinic), Mediation, Legislative Lawyering, Interdisciplinary Child Advocacy, Transnational Lawyering and externship placements. 2. Oversaw operation of school's clinical program (seven full-time clinical faculty, four staff) design and expansion of state-of-the-art law office facility and use of videotape technology; creation of clinical teaching materials, including videotaped dramatizations; fund raising including annual giving and program endowment. Obtained federal and state grants to create four new courses, expand size of clinical faculty and triple student enrollments. Led statewide effort that produced reform of Pennsylvania student practice rules (expanded to authorize practice by second-year students). Created standards for outside practitioner supervision of externship students. Association of American Law Schools (AALS): Standing Committee on Clinical Legal Education (1991-1994); Clinical Section Executive Committee (2007-2009). Member, Pennsylvania Task Force on Law School-Legal Services Collaboration.
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PUBLIC SPEAKING/PROFESSIONAL PRESENTATIONS (partial listing) “Unpacking the Art of Listening”, International Journal of Clinical Education Conference, Cork, Ireland (July 2008) “Ethical Issues in Cross-Border Mediations”, International Conference on Cross-Border Child Abductions, University of Miami Law School (February 2008) “Mandatory Mediation and The Vanishing Trial: Is Court Now the Alternative?”, Lecture, La Escuela Libre de Derecho, Mexico City (May 2007) “Mediation of Bioethics Conflict”, Jefferson University School of Medicine (January 2007) “New Clinical Teaching Methods”, Delaware Valley Regional Clinicians’ Meeting, Rutgers - Camden (December 2006) 4
“On Teaching Mediation”, New England Regional Clinicians’ Meeting, Boston, MA (October 2006) “Text Meets Technology”, ABA Conference on Dispute Resolution, Atlanta (April 2006) “Integrating Text and Technology”, Clinical Theory Workshop, New York (January 2006) “Mediation of Family Business Disputes”, AALS Annual Meeting (Jan. 2005) “International Clinical Collaboration”, Catholic University School of Law (October 2004) “Mediation of Health Care Disputes: A Process Whose Time Has Come”, Penn Bioethics Center Graduation, Philadelphia (May 2004) “Mediator Strategies”, ABA/PBA Mediation Forum, Philadelphia (June 2003) “Student Practice Authorization”, Presentation to Chinese Ministry of Justice delegation. New York (April 2002) “Mediation of Business Conflicts,” Wharton School Lecture (April 2002) “Current Trends in U.S. Clinical Legal Education”, Faculty Workshop, City University of Hong Kong School of Law (March 2001) “Mandating Mediation”, Penn Law European Society presentation, Amsterdam, Holland (June 2000) “Co-Mediation of Employment Disputes”, speaker, Northeast Regional Employment Institute, Philadelphia, PA (April 2000) “Resolving Physician-Patient Disputes Through Mediation,” Presentation/Training for Pennsylvania Psychiatric Society, Philadelphia, PA (October 1999) “Emerging Ethical Issues for Neutrals and Advocates”, Presentation at AAA Continuing Education Program, Philadelphia, PA (September 1999) “Revealing and Refining Student Moral Intuitions”, Presentation at Association of American Law Schools Workshop on Professional Responsibility, Washington, D.C., (October 1998)
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“Ethics: Beyond the Rules”, Panel presentation, plenary session, ABA National Conference on Professional Responsibility, Montreal, Canada (May 1998) “Negotiating Skills”, ABA Environmental Law Section Meeting (November 1997) “Mediator Qualifications, Licensing and Certification”, Presentation to Attorney General’s Consultative Committee on Dispute Resolution, Sydney, Australia (May 1997) “American Legal Ethics in the 90's: Implications for Legal Education”, University of Sydney Law School Faculty Colloquium (March 1997) “Negotiation Skills”, National Dispute Resolution Center, Sydney, Australia, (February 1997) “Ethics: Beyond the