 |
 |
 |
|
|
|
|
 |
 |
 |
 |
|
|
 |
|
Law Clinic Syllabus
Spring 2000 Professor K. O'Leary Professor J. Dillman Professor D. Vaughn
The Classroom Component: Welcome to the Law Clinic. Below is a summary of this semester's classes, with reading assignments and locations. Not all classes are in the same location, so please read your syllabus to determine where you are supposed to be meeting. All classes are from 4:00 to 5:30 p.m. on Mondays and Thursdays. Most of our classes involve discussion and active participation; it is important that you arrive on time so that we can begin on time. The classes are intended to convey
information you will need to enable you to represent real clients. You
are expected to attend each class so that we don't spend time repeating
information and so that individual meeting times are more helpful. The
clinic does not follow the law school's absence policy, and absence from
more than two classes may result in your not passing this course.
If you cannot attend a class, let your supervisor know in advance. Most of our work in class will involve material taken from our actual cases and readings from several books. Text books include:
You are not required to purchase these books; they are available in the Clinic library. However, you must not take the books outside of the Clinic office. Additional reading assignments will be handed out or placed in the clinic library. Please prepare the class assignments in advance -- we will assume that you are familiar with the content of the readings listed on the syllabus and that you have prepared assignments as listed. Representing real clients is an intensive experience; consequently, you will receive five credits for this class. Your work in the clinic should average 18-20 hours per week (including everything, e.g., class, reading assignments, casework, meetings with supervisor, court, discussions with classmates about cases, etc.) You may, however, spend more than 20 hours some weeks and fewer than 18 hours other weeks. You are expected to devote as much time as you need to professionally represent your clients, to complete your required assignments, and to thoroughly participate in class. In some instances, this may involve time over breaks or just before a final exam. You will list all time spent on clinic work, including reading and class preparation, class time, casework, time spent with supervisor, etc., on your weekly time sheets. You are also required to check in daily for messages and important mail. You do not receive a letter grade for this course. You will be expected, however, to represent your clients zealously and competently, abiding at all times by the rules of professional responsibility. A single lapse in professional responsibility or judgment may result in a failing grade in the course. Therefore, you will need to manage your time and caseload professionally and consult with your supervisor on a regular and timely basis before a major problem arises. However, if you think a problem has occurred, you should consult your supervisor or, in the event of an emergency, another supervisor, immediately upon learning of the problem. Please consider your schedules now and discuss with your supervisor any conflicts or special needs you might have this semester. Advanced planning and regular communication with your supervisor and with anyone else with whom you are collaborating is essential. If you have questions about how the clinic works, please consult your Office Procedures manual or ask your supervisor, Denise, or other clinic faculty for help. Although your complete assignments are listed below, here are some highlights to note:
The Casework Component:
You will represent clients in actual
cases. You should each expect to have at least one housing case (housing
cases are generally in court on Thursday or Friday afternoons). You will
also represent juveniles in criminal delinquency matters and/or clients
in family law and domestic violence cases. Although there is no set
number of cases, most students take between three and five cases during
the semester. The office procedures manual will outline more specific
information about how to handle your casework.
You will also work on a project designed
to help you practice lawyering skills that are not used as often in
representing individual clients. We will discuss project work with you
in individual sessions or in classes.
Clinic Evaluation Criteria:
Although you will not receive a letter
grade for the clinic, your work is evaluated on, and you are expected to
show competence and improvement in, a number of areas. These areas are:
Case work (50%), including use of Amicus,
maintenance of files, closing/transfer memos and letters, and work on
cases. Case work can be broken down as follows: initiative, 10%;
preparation, 20%; execution, including documentation, 10%; and attention
to ethical issues, 10%
Class participation and preparation
(15%)
Written and oral reports (10%),
including quality of self-evaluations (midsemester, final evaluation),
poverty law assignment, and reflection paper.
Project summary and work product (10%)
Self-learning/initiative (10%)
Interpersonal (5%), including
supervision, collaboration with staff, interaction with colleagues, etc.
Professional responsibility (attention
to rules, zealous advocacy, preparation, etc. ) yes/no. Note: As was
noted above, a single lapse in the area of professional
responsibility, if significant, could result in your not passing this
course. If you have any questions about an issue of professional
responsibility, please discuss it with your supervisor and/or another
clinic supervisor.
WELCOME TO THE
PRACTICE OF LAW!
Part I: Introduction and Orientation to the Clinic Monday, 1/10; Room 222 Introduction to the Law Clinic Reading: Ohio Code of
Professional Responsibility and Rules for the Government of the Bar of
Ohio, Rule II (both contained in the Anderson court rules books located
in the Clinic).
