STANDARDS OF OPERATION

ALL CLINIC FACULTY AND CLINIC STUDENTS WILL ACT IN A PROFESSIONALLY RESPONSIBLE MANNER.

All persons working in the clinic are expected to be familiar with the Ohio Supreme Court Code of Professional Responsibility and to act in accordance with this Code.  These rules are very important.    Those that do not adhere to Rules II and IV may not receive a passing grade in this course. If you have any questions about professional responsibility in the course of your clinic work, you should consult with your supervisor or the Director of the Clinic.

There are several copies of the Supreme Court Code in the Clinic (it is part of the Trial Rules book).  The section on office procedures will deal more specifically with conflict of interest problems and fees. 

OUR CLIENTS DESERVE QUALITY REPRESENTATION.

While the goal of the clinic as a law school course is the study of law, we must not lose sight of our responsibility to be zealous advocates for our clients.  The needs and wishes of clients must be taken into consideration.  The fact that clients are not paying for our services does not mean that they deserve less service.  Client satisfaction depends not only upon the outcome of a case, but also upon how the client was treated.

ALL CLIENT-RELATED MATTERS ARE CONFIDENTIAL.

The Code of Professional Responsibility prohibits an attorney from disclosing information about a client to others without the client's permission, with certain limited exceptions.  Lawyers may discuss client matters within their own offices.  In the Law Clinic, this means that students may discuss client matters with other students in the clinic, faculty and staff.  CLIENT MATTERS SHOULD NOT BE DISCUSSED WITH NON-CLINIC STUDENTS, NON-CLINIC FACULTY, SPOUSES OR FRIENDS.  Client matters should not be discussed, even among Clinic colleagues, in non-private areas such as classrooms, the student lounge or the lobby.  Be discreet.  This rule does not prohibit students from discussing general areas of law with other faculty as long as these discussions are not case specific.

ALL MEMBERS OF THE CLINIC MUST GUARD AGAINST CONFLICTS OF INTEREST.

Students should be sensitive to any conflicts of interest problems, which might arise in connection with outside employment.  Each student must fill out an outside employment form and keep supervisors informed of any changes in their employment.  It is the responsibility of each student to notify clinic faculty about all potential conflicts between outside work and work in the clinic. 

In addition, students must work with their clients to identify any or all persons or entities that may have interests adverse to or in conflict with a client.  Accurate and comprehensive information about potential conflicts of interest must be communicated to the office coordinator and entered into AMICUS as described below. 

AN ATMOSPHERE OF RESPECT FOR CO-WORKERS AND CLIENTS IS ESSENTIAL.

Clinic faculty, students, and support staff work as a team. Our goal is to foster a collaborative and professional working environment. Each member performs a different function in providing quality legal services to our clients.  Everyone experiences a multitude of demands on his or her time, and we must be considerate in what we ask each other to do.    We are all here to work for our clients.  Clinic faculty and staff are here to assist you in developing lawyering skills and ensuring quality representation of clients. Treat each other, your clients, and Clinic staff with the utmost respect.  Be mindful also of the University of Dayton 's policies on the Dignity of Persons Within the University Community and Standards of Behavior and Sexual Harassment. 

MAINTAIN OPEN COMMUNICATION WITH SUPERVISOR.

The practice of law requires open channels of communication between the attorney and the client, and a quality learning experience in the clinic requires open channels of communication between the student and the supervisor.  It is important that students bring their own ideas about how a case might be approached to case conferences.  Clinic faculty provides direction and assistance, but will often encourage you to do your own thinking, planning, and research in developing case strategy.  There is frequently more than one way to approach a situation.  Students may find in discussing cases with other attorneys and supervisors that there may be disagreement about which way is best.  If you disagree with your supervisor, let him or her know that you disagree and why your approach could be better.  By the same token, if you need more assistance or direction on a case, you should talk about this with your supervisor.  It is not OK to sit in the office and hope someone will notice that you are overwhelmed; let someone know.  If you cannot make an appointment or meet a commitment, you must notify everyone involved, including your supervisor.

FOLLOWING OFFICE PROCEDURES IS NECESSARY TO THE EFFICIENT AND SOUND OPERATION OF THE CLINIC.

While completing forms, maintaining files and getting approval can be a bother, it is a necessary bother. Office procedures provide a mechanism for monitoring the progress of cases, documenting student participation, and gathering statistics. Office procedures are management tools.  Many clinic alumni who found them to be a nuisance while they were working in the clinic have returned to get copies of some of these procedures to assist them in managing their own offices.

CHANGES MAY BE IMPLEMENTED PERIODICALLY BY CLINIC FACULTY AND STAFF. 

  Section II - Procedures

1. LEGAL INTERN CERTIFICATES

You are practicing law in this course pursuant to Rule II and Rule IV (Exhibit A) of the Ohio Supreme Court, Limited Practice of Law by Legal Interns.  It is important that you read and familiarize yourself with the rule's requirements.  You must have your Legal Intern Certificate before you can appear in Court.  If you do not have a certificate, please see your supervisor immediately. Bring your Intern Certificate with you to Court.

2. IDENTIFYING YOURSELVES

All third-year students who are certified to practice by the Ohio Supreme Court must identify themselves in all correspondence, outside contacts, etc., as a "legal intern".

Your supervisor is required to sign all letters, pleadings, or other documents by rule of the Ohio Supreme Court.

3. OFFICE SPACE

The Law Clinic in Keller Hall offers a real-life law office environment with plenty of space for students to work.  There is a large student work area located in the central portion of the Law Clinic.  This work area contains sixteen individual computer-linked workspaces exclusively for Clinic student use.  There are two Interview Rooms (C and D) to be used primarily to interview clients and witnesses.  There is a conference room that may also be used by students who are working on a Clinic-related project.  The Conference Room is ideal for working with teams or meeting with a group of clients.  If you wish to schedule either the Interview Room or the Conference Room, write your name in GREEN INK on the wall calendar and indicate the room you are reserving and for what period of time.

Keys to Office Space

The clinic coordinator has a set of keys that access both Conference Room E and the Storage Room (houses the audio video equipment to tape sessions in Rooms C&D).  For after hours, there is a spare set of keys in the clinic kitchen in a coffee mug labeled "Ken" located in the bottom cabinet under plants.

 4. COMPUTERS

There are sixteen (16) computers in the Clinic for your use, located in the student workroom.  Computers are loaded with Microsoft Office, Word, AMICUS Attorney, Westlaw, Lexis and Lotus Notes Mail. Please do not change any software settings on any of the Clinic computers.  It is very important for you to use these computers for all Clinic written work.  You will, for the most part, type drafts and final copies of documents and print your own work.  If you need Clinic staff to help with big jobs, you should discuss this with them in advance.  There is an HP Laserjet 4050N for your use within the workstation area.  You also have the option of utilizing the HP Laserjet 5M located in the student work area next to the fax machine. If you need assistance with the computers, printers, printing paper or software, see the Clinic Coordinator.

Please do not use other computers and bring work from them onto Clinic computers without prior approval.  Viruses are nasty things, and we would prefer to keep our computers clean!  While you will complete most of your own work, NO WRITTEN WORK OF ANY KIND CAN EVER BE SENT, FILED, OR OTHERWISE LEAVE THE CLINIC WITHOUT PRIOR APPROVAL AND SIGNATURE FROM YOUR SUPERVISOR.  

A. Computer Disks - Each student is allotted one disk for use during the semester.   You must return the disk at the end of the semester or you will be billed for it.

B. Logging In – You are assigned a particular computer for your use during the semester.  Please let the clinic coordinator know what your login password is (was issued to you as a first-year law student).

When you turn on your computer, your user ID name will automatically appear on your computer.  Type in your login password.  This will gain you access to clinic software, including AMICUS Attorney, which has client data.

We need to keep confidential client information secure.  Please shut down your computer when you leave for the day.

