The Legal
American Association for Paralegal Education Volume 33, No. 1 FALL/WINTER 2018
Who Speaks for the Paralegal Studies Student?
An Educator’s Perspective when Teaching Forensic Science to the Legal Studies Student See article on page 35
New Dreams of Law School… Student Voice One Applicant’s Brave Journey
Column See article on page 9 Honorary Membership in AAfPE Each year, up to two persons who have provided outstanding service to AAfPE, but are no longer 2019 CALENDAR involved in paralegal or legal studies education, may be conferred with honorary lifetime membership. March 7-9, 2019 Spring Conference A nominee must have two (2) letters of recommendation (hosted by Pacific Region) from two (2) different AAfPE member institutions. San Diego, California If you are interested in nominating someone for this April 4-6, 2019 achievement, please mail and/or email your letters Spring Conference of recommendation on institution letterhead to (hosted by North Central Region) AAfPE Headquarters at [email protected] or Chicago, Illinois 222 S. Westmonte Dr, #111, Altamonte Springs, FL 32714.
April 2019 Nominations received by May 31 will be considered for Board of Directors Meeting award at the next National Conference. Seattle, Washington
November 5, 2019 Board of Directors Meeting Seattle, Washington
November 6-9, 2019 writing for 38th National Conference Seattle, Washington The Legal Educator
Would you like to impress your boss, your colleagues, Help at Your Fingertips: your students? Do you have a teaching experience, THE EDUCATIONAL RESOURCE LIBRARY knowledge relevant to the paralegal profession, or a solution to a problem that you would like to share? The mission of the ERL is to provide members with course-level resources, such as syllabi and subject- If you are thinking “yes” to any part of these questions, matter projects and program-level resources, such as then it is time to put your ideas on paper and write an assessment plans, rubrics, professional development ideas, and surveys. Since the ERL’s inception, the article for AAfPE’s national peer-reviewed magazine – Education Committee has been gathering and cataloguing The Legal Educator. all types of information, even archives of relevant listserv discussions, in an effort to streamline AAfPE institutional The Legal Educator is published one to two times a year. members’ access to material designed to make our lives Articles can be submitted at any time; however, the easier (always a bonus) and our programs even better. deadlines for the two issues are typically January 31 To explore the ERL, go to www.aafpe.org, click on and June 30. A broad theme may be assigned “Members Only,” and enter your Username (your email to an issue to focus on trends and concerns within address) and Password (from AAfPE). If there is content paralegal education and the paralegal profession. Watch you would like to see added, please let us know. Or, for the “Call for Articles” on the AAfPE listserve which if you have something to add, please send it to info@ will provide this information. aafpe.org. Contributors retain all copyright and author privileges to their own material. The ERL should only If you have any questions or would like more information, get bigger and better as time passes and more AAfPE please contact Editor-in-Chief Carolyn Bekhor at members help it grow. [email protected] or (909) 448-4410
2 FALL/WINTER 2018 THE LEGAL EDUCATOR The Legal
American Association for Paralegal Education
table of The Legal Educator is published one to two times a year by AAfPE; 222 S. Westmonte Drive, Suite 111 Altamonte Springs, FL 32714 (407) 774-7880 Fax: (407) 774-6440 Contents E-mail: [email protected]
PUBLICATION DATES: Spring/Summer and/or Fall/Winter
SUBSCRIPTION RATES: Message from the President 4 $50 per year; each AAfPE member receives one subscription as part of the membership benefits; additional member subscriptions available at the rate Message from the President-Elect 8 of $30 per year.
