Public Interest-Chap2.Pdf
Total Page：16
File Type：pdf, Size：1020Kb
CHAPTER 2: OPPORTUNTIES DURING LAW SCHOOL Law students do not need to wait until after they pass the Bar to begin using their legal skills in public interest law. There are many programs already established to help students participate in public interest law. There is also considerable room for students to create their own ways of helping others based on their specific interests and desires to help. DURING THE SCHOOL YEAR There are several opportunities for students to work in public interest law during the school year, some of which provide school credit. These opportunities include externships, law courses, directed research projects, the student-run Public Interest Law Foundation (PILF), and the Pro Bono Alliance, to name a few. Law students benefit greatly from getting involved in public interest work during law school. Students working in public interest placements are usually able to gain practical experience more quickly, and get more responsibility than students in conventional placements. This is usually due to the large amount of work that needs to be done by the employer and to the scarcity of resources to assist those in need of help. There are, however, certain guidelines the student should be aware of before determining which of these opportunities they would like to pursue. Pursuant to ABA standards, the maximum number of credit hours a student may receive for externships, directed research, and co-curriculars (Law Review, Moot Court, etc.) during law school is fifteen. Third-year Practice Rule Students can benefit from networking opportunities by working with, or being in contact with, practicing lawyers. These networking opportunities can help students decide how public interest work is going to be a part of their legal practice because they allow students to talk with lawyers involved in this important work. Additionally, third-year law students may be able to gain in court experience through these programs under the third year practice rule. Stipulations for Utah’s Law Student Assistance Rule can be found at: www.utcourts.gov/resources/rules/ucja/ch14/08%20Special%20Practice/USB14-807.html. Externships During the school year, there are different types of externships available that allow students to work in public interest law. In the past, students have worked with attorneys on pro bono cases and with local public interest organizations. In addition to the practical experience gained, students also earn school credit by participating in the externship program. Two public interest externships that are consistently offered are detailed below. Tribal Courts Externship The Tribal Courts Externship is a specialized, two credit hour externship in which students serve as advocates in the Ute Tribal Court in Fort Duchesne, Utah. In addition to serving as advocates in the Tribal Court, students have the opportunity to be sworn in as members of the tribal bar. Contact Professor Backman for information about arranging this externship placement at [email protected]. Mediation Externship The Mediation Externship is a program available to students who have completed the Basic Mediation course. In this externship, students are able to earn one credit for each 50 hours of work performed in an approved mediation externship or with the Campus Center for Conflict Resolution (BYU) or Community Mediation Center of Utah County (CMC). A more in-depth discussion of available externship opportunities is discussed on page 33 of this guidebook, During the Summer. Students can also access information about past and present externships through the externship database at www.law2.byu.edu (click on: Current Students > Careers > Externships > Access Externship Database/Paperwork). Contact the CSO for the password. Law School Courses The Law School offers several courses that incorporate a service learning component allowing students to practice what they learn. There are also courses where students, working independently or in teams, can design their own public interest project to meet specific community needs. Brief descriptions of these courses are listed below. Basic Mediation Basic Mediation is a three credit hour course that covers both the theory and practice of mediation. Students learn mediation skills through simulated exercises and role play; therefore, attendance and participation are essential. Students are also required to spend thirty-five hours mediating at small claims court. Domestic Relations Domestic Mediation is a two credit hour course that covers family law matters students will encounter as they assist pro se uncontested divorce clients in Utah. The focus of the class is on the practical aspects of representing a client in a divorce or custody case. Students are required to complete 39 hours of community service by working with pro se petitioners. Domestic Violence Intervention Domestic Violence Intervention is a two credit hour course offered in the fall semester, in which students learn about the dynamics of abusive families and possible legal remedies. These include: protective and restraining orders, personal injury cases, custody and divorce actions, and criminal actions. Students have the opportunity to work with real clients through local agencies such as Utah Legal Services, the Center for Women and Children in Crisis, and local Victim Advocates, who serve as the liaison between the police department and the city prosecutor. Additionally, students may have the opportunity to represent clients seeking protective orders under the third year practice rule. Elder Law Elder Law is a two credit hour course offered in the fall semester in which students learn how to handle legal issues common to the elderly. These include: estate planning and medical directives; consumer fraud; public benefits such as Medicaid, Medicare, and Social Security; nursing homes; property issues; and elder abuse. Students meet with elderly clients weekly at local senior citizen centers where they have the opportunity to draft simple wills, medical directives, and deeds in behalf of actual clients. Child Advocacy Child Advocacy is a two credit hour course taught by Judge Kay A. Lindsay and Professor Susan Griffith each winter semester. The course is an overview of the juvenile court system, covering both delinquency and dependency (abuse and neglect) cases. Students have the opportunity to shadow the Guardian ad Litem, Public Defender, Assistant Attorney General, and Juvenile Court Judge. In addition to the observation of these officials, students have the opportunity to tour various agencies. Agencies included are: The Detention Center, Independence High School (an alternative education school), The Children’s Justice Center; Family Support and Treatment, Vantage Point (which serves as the receiving center for children picked up on lesser charges), Observation and Assessment, the House of Hope (an inpatient substance abuse treatment program), and the Division of Child and Family Services. Hispanic Street Law Street Law is a two credit hour course offered in the winter semester in which students have the opportunity to develop lawyering skills by working with real clients from the community. Students meet with clients at the Food Bank/Community Action, Centro Hispano, and the Food and Care Coalition where they collect information through an intake process. That information is reviewed with the professor/attorney to determine what can be done for the client. Students can expect to see a wide range of issues, including public entitlements, housing, immigration, consumer, criminal, and family law. Youth in Mediation Youth in Mediation is a two credit hour course in which students learn advanced mediation concepts and use their mediation skills with at-risk youth. As part of the course, students are trained and receive a certificate for Parent Teen and Victim Offender mediation. The students augment their basic mediation skills by participating in one-on-one instructor feedback, video tape review, lecture, role plays, and other activities. The students learn many advanced skills about mediating with youth such as co-mediation, questioning, power imbalance, future focus, and relationship based mediation techniques. These advanced skills are put to practice in a 39 hour practicum. Students must attend five sessions of Parent-Teen Mediation with the remaining hours completed in one or more of the following options: Slate Canyon, Summit; Slate Canyon, Horizon; Observation and Assessment (O&A); Focus, Youth in Custody for Junior High; Starbright, Youth in Custody for Elementary; Parent Teen Mediation; Victim Offender Mediation and Intake; Off Campus Housing; Coaching Undergraduates; Mediation Presentation; Slate Canyon Coaching; Parent Teen Training and Schools Training; coaching at the Basic Mediation Training; Department of Children and Family Services; Community Mediation Center Projects; American Fork Small Claims Court; coaching basic mediation students at Small Claims; Anger Management; and Family Conflict Resolution Class. The students who have taken this course in the past have had great influence on the lives of youth and have enriched their own lives. Directed Research Full-time instructors may approve academic credit for Directed Research for students who have completed their first year of study. No more than two credit hours of directed research may be approved for a student in any semester, with no more than four cumulative credits. Some of these projects have been related to public interest work in the past. Students may