5. STUDENTS' RESPONSIBILITIES

Each student is responsible for his or her own filing, copying, faxing, initial typing and printing.

A.  Internal Office Filing - It is important that you make two (2) copies of all final and signed written work.  You file one (1) copy in the case file and/or file tray marked "To be Filed" and place the second copy in the box labeled "Central Files."

B.  Copying - You are normally expected to do your own copying.  The copier in the Clinic work area is our primary copier.  You may use the copier on the 4th floor (see clinic coordinator for code) for large-scale copies that require collating and stapling.  Please ask clinic staff if you have any questions about using any of the copiers.  The copier is for Clinic use only, and is not for your personal use nor for other class work.

C. Faxing - The fax machine is located next to the laser printer.  A Clinic fax cover sheet (attached as Exhibit B) needs to be sent with the documents to be faxed.  Fax cover sheets for the Clinic are located in the work area.  All material to be faxed must be Law Clinic-related.  Our fax number is (937) 229-4066 in case someone wants to fax documents to you.  If you need assistance, have questions or need the fax code number, please see clinic staff.

D. Students' Written Work - When assisting clients, you will sometimes be required to produce written work.  This work may take the form of letters, pleadings, legal memoranda, negotiation plans, etc. NO WRITTEN WORK MAY GO OUT OF THE OFFICE UNTIL IT HAS BEEN APPROVED BY YOUR SUPERVISOR IN WRITING.  Please take the following steps when drafting any written work:

1)     Compose your first draft on your assigned disk using only word-processing on clinic computers.  See clinic staff for letter and pleadings formats. The Clinic computers are all loaded with Microsoft Office98 and Word.  We have had a lot of problems with students using other software and this has resulted in unnecessary crises.  Use installed software.

2)     Save all documents in your folder located on the "N" drive in addition to saving it on your assigned disk. This will allow your supervisor access to the document from his or her computer, and will give you a back-up disk.  Save every document as:
N:\Team32\cliedoc\client's last name first initial\brief description

(e.g. N:\Team32\cliedoc\JonesR file\closing letter)

3)     Print a copy of your draft. Write "draft" at the top of the draft. Place the copy of your first draft in your supervisor's box.  Write any deadline for the document in red ink on the top of the draft.

4)     You should expect to receive either a corrected draft, a draft with additional comments or a note asking you to see your supervisor within a time period appropriate for the type of document you have drafted.  If you think your supervisor is taking too long, send an electronic "stickie" note from the AMICUS Attorney program or ask him or her if s/he has made corrections or if s/he needs to meet with you about the document.  If you cannot track down your supervisor, leave a note in his or her box or via AMICUS stickies.

5)     You may trade drafts once or several times with your supervisor, depending upon many factors.

6)     AFTER you receive "final approval" you may print the final version.  See clinic staff or your supervisor for appropriate paper (i.e. redline, letterhead or plain).

Margins

Redline Paper
Top = 1.5" (front page only) subsequent pages = 1"
Left = 1.5"
Right = .6" or .7"
Bottom = 1"

Letterhead
Top = 2.5"  (varies with length of letter)
Left & Right = 1"
Bottom = 1.5"

By order of the Ohio Supreme Court, ALL written work must be signed by your supervisor.  Any student who mails or distributes any written work without a signature and approval is guilty of a breach of ethics, and may not pass the course.

The above steps are critically important for ensuring the quality of the learning experience and of the final work product in the office.  Students come into the Clinic with a wide range of experiences, talents and abilities.  We are essentially a law office with a constantly changing legal staff.  It is crucial that we keep controls on final work products. These rules will be enforced strictly.

E.  Telephones

Your phone have been programmed to transfer after (4) rings to an automated menu that gives the calling party the option to press "0" to leave a message.  If the caller opts to press (0), the phone line will go to the front desk phone (3817) to leave a recorded message.  The clinic coordinator/student workers will retrieve your voice mail messages from the front desk phone.

Note:
Effective 8-4-00 , the campus phone system made the following changes:

Dial "8" for an outside line (same applies to the fax machine)
For Faculty/Staff, dial 9xxxx
For Students, dial 7xxxx
(Student phones will use the new exchange of 627)

On your business cards, please indicate your individual 4-digit extension. Also, jot down your office hours on the back of this card, so your client(s) do not have to second guess when you're in or out of the clinic to receive calls.

When you answer the phone, begin by saying, "UD Law Clinic...   this is __ (name)___."    Use the phone message books with carbonless duplicates when taking messages.

In your closing and transfer memos to clients, only give the main desk # 229-3817 as a resource to call to avoid confusion during the next semester's clinic class.

Note:
It is not good policy to give your home phone number to your clients.  They can reach you at the Clinic or leave a message for you to call them.

When you need to make a local call, dial 8 (effective 8/6/00 ) and then the number.  All long distance calls must pertain to Clinic business and must be logged. Telephone log sheets for long distance calls are taped in each student carrel.

6. ASSIGNMENT OF CASES

All your cases will be assigned directly to you by your supervisor. Effort will be made to give you a variety of cases to ensure a good clinical experience.  However, given the vagaries of client intake, you may experience some overlap in the kinds of cases you are assigned.

7. AMICUS ATTORNEY – CASE MANAGEMENT SYSTEM

Each faculty, staff and student computer is loaded with the software case management program "AMICUS Attorney."  It is essential that you familiarize yourself with this software immediately.  You will be entering data into electronic client files directly on the computer, and then using this data in several ways.  Your supervisor and clinic staff will also have access to the information you put in client files on AMICUS.

Your AMICUS Attorney office will contain the following:

A.      Client Files that have been assigned to you.  Make sure your supervisor’s name and the clinic coordinator are also included on the file under the caption "Lawyer's Assigned."  This will ensure that both you and your supervisor have access to the file from your desktops.  You should not have access to other client files.  If any information about your client changes (e.g. name, address, phone number, etc.), please update the information in the computer file.  As you become aware of the people who are involved in the case (e.g. opposing attorney, witnesses, relatives, social workers, etc.), please enter their names in the file under "People in this File" and enter other data that you have in their "Contact" file.

B.      Contact (Rolodex)

Some information will be placed in the contacts section before you start.  If you have to look up a useful phone number, please enter it in the contacts section.  Please do not enter personal contacts in the system.

C.      Calendar

You are expected to use the calendar for all Clinic business.  You also need to enter your class schedule and work schedule onto your calendar.  You may enter personal information on the calendar but you are not required to do so.  However, it would be helpful if you block out personal time, even if you do not wish to identify what you are doing; you can simply mark it "personal."  Everyone in the office will have access to everyone else’s calendars; this will help everyone schedule meetings, etc.

D.      Time Entry

You should create a time sheet entry every time you work on anything related to the Clinic.  This includes client work, class preparation and participation, meetings with your supervisor, etc.  Client-related work should be linked to the client file. At the end of each week, you are required to print your Clinic time sheets for the week and submit them to your supervisor.  To print your weekly time, do the following:  1) click on the "time sheets" icon in the office toolbar, 2) post all time by clicking on "Unposted time entries" from the drag-down list in the upper left corner, 3) click on post until all entries are posted, 4) choose "Search Time Entries" from the drop-down list at the upper left corner, 5) tell AMICUS to search for time entries between [fill in dates from Monday through Sunday of a given week], 6) click on the "File" menu and choose "Print."  Place the Time Sheet (see Exhibit C) with your Weekly Status Report (see Exhibit D) as a cover sheet in your supervisor’s box.

Your supervisor will use the data to assess your workload in the Clinic.  Although time spent in the Clinic varies, you should expect Clinic to take 18-20 hours of your time each week.  If you are working consistently fewer than 18 or consistently more than 20 hours each week, your supervisor will adjust your work level accordingly.  We recognize that some weeks will be busier than others, and you may, in fact, work 30 hours in a given week if your caseload requires it.