ADVERTISING RATES: Dreams of Law School... One Applicant’s Brave Journey 9 [email protected] (New Student Voice Column)
EDITORIAL STAFF: Carolyn Bekhor, JD – Editor-in-Chief, Publications Chair Effectively Teaching Case Briefing 12 Steven A. Dayton, JD – Assistant Editor Steven A. Dayton, JD; Margaret Uchner, Esq.; and Dora J. L. Dye – Editorial Review Board Access to Justice Paralegal Service Achievement Award 15
PUBLISHER: AAfPE Experiential Access to Jusice: Formulating Clinical Education Programs for Paralegals 16 Articles and letters to the editor should be submitted via the online form available at http://www.aafpe. org/?page=callforauthors. Intercultural Competence: Why Paralegals Need This Skill 24
DEADLINES: January 31 and June 30. Do You Know It When You See It? What is “Quality Online Education”? 29 Articles may be on any paralegal education topic but, on occasion, a Legal Educator issue has a central theme or motif, so submissions may be published in any issue Virtual Study Abroad 32 at the discretion of the Editor(s) and the Publications Committee. (A submission may be rejected as well at the discretion of the Editor(s) Who Speaks for the Paralegal Student? An Educator’s and/or Committee.) Perspective when Teaching Forensic Science to the Articles may be of any length although, generally, Legal Studies Student 35 submissions should not exceed 1,000 words. The article should be submitted with an appropriate title, the author’s biography (3-5 sentences) at the end Professors and Law Students Collaborating on Writing 40 of the article, and with a recent photo (.jpg at 300 dpi only). Articles should be submitted in Microsoft Word®. It is preferred that articles be double-spaced, 12-point LEX Update 41 Times New Roman, and follow the conventions of good English. Please spell and grammar-check articles before submission. Additional editorialguidelines can be found LEX Essays 42 at the AAfPE website (www.aafpe.org). 2018 - 2019 AAfPE Officer Election 50 Publication and editing of submissions are within the purview of the Editors, President, and Executive Director. The opinions expressed in The Legal Educator 2018 - 2019 Candidate Statements 50 are those of the authors and are not necessarily those of AAfPE. AAfPE Bytes 54 Articles may be reprinted with the permission of AAfPE. To secure permission to reprint articles, please contact [email protected].
© 2018 AAfPE THE LEGAL EDUCATOR FALL/WINTER 2018 3 BY KYE W. HAYMORE, PRESIDENT - Georgia Piedmont Technical College
the president’s Message
After last year’s conference, the Board regrouped and began brainstorming how to better present our ideas for realigning our regions and for positioning AAfPE for the future. The How can it possibly be October? I Board proposed a bylaws change regarding the elimination know that it may sound trite, but I of one region and renaming the remaining regions. The Board spent a great deal of time on the how and why these cannot believe that my time as AAfPE changes needed to occur, but we failed to adequately outline that reasoning to the membership. Therefore, we want to President is ending. The past year remedy that since we intend to propose the same bylaw change along with other proposed changes. The official has been a whirlwind of meetings, bylaws change language will follow the President’s message. conference calls, and commitments. In an effort to establish equal representation within the As I take stock of what our organization voting membership of AAfPE, the AAfPE Board asks that you vote “Yes” to our first proposed bylaw change regarding has accomplished in the past year, “Bylaw 4.3, Regional Directors.” Please review the current I must say I am proud of the direction map of AAfPE’s Institutional Members. As you will notice, the current organizational structure puts our colleagues from your AAfPE Board has taken. I believe the South Central region at a disadvantage when it comes to electing one of their members to a Board position that is an that we have forged new paths for the organization-wide position. organization while still honoring and Our proposed bylaw change, as reflected in the second map, bolstering AAfPE’s foundation. We would change the names of our regions and eliminate one region. Our regions would now be named Central, North, will soon gather in Newport, Rhode South and West. The former South Central region members would be moved to the South and West regions. Louisiana Island, for our annual conference as and Arkansas would move to the South Region. Texas and we “Navigate the Future” of our great Oklahoma would move to the West. This small change would provide an almost perfect balance in the number of organization. At our conference, Institutional (voting) members per region, with 70 in the North, 70 in the South, 71 in the Central and 69 in the West. we will have an opportunity to propel This balance provides fairness in the election process of AAfPE and its members forward. national officers.