Thursday, 1/13; Room 115 Overview of Office Procedures Reading: Office procedures manual (including attachments). Note: Manual is on-line at www.udayton.edu/~lclinic/students.html; attachments will be distributed. Preliminary statement of educational and professional goals
due
Part II: Introduction to Court Systems
Monday, 1/17 - No class (Martin Luther
King, Jr. Day)
Tuesday, 1/18; Room 222 Introduction to Interviewing Reading: B, B&P, Chapter 8; Gay Gellhorn, "Law and Language: An Empirically-Based Model for the Opening Moments of Client Interviews," 4 Clinical Law Review 321 (1998). Thursday, 1/20; Room 222 Housing simulation: Responsive Pleading and Discovery Reading: White, Ohio Landlord Tenant Law, Chapters 1-5, 12, 13, and 16. Assignment: Prepare responsive pleadings and discovery before class. Treasure hunt distributed
Monday, 1/24; Courtroom Housing simulation: simulated hearing Reading: Finish 1/20 readings. Assignment: Prepare for simulated hearing to be held in class today. Thursday, 1/27; Room 222 Case planning Reading: Thomas Mauet, Pretrial (4th ed.), Chapter 1, "Introduction to Litigation Planning." Assignment: Choose one
case file that has been assigned to you. Prepare to present to the group
a short factual summary of the case, what the client wants and why, the
legal theories you might pursue, what information you need and how you
plan to proceed with the case. Write this out and place it in the other
students' boxes prior to class.
Monday, 1/31; Room 222 Overview of courts and agencies: focus on housing Treasure hunt due
Thursday, 2/3; Room 222 Overview of courts and agencies: focus on juvenile/criminal law and family law. Reading: Montgomery County Common Pleas Court - Domestic Relations Division and Juvenile Division rules (both in Anderson court rules book); Kurtz & Giannelli, Ohio Juvenile Law, Chapter 1. Optional reading: Kurtz & Giannelli,
Chapters 4, 20, 22, and 24.
Part III: Nuts and Bolts of Lawyering
Monday, 2/7; Room 222 Interviewing clients - a more in-depth look. Assignment Poverty assignment due Thursday, 2/10; Room 222 Collaboration Reading: Susan Bryant,
"Collaboration in Law Practice: A Satisfying and Productive Process
for a Diverse Profession," 17 Vermont Law Review 459
(1993) (excerpts).
Monday, 2/14; Small group meetings Theory of the case Reading: Moore, Bergman & Binder, Trial Advocacy, pp. 1-64. Assignment: Identify
key factual inferences you want the trier of fact to make in your case.
Identify alternative factual inferences your adversary wants the trier
of fact to make. Explain how you will make it more likely for the trier
of fact to adopt your version.
Thursday, 2/17; Small group meeting Case rounds Mid-semester assessment due Monday, 2/21 NO CLASS (President's Day break) Thursday, 2/24, NO CLASS (President's
Day break)
Monday, 2/28; Courtroom Making objections and introducing exhibits Reading: Moore, Bergman
& Binder, Trial Advocacy, pp. 292-310
Thursday, 3/2; Room 222 Examining witnesses and organizing for trial Reading: Moore, Bergman & Binder, Trial Advocacy, pp. 66-92. Optional reading: Moore, Bergman & Binder, Chapters 11, 12, 13, 14. Monday, 3/6; Room 222 At the movies: counseling approaches, counseling models Reading: Cochran &
Shaffer, pp. 5-54; Binder, Bergman & Price, Chapters 1, 2; Casper,
et al., "Procedural Justice in Felony Cases," 22 Law &
Society Review, 483 (1988).
Thursday, 3/9; NO CLASS Monday, 3/13; Room 222 Negotiation Reading: Bastress & Harbaugh, Interviewing, Counseling, and Negotiating: Skills for Effective Representation, Chapter 16. Assignment: Negotiation
exercise
Part IV: Varying our Approaches and Refining our Techniques Thursday, 3/16; Small group meeting Special consideration when working with young people: Counseling juvenile clients; interests of children in family cases. Reading: Binder, Bergman & Price, Chapters 14 & 15; Ohio Code of PR, Canons 4 & 7 and ECs; Ohio Juvenile Law, pp. 205-253; Uphoff, book, to be announced. Monday, 3/20; Room 222 Cultural difference, perspective and giving wise counsel Thursday, 3/23; Small group meeting Case rounds Monday, 3/27; Room 222 Alternatives to Adjudication: ADR,
Mediation & Conceptual blockbusting - rethinking/reflection upon
what it is that lawyers do & transcending assumptions
Part V: Reflection, Critique, Examination, Evaluation: Learning to Grow
Professionally
Thursday, 3/30; Small group meeting Emotion, objectivity, judgment and dealing with "bad" cases; Therapeutic jurisprudence & preventative law Reading: Cochran & Shaffer, pp. 116-129; Patry, et al., "Better Legal Counseling Through Empirical Research: Identifying Psychological Soft Spots and Strategies," 34 California Western Law Review 439 (1998). Assignment:
Presentation as requested
Monday, 4/3; Room 222 Comparing civil/criminal systems Assignment:
Presentation as requested
Thursday, 4/6; Room 222 Professional responsibility & moral ethics in law practice Assignment: Present ethical situation from case Reflective essays due
Monday, 4/13; Room 222 Professional responsibility & moral ethics in law practice (continued) Assignment: present
ethical situation from case
Thursday, 4/17; Room 222 Discussion of reflective essays. Thursday, 4/20; Andes Room Final reflection Assignment: Review preliminary statement of goals, midsemester assessment, reflective essay, and overall clinic experiences. Think about what surprised you and/or what you learned about yourself, law practice, etc. this semester and how, if at all, you might incorporate your experiences into your future career. Everyone is required to present their thoughts in class. Attendance and participation is absolutely required to receive credit in the course - no exceptions. |