E.       Familiarize yourself with AMICUS file "pages":

Each AMICUS file will have several different types of "pages."  They are:

File Summary Page

This page should give the reader a quick overview of what is going on.

Think of this page as your quick docket sheet.  On this page you should keep a running chronological log about this file.  List any important events in reverse chronological order, with the newest events listed first.  Include meetings with any parties, court appearances, and other significant events.  When a person first pulls up the Client’s file, this is the first page they will see.  A more detailed record of what you are doing is located in the "General Notes", "All Events" and "Chronological" pages (see below); the "File Summary" page should allow a person to understand what is happening with one quick glance, and is essentially an outline of case events and work.

IMPORTANT!!

Anytime you add to the log, print it, (click on "File" and "print pad") and place it in the hard copy file.

General Notes Page

Think of this page as "Detailed Notes" or "Narratives." This page will have in-depth records of all meetings, court appearances or other events that happen in this case.  This is the place for the student intern to write in-depth narrative descriptions of things that are taking place and possible strategies to pursue. Initially, this page will contain the information you put in about the case when you open the file on the computer.  After your first client meeting, this page is where you should write your narrative description of that client meeting.  Additional narrative summaries of important events (such as additional client meetings, court appearances, conversations with witnesses, conversations with social service personnel, negotiations, etc.) should be DETAILED on this page.

All Events Page

This page is your blueprint for action and a record of what you have done. It is very important that you use this page to create an action plan (via "To Do’s") and that you link your important dates in the case to your calendar so that you will be reminded of deadlines.  In this way, the "All Events" page serves as a tickler file (a reminder system) that will keep you from forgetting important dates.

1. "To Do’s":

After you receive the case, you will begin to develop a list of things you need to do on the case.  For example, if you receive an eviction case, you may need to look up the Ohio Landlord-Tenant Act and review it; you will also need to schedule an appointment with your client; third, you may want to remind yourself to speak with your supervisor.  Create "To-Do’s" for each of these by clicking on the "New" button in the upper right corner of the "All Events" page.  In the "Event Details" window, fill in all of the information, being careful to include the name of the file and a deadline.  If there is no deadline imposed by the outside (e.g. a hearing date), create a deadline for yourself.  If you are unsure what an appropriate deadline is, that is a good question to ask your supervisor.  You should review your "To Do’s" daily.  You may wish to alter your plan by deleting some "To Do’s", indicating some have been "done" or adding new "To Do’s."  After each major event (such as an interview, a hearing, a meeting or a research session,) go back and review your "To Do’s."  You can also review your "To Do’s" from the calendar

You should have your up-to-date "To Do's" for each file each time you meet with your supervisor.  Print your "To Do's" and bring them with you to your meeting.

2. Deadlines

At any time in the case, you may receive a deadline.  For example, discovery may be due on a certain date; a hearing might be set; you may tell somebody you will respond to a query in a week, etc.  Each time there is a deadline; modify the All Events page by creating a new "To-Do" or by creating a new "Appointment."  Include the deadline.  When the deadline is imposed by an outside source (e.g. a court), make an Appointment and also make a "To Do" that is several days earlier than the actual deadline.  The "To Do " will be a reminder of the Appointment.  For example, if you have an eviction hearing scheduled for October 5, make an "Appointment" of that court date on October 5, and link it to the appropriate file.  Make a "To Do" due on October 2 or 3 that states "Prepare for October 5 hearing."  You may have other, more specific "To Do’s" as well, e.g. "prepare witness questions,", "analyze lease," "gather inspection reports," etc.  Be sure to write any court-imposed deadlines on the wall calendar as well.  Hearing dates should be written in red.

Time Spent Page

This page records the time you have spent on a file.  Any time you work on a client file you must create a time record.  Do this by clicking on the "new" button at the top of this page, and complete the information.  All time in the Clinic is non-billable unless you are told otherwise.  To make it easier for you to keep track of your time spent on non-client file matters, you should create files under the "Special File" category and refer to them as "Class" and "General Office."  Any time you spend or appointments you make that are not related to a specific client can be posted to these files.  This is important to ensure the accuracy of the time reports you submit to your supervisor at the end of the week.  When you meet with your supervisor, divide the time by client file when possible, e.g. if you discuss cases A, B and C and also discuss that week’s class, and your meeting takes one hour, assign .25 hours to each client file and to your "Class" file.

Each week you are required to submit a printed version of all your time entries for the week along with a "Weekly Status Report." (See Exhibit D).

Creating a Time Entry

Click the New button to display a new Time Entry Details window

Double-click the file name for the time entry

Type a short description of what you were doing and the amount of time it took.

Phone Log Page

Any time you speak on the phone on any client case, create a record by turning to the "Phone Log" page and clicking on "new"; then enter in a summary of the phone call.  Be sure to print the phone information and place it in the hard file as well.

Documents Page

Any time you create a document (e.g., a letter, pleading, memorandum, etc.) link it to the "Documents" file by clicking on the "ADD" button (upper right corner) in the "Documents" page (see below for more detailed instructions).  All documents should be saved on your "N" drive as described in section 5D (#2) above.

Steps for Attaching Documents to AMICUS Files

After saving case-related documents to:

N:\Team32\cliedoc\name of client folder

an additional step needs to be taken to attach documents to your AMICUS files:

Locate "File Summary" (drop-down menu) in AMICUS file, then:
        (click) File Summary
           (click) Documents
              (click) All Documents
                 (click) "ADD" box in upper right
                    Manually fill in "Title" & any "Notes" on document
                      (click) Browse
                         (double click) selected file
                            (click)  ok  (2X)
 

To Retrieve document at a later time:
     (click) File Summary, Documents, then All Documents
       (click) selected file document
         (click) open (below "browse" box)

E.  Tutorial

AMICUS Attorney III/IV is equipped with a tutorial that you can refer to at any time to experiment with the all the various software features, without affecting your actual case files.

8. WHAT TO DO WHEN YOU GET A CASE

You may be assigned a case in one of two ways:  you will receive a new case, or a case that was once assigned to a former Clinic student or attorney will be transferred to you.  In either case, please follow these steps:

A. WHEN YOU RECEIVE A NEW CASE

Review the completed New/Transfer Case Assignment Notification (Exhibit E) that your supervisor has initiated for your case.  You will receive with that a hard file labeled with any papers of information already provided.  The Clinic Coordinator would have:

1)  Assigned a client ID # to the case
2)  Done a Conflict of Interest check (see Section 15 below)
3)  Created Labeled Case File
4)  Created new case file in N Drive

All case files contain the following forms:

-Client Retainer Agreement & Consent to Student Representation
-Client Information Sheet
-Client Consent to Taping
-Affidavit of Indigence (when appropriate)
-Release of Confidential Information (when appropriate)
-Housing Checklist (for eviction cases only)

Divorce/Child Custody/Family Cases (all of the above plus):

Divorce and Dissolution Questionnaire (only new divorce)
(*) Affidavit of Child Custody Information (all family cases)
(*) Instructions for Service (for new cases initiated by our clients)
(*) Affidavit of Income, Expenses, Health Insurance, and Financial Disclosure

(*) Note: Templates of these forms are located in your N Drive:

                                N:\Team32\Cliedoc\Templates

ENTER ALL NEW DATA CONCERNING YOUR NEW CASE into AMICUS by clicking the "FILES" Icon.
          Find case file by last name

           (Example: SmithJ*div)

IT IS VERY IMPORTANT TO LIST EVENTS IN AMICUS IN REVERSE CHRONOLOGICAL ORDER (MOST CURRENT DATA ENTRY REMAINS ON TOP).

Make sure the basic information is correct in the AMICUS file and type in your initial thoughts about the case. Write down your initial thoughts in the "File Summary" page, describing the nature of the case, the nature of the client’s problem, and your initial ideas about the case.  This will be done typically even before you meet with the client and will be based only upon your initial perusal of the intake information.  Send your supervisor a "stickie" note telling him or her that you have completed this initial information and asking him or her to look at it.  If you have any questions for your supervisor, address those in the "stickie" notes as well.  Your supervisor will go over these questions during your next supervision session.