Rules”, panel presentation and study in progress (American Bar Association Annual Meeting) Orlando, Florida (August 1996) “Mediation in the U.S.”, Law Society of Kenya (Nairobi, Kenya, June 1996) “Clinical Goals and Possibilities”, “Administrative Issues in Implementing Clinical Programs”, “Teaching Mediation and Professional Responsibility Clinically”, plenary session and panelist presentations, Workshop on Clinical Legal Education in Africa, Addis Ababa, Ethiopia (July 1996) "Teaching Skills and Values: The Importance of Practice Setting in Developing Reflection", Presentation at Association of American Law Schools (AALS) Annual Meeting (January 1995) "Teaching Professional Responsibility", Brooklyn Law School faculty colloquium (January 1995) "Teaching Professional Responsibility in Experience-Based Courses", New York Law School faculty colloquium (April 1994) "Clinical Methodology in the Law School Curriculum", Vermont Law School faculty colloquium (March 1994) "Court-Annexed Early Mediation", Panelist, (U.S. District Court Eastern District of Pennsylvania) forum, Philadelphia, PA (November 1992) "Ethics in the Law School Curriculum", Hoffberger Center for Professional Ethics,
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Baltimore, MD. (April 1992) "Ethics and Librarianship", Northeast Conference of Law Librarians, Philadelphia, PA, (November 1991) "The Externship Classroom Component: Teaching Professional Responsibility", Association of American Law Schools (AALS) Clinical Conference, Washington, D.C. (May 1991) "Use of Videotape In Professional Responsibility Teaching", (Lecture, Demonstration), Annual Meeting, Association of American Law Schools (AALS), Washington, D.C., (January 1991) "Innovative Instruction In Professional Responsibility", (Lecture, American Bar Association Conference), "Making the Competent Lawyer: Models for Law School Action", St. Louis, MO. (November 1990) "Conflicts of Interest In Corporate Representation", (panelist, Faculty-Alumni Exchange, University of Pennsylvania Law School, Philadelphia, PA, May 1990) "Mandatory Pro Bono Service by Lawyers: For and Against", Public Interest Law Symposium, University of Pennsylvania Law School, Philadelphia, PA (April 1989) "Evaluating Alternative Forms of Court-Sponsored Mediation", (speech), AAA-AJS Model Judicial Mediation Training Program, Chicago, IL (October 1989) "Confidentiality: Ethical Dilemmas for Lawyers," (faculty panelist), University of Pennsylvania Alumni program, Philadelphia, PA, (October 1987) "Open Adoption - How Ought the Law Respond?" (panelist), Philadelphia Bar Association Conference, (October 1987) "Private Judging and the Future of Alternative Dispute Resolution", (panelist, National Conference of Judicare Judges, Philadelphia, PA, (September 1987) "Anatomy of A Civil Case" (lecture), American Judicature Society Workshop for Journalists, Reporting on the Courts and the Law (December 1985) "Path-Breaking Clinics: The Small Business Clinic", (speech), AALS Annual Meeting, (January 1982)
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CONSULTATION AND OTHER PROFESSIONAL ACTIVITIES Consultant to U.S. and foreign law schools on clinical program and simulation course design, ethics teaching Ethics Advisor, National Disability Rights Network. Clinical legal education consultant to two Kenyan law schools, Summer 1996. (ABA African Law Initiative) Consultant to lawyers and law firms on legal ethics including service as expert witness. Private Practice/Consultation (part-time, specializing in civil litigation, domestic relations, and real estate). Associate, Goodman and Ewing (Summer 1982). Skills Trainer and Evaluator B Legal Services Corporation. Special Counsel to University’s Judicial Inquiry Officer re: University disciplinary proceedings. PERSONAL Born, July 14, 1947 in New York City. Married, with two children. Admitted to practice in Pennsylvania and in Federal Courts. REFERENCES References will be furnished on request.
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