(Note)
Follow the same procedure when a current client raises a new matter unrelated to an on-going case.  Each distinct matter must be housed separately in its own file.

Arrange a time and place to meet with your new client.  Be sure to reserve a conference room on the wall calendar (include time of meeting, your name(s), room choice, and last name of client).  In addition, enter this appointment time in your AMICUS calendar.  Under Lawyers Assigned, include everyone whose been assigned to your new client as well as your supervisor and the clinic coordinator.

Client interviews shall be scheduled as follows:

1.  When you receive a case that is new to you (new client or transfer case), you should immediately contact the client, introduce yourself, and let the client know you will be handling the case.  In a case that is new to the office, schedule an appointment.  In a transfer case, determine with your supervisor whether you need to bring the client back into the office at that time or introduce yourself by telephone and wait to schedule an appointment.

 2.  To schedule an appointment, check the room calendar to see when the rooms are free; call the client and arrange a time convenient to you and the client.  Avoid appointments after 5:30 or before 8:30 , as there is no security in the building and the office is closed.

 3.  ONCE AN APPOINTMENT IS SCHEDULED, NOTIFY THE CLINIC COORDINATOR. ALSO, WRITE THE APPOINTMENT ON THE WALL CALENDAR (in Green)! FAILURE TO NOTE THE APPOINTMENT MAY RESULT IN THE UNAVAILABILITY OF INTERVIEW ROOM.  ALSO, ENTER THE APPOINTMENT IN YOUR AMICUS CALENDAR.

Please note that in some cases you might not want the Client Retainer Agreement to be signed at the initial interview.  For example, you might not be sure who your client is or whether you can actually represent the person you are interviewing.  If you are unsure, discuss this matter with your supervisor.

The Client Retainer Agreement (Exhibit F), Consent to Student Representation (Exhibit G), and the Client Information Sheet (Exhibit H) must also be completed or filled in as much as possible PRIOR to concluding the initial interview.  Before videotaping your meeting, a Taping Consent Form (Exhibit I) must be signed.  Occasionally, other forms will be included, depending on the case. Before the conclusion of the interview, you should give your client a Clinic Business Card (Exhibit J) with your name and phone extension written on it (including your clinic office hours on the back of card).

If you are talking to a new client about a new problem, you should prepare and submit to your supervisor a case intake memo, describing in detail the nature of the problem, and recommending to your supervisor action (brief service, referral advice, free legal representation, etc.) you think the client should take.  Prepare this memo on the AMICUS General Notes Page.

In any event, after any interview is concluded, you must complete your Interview Narrative on AMICUS (see "General Notes" page) that is a detailed summary of the interview (Exhibit K), and complete other information as requested by your supervisor.

ALL FOLLOW-UP APPOINTMENTS WITH CLIENTS SHOULD FOLLOW THE SAME SCHEDULING PROCEDURE (i.e., arrange a time with the client, notify the receptionist, write it on the wall calendar in green and enter it in your AMICUS calendar.)

After you schedule the client meeting, be sure to enter it in your calendar on AMICUS and in the calendar notes indicate the location of the meeting.  Link the meeting to the client file.  After the meeting, be sure to document the length of your discussion with your client in the TimeSheet Section of AMICUS.

Write a narrative description of your client meeting

After you meet with the client, write a complete account of your meeting on the AMICUS file page entitled "General Notes."  At the close of your narrative description of your meeting, make an action plan.  Include:

1. A description of the client’s goals (feel free to include more than one goal)

2. A description of how the interview proceeded, including how you initiated and carried it on

3. A summary of anything else you observed during the interview

4. A plan to help the client achieve those goals, including a research plan, a fact investigation plan, and a problem-solving plan.

5. If you have questions for your supervisor, make a note and take them to your next meeting. Complete any additional information on the customized pages in the AMICUS client file.  Print the "File Summary"page and the customized pages and place a hard copy in the physical client file.

After you have conducted your initial interview with your client and have completed the required forms, give a copy of the Client Information Sheet to the Clinic Coordinator.  She will do an additional conflict of interest check.

Keep the client files up to date

While you are working on the case, always be sure to keep both the physical and electronic files up to date.  Any time you do ANYTHING on the case enter it in the electronic (AMICUS) file.  Anytime you enter anything new in the AMICUS file, print a new version of that page and place it in the physical file. To print an AMICUS file page, highlight section to be printed, press "File" and "Print Pad."  Be sure to keep a record of ALL of the following:

 1. Complete descriptions of any client meetings
 2. Complete descriptions of any meetings with anybody else on the case
 3. Complete descriptions of all phone calls (use the AMICUS phone message button to link these to your electronic file)
 4. Link all written documents/correspondence to the file (click here to go to Steps for Attaching Documents to AMICUS File)
 5. Link or enter a synopsis of your research; keep hard copies of your documents and research in the physical file.

The standard rule is that your supervisor or clinic staff should be able to figure out exactly what is going on in a case by pulling up the AMICUS file at their desk or by looking at the actual file.  This will help the client by enabling other people in the office to respond to client concerns if you are on break or not available for some reason.  It also encourages professional responsibility and allows your supervisor to know whether you are working appropriately on a case.  It will not be considered a good excuse for you to tell your supervisor "I really did do X, Y, or Z on the case, I just didn’t write it down."  Failure to enter information in a case file is unprofessional in and of itself.

Develop an action plan and keep developing it throughout the life of the case

The heart of helping a client is to have a flexible action plan that is periodically "realigned" with new facts and circumstances.  Your meetings with your supervisor will help you develop your plan, but you need to think about what you want to accomplish before, during, and after these meetings as well.

B. WHEN YOU RECEIVE A TRANSFERRED CASE

Review the completed New/Transfer Case Assignment Notification (Exhibit E) that your supervisor has initiated for your case.  You will receive with that a hard file labeled with any papers of information already provided.  The Clinic Coordinator would have:

1)  Assigned a client ID # to the case
2)  Done a Conflict of Interest check (see Section 15 below)
3)  Created Labeled Case File
4)  Created new case file in N Drive

All case files contain the following forms:

-Client Retainer Agreement & Consent to Student Representation
-Client Information Sheet
-Client Consent to Taping
-Affidavit of Indigence (when appropriate)
-Release of Confidential Information (when appropriate)
-Housing Checklist (for eviction cases only)

There is no need to start a new file, unless it involves a new matter for an existing client. You will simply be adding new data to existing information.

Then, enter all intern transferring information into AMICUS.

9. COURT DATES/OFFICE CALENDAR

Rule II does not permit you to appear in Court without your supervisor. Be sure to let your supervisor know about all Court dates as soon as you become aware of them.  When you enter the court date or deadlines on your calendar, you should also add your supervisor's name in the Event Details Box next to "Lawyers Assigned")." (Be sure to make a corresponding "To-Do" related to the date.)   Never appear in Court without your supervising attorney.

All Court appearances (hearings, trials, conferences, etc.) must also be noted on the large wall calendar in the Law Clinic work area – write the case name, courtroom number and time.  The notations for Court dates should be in RED ink.

10. LAW CLINIC "CENTRALIZED" CALENDAR CONTROL

Law Clinic Diary System - The Law Clinic has a "triple" system for tracking the development of all cases:  (1) Your "TO-DO’s" and "Appointments" entered into AMICUS, and (2) the wall calendar that tracks all Court deadlines, hearings and appointments, and (3) sending "stickies" to your supervisor and clinic coordinator to alert of court hearings or rescheduled hearings.

AMICUS Deadline System

As mentioned earlier, each time you have any kind of deadline, you need to enter it on your AMICUS calendar and also create a "To-Do" that will remind you of the deadline. Every case you have should have at least one "to-do" entered in AMICUS.  A sample "To-Do" sheet is attached as (Exhibit L).

Law Clinic Calendar

The second date control system in the clinic is the wall calendar.  As mentioned in previous sections, all Court dates should be marked in RED, all other deadlines or appointments marked in regular BLACK or BLUE INK.  All room reservations should be marked in GREEN.  Make sure your supervisor knows of all important dates as well.

Stickies

The third date control system is sending "stickies" in AMICUS Attorney to your supervisor and clinic coordinator to keep them informed of court hearings, and ESPECIALLY any changes in court dates.

11. FILE MAINTENANCE

It is especially critical in our office, because of the inherent turmoil of student turnover, that a client's property and records be properly safeguarded.  A well-organized and thoroughly maintained file prevents you from missing deadlines, overlooking important facts and mislaying documents.  Accordingly, we have written in some detail the elementary requirements:

A. Separate and distinct matters handled for the same client should be housed in separate files, with appropriate cross-referencing on the Intake Sheet and File Summary AMICUS page.

B. A "file" consists of an expandable file (color determined by type of case blue=family, brown=housing, red=juvenile, and green=clinic projects) and within that, several manila folders titled as follows:

Status/Facts/Correspondence Folder

With the most recent on top, place (with two-hole punch) printouts of the AMICUS pages including the File Summary page, General Notes page, All-Events page and Chronological page.  Hand-written notes should be avoided because all notes should be typed into AMICUS.  All letters sent and received should be in reverse chronological order.  All material should be in chronological order with the most recent on top.  Only the accompanying transmittal letters for things like medical records, bills, motions, briefs, etc., should be kept in this date order, not the records, bills, etc., themselves.

Court Documents/Pleadings

Pleadings must be fastened into a prong in reverse chronological order (most recent on top). If the pleadings become lengthy, they should be tabbed and indexed. Proper handling of the pleadings is absolutely necessary in tracking the history of the case.  Any future lawyer or intern assigned to the case should be able to review the pleadings history by starting at the back and reading forward.  The AMICUS "Documents" page should be up-to-date with all pleadings and letters.

Legal Research

Research memos, cases, etc.  Save your search strings on electronic research, all original, relevant documents, photographs, instruments, etc.  Do not "prong" original documents which might be needed in court as exhibits.   Rather, place them in an envelope and prong the envelope to the file.

Do not punch holes in or mutilate original documents!

Often you will need to create additional folders when you a lot of information or the case becomes more complex.  For example, you may need to create a special "evidence" file, or separate "correspondence" from "Status/Facts."  Use your judgment to organize files appropriately.

12. FILE STORAGE

All current open files are kept in the file cabinet which is appropriately marked.  Files are arranged in ALPHABETICAL ORDER using the client's last name.  As Interns, you obviously have access to the client's files as you need them.  However, when you are finished with a file, you must return it to the file cabinet (in the correct place).

DO NOT STORE FILES IN YOUR WORK STATION!!

YOU MAY NOT PHYSICALLY REMOVE A FILE FROM THE CLINIC OFFICE WITHOUT PRIOR SUPERVISOR APPROVAL!!  IF YOU RECEIVE PERMISSION TO REMOVE A FILE FROM THE CLINIC, YOU MUST SIGN THE FILE OUT OF THE OFFICE ON THE SIGN-OUT SHEET LOCATED ON THE FILE CABINET.

BE SURE TO REMOVE YOUR NAME FROM THE SHEET WHEN YOU RETURN THE FILE.

13. AUDIO/VIDEO TAPING

An essential part of your clinical learning experience is critique/evaluation of all your student performances throughout the semester.  In our experience, one of the best learning devices is video tape.  Accordingly, you should tape all of your live client interviews (signing of Taping Consent Form should precede this!) that take place in the Clinic.   See clinic staff or a supervisor for help using the video equipment.  After the interview, watch the video. Select a 5-10 minute portion of the interview and schedule a time to go over it with your supervisor.  Sometimes, your supervisor will want to watch the entire interview.

14. PROJECT BINDERS

In addition to individual client files, many of you will be working on community projects for which there may not be a specific client retained by the clinic but there may be a member of contact agencies or individuals, documents, research materials, research memoranda, etc.  These materials should be filed and indexed in (green) pocket folders that are located below the open client files. These also should not be removed from clinic.

15. CONFLICTS OF INTEREST

When a conflicts of interest check is completed, clinic staff will place a mark on the Notification of New Case Form.  During your client interviews, be alert for names of anybody who might be opposing our clients’ interests and inform clinic staff of these names by inserting them on the Client Information Sheet.  Conflicts of interest checks is a team effort!

A Notification of New Case Form (Exhibit E) must be completed at the onset of a case being assigned.  This form must contain the full name(s) of the client(s) in the case. Upon receiving this form, an initial conflicts of interest check is done by the clinic coordinator in the AMICUS system.  After the student has a preliminary interview with his/her new client, the clinic coordinator will make an additional conflicts of interest check based on opposing party information in the Client Information Sheet (Exhibit H).

PLEASE PROVIDE AS MUCH DETAIL OF THOSE INDIVIDUALS (OPPOSING PARTIES, ANYONE WITH A POTENTIALLY ADVERSE INTEREST TO YOUR CLIENT SUCH AS A CO-DEFENDANT, ETC.) IN THE "CONTACTS" SECTION OF AMICUS SO THAT OUR CONFLICTS OF INTEREST CHECK IS AS ACCURATE AS POSSIBLE.  IT IS ALSO CRITICAL TO KEEP THE CLINIC COORDINATOR INFORMED OF ANY CHANGES IN YOUR OUTSIDE EMPLOYMENT/OR ANY NEW PERSONS WITH INTERESTS ADVERSE TO YOUR CLIENTS. WHILE ACTIVELY PARTICIPATING IN THE CLINIC COURSE.  THANK YOU.

 16. MONEY

It is critically important in any law office that money is received and disbursed according to a pre-arranged system.  CLIENT MONEY CAN NEVER BE COMMINGLED WITH ANY OTHER MONEY.  Please follow our simple rules:

A.  Trust Account

If a client or other party (e.g. opposing party) has to pay money to the office for any reason (e.g. filing fee, deposition costs, support payment, etc.), you must take the money (must be a money order), write a receipt, and immediately give it to the clinic coordinator. She will place the client's money order in a secure lock box to be deposited in the clinic's Trust Account.

1.  If the office needs to write a check to any client or other party, the check must be signed by the Director (Andrea Seielstad) of the Clinic.  Therefore, it is your responsibility to notify the clinic coordinator in advance that a check will need to be written.

If an opposing party pays a support payment, you need to contact the client and find out if he/she wants to come directly to the office to get her or his check or wants you to mail the check.  Next, you need to inform the clinic coordinator to have it ready for the client to pick up at a certain time or to simply mail the check.

2.  YOU SHOULD NEVER, EVER WALK AROUND WITH CLIENT MONEY IN YOUR POCKET OR PURSE FOR ANY REASON.  You may take an office check, for example, to Court, to make a payment.

D.  Petty Cash

There will be times you will pay money for case-related items (i.e., parking to attend a client's court hearing, filing fees, subpoenas, film developing costs, etc.). You should pay these costs, and then bring the receipts back to the Clinic Coordinator to get reimbursed.

17. CLIENT INVOLVEMENT

Clients must be kept informed of all important developments in their case.  You should routinely send to your clients copies of all pleadings, letters, significant memos, etc., which you generate or receive in the course of your representation.  In addition, letters confirming telephone conversations or other oral communication with the client or other parties or attorneys should be sent with copies kept in the file.

18. ENGAGEMENT LETTERS

Upon your supervisor's review and approval of the Initial Fact Memorandum, you should send an engagement letter to the client.  The Engagement Letter (Exhibit M) should set out the scope of the UD Law Clinic's representation in your letter, (i.e., the specific issue, the service we agree to perform, fees, etc.).  For example, you may agree to represent a client in a personal injury case through judgment, but not through collection on the judgment afterward, or through a final decree of divorce but not on an appeal following the decree - these limitations must be noted in the letter.

As stated in Rule II, your supervisor must co-sign this letter as well as other client-related correspondence.

19. SUPERVISOR REVIEW OF STUDENT WORK

You may not give advice to a client without first obtaining your supervisor's O.K. When a client is advised orally, a written opinion letter should follow if time allows.

20. MAIL AND MESSAGES

In order to keep apprised of developments in your cases, you must pick up your mail and your telephone messages every day or call in to get your messages once a day.

Students will have mailboxes for correspondence, messages, etc.  These mailboxes are located in the Clinic.   Incoming mail goes directly to you.  Please keep your supervisor informed of any important mail you may receive.  You should also check your e-mail and the Clinic bulletin board every day for important group messages.  In addition, memos from Clinic faculty will be left in your mail boxes or sent to your computers for times concerning class or assignment changes.

21. SUPPLIES

The Clinic will supply most of the office materials you may need.  Clinic supplies are expected to be used only for Clinic business. One computer disk is allotted per student (must be returned at the conclusion of the semester).  Please request supplies from Clinic Coordinator.

22. PLEADINGS BANK

We have copies of briefs, answers, motions, etc. that previous interns have drafted available for you to utilize.  We also are developing descriptions of some attorneys and judges the Clinic has interacted with in the past, so that you will be able to better prepare for your own interactions with them. All of this information is confidential and may not be used outside of our office.  The pleadings bank is located in the top bin of the file cabinet in the workstation area.

23. CLIENT ELIGIBILITY

The Law Clinic maintains client eligibility standards in determining whether a client is entitled to free representation.  While most clients are pre-screened, it may be necessary as a part of your initial interview with a prospective client to record income data on the intake form and determine whether the client is eligible for our service.  Exceptions to the Clinic's financial standards can be made for "special circumstances".  "Special circumstances" include (but are not limited to) factors such as the inability of the private bar to handle a case and other factors, which we have generally termed "legal indigence".  Consult your supervisor whenever you think a "special circumstance" is presented.  Whenever you are in doubt about the eligibility of a prospective client, you MUST consult your supervising attorney.  We do take referrals from some agencies such as the Volunteer Lawyers Project (VLP) and Dayton Legal Aid Society.  If the client qualifies by VLP and Legal Aid standards, they qualify for Clinic services.  Referrals from Juvenile Court, whether representing the child or the parent, automatically qualify for Clinic services.

24. FEE GENERATING CASE

In order not to encroach on the fees of the private bar, we have agreed to refer all cases in which there may be a substantial recovery, to the Lawyer Referral Service of the Dayton Bar Association.  If you determine that a case is "fee generating," speak with your supervisor about the referral mechanism.

25. ACCESS TO THE CLINIC

The Clinic is open from 8:30 a.m. to 4:30 p.m. , Monday through Friday.  If you need or want to be in the Clinic for clinic work at other times, use your ID card to "swipe" into the rear door.

26. COURT COSTS

Most cases involve Court costs that accompany the filing of pleadings.  Supervisors will discuss with you whether a particular client qualifies for waiver of Court costs before pleadings are filed.

Most of our clients qualify for waiver of Court costs and you should assist the client in completing an Affidavit of Indigence in the first meeting.

If Court costs are collected they should be immediately given to the Clinic Coordinator for deposit into the Clinic's trust account.  See Section 16 above for guidance on how to handle money in the office.

27.  DEPOSITIONS

If you need to schedule a deposition, speak with your supervisor.  After obtaining approval you can contact Donna Jean Flook, a court reporter, via fax request (Exhibit N).

28. CLOSING A FILE

"Closing Client Files" refers to the system by which a client file is removed from the "active" category and placed in closed file storage; the optimum time for closing a file is at the conclusion of the case.

You may not "close" a file without the approval of your supervisor.

A. You may remove and destroy draft/duplicate copies of all documents, retaining only executed final copies.  Similarly, all notepaper, such as yellow legal pad paper bearing scribbled notes, may usually be destroyed.  Any questionable items should be retained for review by your supervisor.

B. Write a Case Closing Narrative (Exhibit O) on the "General Notes" page of AMICUS. The narrative should include the procedural posture of the case, and the next steps that you think should be taken along with filing or other deadlines.

C. Complete a Case Completion/Evaluation form (for both closed and transferred cases) (Exhibit P) and additionally a "Closing Memorandum" (for closed cases only)

(Exhibit Q).  Your supervisor will initial and return these forms to be filed in your case file.

D.  Once the “Closing Memorandum” is reviewed and signed by your supervisor place case file in clinic coordinator's mailbox with the “Closing Memorandum” and “Closing Case Checklist” (Exhibit R) for closing."

E. Often at the end of the semester, some of your cases will still be open.  In these cases, a Transfer Memo (Narrative) must be written on the "General Notes" page of AMICUS and printed on the file so that the next intern or attorney will know the exact status of the case when they read it.  (Exhibit S).  All transfer cases also need a "Case Completion/Evaluation form".

F. Letters to Clients - As departing students you will need to compose an "End of Semester" Letter for each of your clients.  If you are closing the file, explain why you are closing it and consider whether you need to return documents to the client or give parting advice.

If you are transferring the case, explain that the semester is over and that you are leaving.  Let the client know that a new student will be assigned to their case, and that if they need assistance between now and then they should call the office and ask to speak with your supervisor and/or an outside lawyer that may have been assigned to the cases during the summer interim.

G. Prior to end of the semester, you will need to schedule a time to meet with your supervisor to discuss the overall status of each case/project you have worked on.  An Exit Interview Sheet will be used as a checklist to document this information.  Bring all your files (whether closed or being transferred) to your supervisor for final review.

H. After reviewed by your supervisor, you will take your case files and Exit Interview Sheet to the clinic coordinator who will physically "close" cases and/or file those that remain open.

EXHIBIT F

CLIENT RETAINER AGREEMENT

            ______  1.  I agree that attorneys or other persons acting under the direct supervision of attorneys employed by the University of Dayton law Clinic (“Law Clinic”) shall represent my interests in the following:

            ______  2.  I understand that the Law Clinic agrees to represent my interests only at the following stage(s) of the problem involved:

______investigate         ______administrative hearing                ______administrative appeal

______negotiate           ______trial court litigation                     ______appeal to______

______other stipulations:_______________________________________________

___________________________________________________________________

___________________________________________________________________

______  3.  I understand that if further representation is desired beyond this level, the Law Clinic will re-evaluate the merits in light of this office’s priorities, and notify me whether the Law Clinic can further represent me.  A new Retainer Agreement shall be executed, or this agreement shall be amended in writing if further representation is promised.

______  4.  I will not be charged attorneys fees.  If a court awards me attorneys fees, I assign such fees to the Law Clinic and direct that such fees be paid directly to the Law Clinic.

______  5.  I am responsible for any fees or costs owed to any entity other than the Law Clinic (for example, filing fees, costs for obtaining medical records, etc.) needed for my case.  Law Clinic staff will obtain prior approval from me before incurring any costs or fees over $25.  If the Law Clinic incurs any costs or fees on my behalf I will reimburse the Law Clinic.  Said reimbursement may be paid directly from any recovery obtained in this case.

______  6.  I may terminate this agreement at any time.  Law Clinic staff may terminate this agreement for good cause upon giving reasonable notice.

______  7.  I need to inform Law Clinic staff of any change in my household, income, resources, address or telephone number.  If I become ineligible for assistance, the Law Clinic may terminate this agreement.

_______________________________          __________________________________________

Date                                                                 Client Signature

            _______________________________          __________________________________________

            Law Clinic Representative                                 Client Name (Printed)

EXHIBIT G

CONSENT TO STUDENT REPRESENTATION

          ______  A.  I understand that I will be represented by law students certified to practice law under Rule II of the Ohio Supreme Court; these students will work under the direct supervision of attorneys licensed to practice law in the state of Ohio .  By signing this Retainer Agreement, I consent to be represented by these law students.

            ______  B.  If I am dissatisfied with any service I receive at the Law Clinic, I understand that I may contact the Director of the Law Clinic, Professor Andrea Seielstad, at the University of Dayton School of Law, Law Clinic Office, 300 College Park , Dayton , OH   45469-2750 .

___________________________                  _______________________________

Date                                                                 Client Signature

___________________________                  _______________________________

Law Clinic Representative                                 Client Name Printed

EXHIBIT H

Page 1 of 2

CLIENT INFORMATION

Personal Information                                                 Date________________________

Name________________________________________________________________________

Address__________________________________   Home Phone_____________________

             __________________________________   Other Phone _____________________

             __________________________________

County____________________         SSN_____________               DOB__________________

Language__________________          Sex______________              Race__________________

U.S. Citizen?__________                    Age______________  Marital Status___________

Custodial Parent ______Yes    ______No

Non-Custodial Parent__________________________________________________________

Income Information

Total Family Monthly Income______________________________

Sources of Income and Public Benefits:

Employer_____________________________________        Weekly Hours _______________

Hire Date_____________________________________       Actual Hourly Rate____________

Alimony_____________          Worker’s Comp_________     Disability__________________

Black Lung___________         Food Stamps___________      OWF_____________________

SSI_________________        SSD__________________     Unemployment_____________

Other_________________________________________

Assets: Type___________________________________      Value_______________________

EXHIBIT H

Page 2 of 2

Current Living Situation

Own_________________________________           Mortgage Amount:____________________

Current? ______Yes    ______No       How far behind?___________________________

Second Mortgage? ______ Yes           ______No       Outstanding Debt?____________________

Rent ______Yes          ______No       Monthly Rent____________    Subsidized_______________

Current? ______Yes  ______No         How far behind?_________________

Other Housing -

            Shelter______              Street______               Vehicle______ Hotel______                            Friends______            Family______              Transitional Housing______

Number of Persons in Household_________

Names                                                                                                             Ages

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Persons With Interests Potentially In Conflict With Client’s Interest

(do not limit only to parties) 

Name                                       Address                                   Phone

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Conflict Check - Date:_______________________  By:____________________________

---------------------------------------------------------------------------------------------------------------------

Statute of Limitations Applicable:  _____________________________________

Student___________________________       File Prepared________________

Supervisor________________________

Date Open________________________

Referral Service____________________

EXHIBIT I

Taping Consent

            I agree that my counsel may, with my permission; audio and/or video tape our meetings and interviews.  These audiotape or video tape recordings shall be strictly confidential and used only by my counsel and members of the University of Dayton Law Clinic .

___________________________                  _____________________________

Date                                                                 Client Signature

                                                                        _____________________________

                                                                        Client Name (Printed)

EXHIBIT J

Business Card

EXHIBIT K

AMICUS GENERAL NOTES

INTERVIEW NARRATIVE – DETAILED SUMMARY OF THE INTERVIEW

10/15/01(hbk)--preliminary hearing at 10:30 am; APA Brad Baldwin stated he was willing to reduce the charge to attempted theft, a 2nd degree MM; I presented him with the possibility that the charge be dropped to criminal mischief, a 3rd degree MM but he did not accept that offer; we presented the offer to Doug and his parents; his parents were pretty firm in their convictions that Doug should not plead guilty to something he did not do; Doug opted not to accept the offer but go to a hearing instead; hearing scheduled for 11/9 at 9:30 am.

10/09/01(hbk)--spoke with Marty Caffrey, Doug's probation officer; he stated that Doug has been keeping all of his scheduled appointments/meetings and is doing very well; stated that he anticipates recommending restitiution and no further probation to the magistrate on 10/15

10/09/01(hbk)--APA Brad Baldwin called to say he did receive the updated discovery request; wanted to know specifically what I was interested in; stated he did not have anything new to turn over

10/04/01(hbk)--filed notice of appearance; filed a request for udated discovery in an effort to gather any irelevant infor in possession of the prosecutor that has not yet been delivered to us via the original discovery request--will file a motion to compel discovery if we proceed to trial

09/26/01(hbk)--interviewed client; he told me he did not actually take the bike himself but was with Danny and Bradley (also charged with petty theft of the bike), riding bikes down an alley when Danny pointed out a bike sitting in the yard of an apartment complex.  Danny indicated he wanted to take the bike, Douglas and Bradley did not attempt to dissuade him from doing so.  Douglas held on to Danny's own bike while Danny entered the yard, then "ghost rode" Danny's bike (Doug remained on his own bike but steered Danny's bike at the same time) away from the alley when the landlord of the apt. complex began yelling at Danny to leave the (stolen) bike alone.  Douglas was never questioned by the police, learned of the charge from his probation officer.  Douglas has several other past charges but none for theft.  He is currently not in school, has not attended school since Jan./Feb. 2001, when he was expelled from one junior high school for assaulting a teacher there.  He says he wants to go back to school but his family is waiting for him to be able to enter one particular school  (indicated he is on the waiting list) and is considering home schooling.  Pre-trial hearing scheduled for 10/15/01.

client, 15 years old, was arrested on petty theft charges; allegedly stole a bicycle worth $20.  Eyewitnesses identified client and 2 other boys as stealing the bike. Bike was returned to rightful party.

Unfortunately the client has a record, including assault, violation of motorcycle/bicycle rules, aggravated menacing, and violation of court order.  For the most recent charge, violation of court order, client spent time at Dora Tate.

EXHIBIT L

AMICUS SAMPLE TO DO LIST

EXHIBIT M

SAMPLE ENGAGEMENT LETTER

                                                                                                (Current Date)

Client’s Name

Client’s Address

RE:  Representation Agreement

Dear Mr./Mrs. Client:

            This letter confirms our meeting today in which we discussed your claim for disability benefits and the hearing on that claim is now scheduled for next month.

I agreed that the University of Dayton Legal Clinic would investigate your claim before we agree to represent you at the hearing.  I’ll review your medical records and the Social Security Administration file and compare that information with the standards in the disability regulations.  You and I will then meet to discuss my conclusions.  If the medical evidence supports your claim, we’ll proceed to the hearing.  If not, I’ll advise you of the reasons and any alternatives.

            As you already know, your income makes you eligible for free representation.

            Since the University of Dayton Legal Clinic cannot represent you in your claim against SEPTA for personal injuries, I referred you to Lawyers’ Reference Service of the Dayton Bar Association.

            As we discussed, I will be in touch with you one week upon completion of my preliminary research and investigation.  I look forward to working with you.

                                                                                    Sincerely,

                                                                                    Legal Intern                

__________________

Supervisor’s Signature

Attorney at Law

Enclosures 

EXHIBIT N

Facsimile Request for Court Reporting Services

EXHIBIT O

AMICUS CASE CLOSING NARRATIVE

3/16/99 (JDC/SEC) Closing Memo

After careful thought and deliberation we decided that we would not be able to represent Tracy.  Her lack of cooperation and commitment has made a viable attorney-client relationship impossible.  We directed her to Artemis House for future help.  We notified her by phone of our decision and followed up with a letter.

5/12/98  CLOSING MEMO

The clinic has moved to withdraw from one of Ronda Campbell's cases (Jason Rainwater's custody case).  On May 6, 1998 I filed with the clerk of courts a motion requesting permission to withdraw.  Along with the motion, I gave the clerk an order which Magistrate Titus is supposed to sign.  The clerk said that once the Magistrate signs the order, he sends it back to the clerk for it to be file-stamped.  Once the order is file-stamped, the clerk will mail a copy of it to us.  Once we receive the filed order allowing the clinic to withdraw from the case, we can officially close the case.

It is important to keep close tabs on whether the order has been signed and filed.  Otherwise, we may run the risk of having to be in court to defend Ronda on a motion Jason's father filed pro se.  We should expect to receive the signed and filed order within 10 days of filing of the motion.  So, if we haven't received anything by May 26, we will need to call the clerk of courts in the Montgomery County Court of Common Pleas, Juvenile Division or talk to Magistrate Titus's law clerk to find out what is going on.

I advised Ronda that we were moving to withdraw from the Rainwater case.  She is fine with it.

may 3, 99

Case Closing Narrative

Sent letter to client reminding her that she had agreed to move out by the end of April 99.  Furthermore, reminded her that she is entitled to her security deposit and that if she had any problems with that she could call us.  Advised her to take pictures of place so that she would have evidence of the condition of the place and thus ensure no problems with the security deposit.  Also asked her to provide a forwarding address and telephone number.

EXHIBIT P

Page 1 of 2

CASE COMPLETION/EVALUATION FORM

(Complete When Ending Representation, i.e., Closing , Transferring, Etc.)

Date:                                                                Supervisor:                                           _____                

Student:                                                            Case #  :                                               _____

Client:                                                                                                       

Case Status:                 Close:                           Transfer:           __     

1.                  What was the most important factor in the case?

2.                  What was the least important factor in the case?

3.                  What was the most successful thing you did in this case?

4.                  What would have improved the legal representation in this case?

5.                  What was the most impressive learning experience in this case?

6.         Did the case present ethical issues?  If so, please give your opinion about how they were handled.

EXHIBIT P

Page 2 of 2

Rate your performance in this case using a scale of 1-5

            5 is high satisfaction

1 is low satisfaction

N/A is not applicable

When completed, give to your supervisor.

1.                  RELATIONSHIP WITH CLIENT:                                                                             

2.                  MASTERY OF LAW:                                                                                                  

3.                  MASTERY OF FACTS:                                                                                             

4.                  PREPARATION:                                                                                                        

5.                  AGENCY/COURT CONTACTS:                                                                              

6.                  NEGOTIATIONS/COMMUNICATIONS WITH

A.        CLIENT:                                                                                             

B.                 WITNESS:                                                                                         

C.        OPPOSING PARTY (IF NO ATTY):_                                              

D.        AGENCY WORKERS:                                                                      

E.                  ATTORNEYS:                                                                                   

7.         CASE PRESENTATION:                                                                                          

8.         EFFECTIVENESS OF THEORY:                                                                              

9.                  PERSUASIVENESS:                                                                                                 

10.       AWARENESS OF ETHICAL ISSUES:                                                                     

11.        FILE MAINTENANCE:                                                                                             

12.        FREQUENCY OF CLIENT CONTACT:                                                                  

13.       CREATIVITY IN APPROACH TO CASE:                                                               

14.       DEGREE OF CHALLENGE IN CASE:                                                                     

15.       AMOUNT OF SUPERVISION RECEIVED:                                                 

ADDITIONAL COMMENTS:

EXHIBIT Q

CLOSING MEMORANDUM

CLIENT’S NAME                                                                                                                             

ADDRESS AND PHONE ( IF DIFFERENT FROM INTAKE FORM)                                            

  (PHONE)

            (ADDRESS)

STAFF MEMBER`                                                                                                                             

SUMMARY OF PROBLEM AND RESOLUTION                                                                           

(USE AN “X” IF COMPLETED; “N/A” IF NOT APPLICABLE)

                        ALL NECESSARY ORDERS ENTERED

                        APPEARANCE WITHDRAWN

                        CLIENT BILLED FOR OUTSTANDING EXPENSES OR UNUSED CLIENT                                                                                                                                                                       

FUNDS RETURNED                                                                                           

                        ADEQUATE FINAL COMMUNICATION TO CLIENT

                        EXTRA COPIES AND EXTRANEOUS MATERIALS REMOVED FROM FILE

                        IMPORTANT PAPERS OR EXHIBITS RETURNED TO CLIENT

                        ADVERS PARTY CARD/S ON FILE

OTHER COMMENTS                                                                                                                       

                        FILE MAY BE DESTROYED AFTER SEVEN  (7) YEARS

                        RETAIN FILE UNTIL                                                

                        RETAIN FILE INDEFINATELY.  DO NOT DESTROY

                        REASON TO REATIN LONGER THAN SEVEN (7) YEARS                                 

REVIEWED BY   (SUPERVISOR)                                         DATE

EXHIBIT R

CLOSING CASE CHECKLIST

DATE_________________________

CASE NAME_____________________________________                        CASE ID #_______________

SUPERVISIOR/INTERNS ASSIGNED:

____________________________________________________________________

________INTERN CHECKED WITH SUPERVISOR BEFORE CLOSING/TRANSFERRING

________CLOSING/TRANSFER LETTER TO CLIENT CO-SIGNED BY SUPERVISOR

________CASE EVALUATION FORM (FOR BOTH CLOSED AND TRASFER CASES

-         initialed and retained by supervisor)

________CLOSING MEMO FORM (ONLY FOR CLOSED CASES – initialed by supervisor, filed)

________If case is a JUVENILE file (red case folder), there should be:

1.      Duplicate copy of everything from PD file in Clinic client file

2.      Results code written on front of original case file

________CLOSE FILE IN BLUE BOOK (draw green line through case and date above name)

________ORGANIZE FILE IF NEEDED (all documents two-hole punched at top)

***most current document on top (example:  closing letter & memo, most current legal document – discard any duplicate/drafts – phone message in one folder

________Add label to outside of folder in black ink (CLOSED – DATE FROM CLOSING LETTER)

TO BE COMPLETE BY CLINIC COORDINATOR

________Uncheck “Active” & check “Closed” (use date on closing letter)

________Delete List of Intern Lawyers except for supervisor and clinic coordinator

________Note – “Other” year/semester, supervisor, and interns (PD if Juvenile)

________Check for closing/transferring narrative in General Notes – Amicus

________Check if all case-related documents have been saved to appropriate Team 32 folder

________File closed case folder – return all PD original file folders

                                                                        __________initials/date

EXHIBIT S

AMICUS NARRATIVE TRANSFER MEMO

TRANSFER MEMO

Before going to court, I requested and received from the Kettering Police Department an abbreviated list of the criminal matters and complaints filed between the Younces.  I asked for a continuation in the beginning of my representation of Younce.  The case was continued for March 21, 2001.  On that day, I helped the parties reach an agreement before a formal hearing was conducted.  Douglas was unrepresented by counsel.  A week later, Younce was beaten up by Douglas and his girlfriend.  I conducted numerous interviews over the telephone with Younce to get and clarify the story.  I performed research and got documents from the court concerning petitions for contempt orders.  I also went to Erma's House and looked into having Younce apply there for supervised exchange of her son to Douglas.  Younce has since changed her mind about changing visitation because Douglas has not contacted her for visitation since the fight.  I have cautioned Younce that Douglas doesn't  have to make the affirmative step because it is an order of the court that must be followed by both parties.  However, Younce is determined to petition the domestic relations court to hold Douglas in contempt.   

 I checked with the Kettering Police Department and the Court to learn of the progress of the criminal charges against Douglas for violation of the CPO.  As of May 7, 2001, the case is still opened with no date rescheduled.

Things to Do = look into pursuing a civil contempt order because nothing has happened to Douglas in the criminal court; contempt order may allege the facts of the fight and there is a possibility that Douglas is behind on his child support (Younce has yet to receive any payment as of May 4, 2001); also look into modifying child support because Younce learned that for the past 2 weeks Douglas has had a job; she wanted to know if the office could do a Social Security check to ascertain his salary

4/3/01 - I called Court Administrator who stated that pre-printed forms are only for pro se litigants.  I would have to draft a motion for modification and contempt to file with the court.  In return, the court will set a hearing date.

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