In addition, if you have reviewed the financial reports from the past few years, I am sure you are aware of dwindling membership dues. While much of this decline is due to circumstances beyond our control, such as the closing of programs and the decline in state budgets for the last few
4 FALL/WINTER 2018 THE LEGAL EDUCATOR years, the Board has made concentrated efforts to tighten and implementing electronic voting at the Friday Business the organization’s belt. This bylaw change would expand Meeting. This voting will be secure and user-friendly. Most those efforts. By moving forward with four regions instead of importantly, it will streamline the voting process. Observing five, we will have one less board member, helping to reduce online voting with other similar organizations, the Board the cost of board expenses. The Board has tried very hard to believes this new process will allow us to more easily minimize our expenses for the good of the organization. This navigate our future. proposed change would allow for an additional savings of approximately $2,500 per year. As I close, I would like to take a moment to share some personal thoughts. As I was sitting at my desk composing The other proposed bylaw changes (1.3, 1.3a, 1.3b, 1.3f, 2.1, this President’s Message, my heart was quite sad. I had 2.2a, and 2.2c) address the organization’s desire to reach out just received word that one of AAfPE’s most dedicated beyond our base of paralegal studies programs. The language advocates, Kathryn Myers, had passed away. Kathryn’s name reflected in these bylaw changes would simply expand is synonymous with AAfPE. When we gather at the 37th our member outreach. Changing the phrase “paralegal Annual Conference, she will be on all of our minds. She was education” to “paralegal and legal studies education” a visionary, a mentor, and a dedicated servant. Her loss is felt throughout the bylaws would broaden our membership by so many. without jeopardizing the foundation and purpose of our organization and without changing our high standard for a I remember the day I got up the nerve to ask for her vote voting membership. These changes: when I was running for President. I told her that I really hoped she would vote for me and that her vote would be • Pave the way for providing a more welcoming one of the most meaningful I could receive. I could tell I had environment to other institutions wishing to surprised her with that comment, but she immediately broke into the most gracious smile and said “Thank You.” That was join without detracting from the importance the last time I spoke with her, but in that moment I saw the and significance of the paralegal profession; realization in her eyes of how much a new generation of paralegal educators valued her contribution to our field. We • Are more in keeping with the times, given the will honor Kathryn at this year’s meeting and I hope each of trend toward LLLTs, and other quasi-legal career you will be there to honor her as well. paths; and Once again, I am grateful for this opportunity to have served you this past year. I am optimistic about the future of AAfPE • Facilitate our ability to engage with organizations and about the changes your Board is proposing. such as the ABA, NFPA, NALA, and LAMA as well as work with the individual states on certification Sincerely, for their legal professionals. Kye W. Haymore We hope you will understand that we consider these President changes as a way for AAfPE to take a leadership role AAfPE in the future of our profession.
The final change you will notice at this year’s conference is that we are transitioning to electronic voting during our business meeting. The past few conferences have seen a dramatic increase in the length of our business meeting. In order to utilize our time more wisely, we are moving our awards and recognitions to our Thursday luncheon
THE LEGAL EDUCATOR FALL/WINTER 2018 5 Proposed Bylaws Changes
In accordance with Article VIII, Section 8.1, of the bylaws of the American Association for Paralegal Education (AAfPE), notice is hereby filed on this 25th day of August, 2018, and the membership duly notified that changes to the association’s bylaws have been proposed.
Motion It is recommended that the bylaws of the association, Section 4.3, be amended as follows:
Current Provision Proposed Amendment
4.3 Regional Directors. There shall be one director elected 4.3 Regional Directors. There shall be one director from each of the five regions: North Central; South Central; elected from each of four regions: Central, North, South, South East; North East; and Pacific. The Board of Directors and West. The Board of Directors shall be responsible shall be responsible for defining the geographic boundaries for defining the geographic boundaries of these regions. of these regions. These Directors shall be elected by the del- These Directors shall be elected by the delegates from egates from the respective regions at the annual meeting. the respective regions at the annual meeting.
Rationale This change will equalize representation across regions as well as save money by eliminating a board position.
Motion It is further recommended that the bylaws of the association be amended as follows:
Sections 1.3, 1.3 a, b, f, 2.1., 2.2 a, and 2.2 c will be changed in all places within the bylaws where is says “paralegal education” to be changed to “paralegal and legal studies education” and in all places where it says “paralegal educators” to be changed to “paralegal and legal studies educators.”
Rationale These changes allow AAfPE to broaden its membership without jeopardizing its foundation and purpose or changing its high standard for a voting membership. All programs, whether legal studies or paralegal studies, must still be either ABA-approved or in substantial compliance with ABA to be considered Institutional Members.
Board Recommendation The AAfPE Executive Board recommends adoption of these proposed bylaws changes.
Voting These proposed bylaws amendments will be voted on in accordance with Article VIII, Section 8.2, of AAfPE bylaws on Friday, November 2, 2018, during the business meeting at the 37th Annual Conference. The bylaws amendments shall not be adopted unless it is approved by two-thirds of the votes cast on the proposed amendment at the annual meeting. A member school shall not be counted as voting unless it votes for or against the amendment. The votes cast shall not include blank ballots and abstentions.
Comments Members may visit the website to submit any questions, comments, or feedback regarding this proposed change. All feedback received will be addressed in a timely manner.
6 FALL/WINTER 2018 THE LEGAL EDUCATOR Current
Current
ProposedProposed
West Central South North
THE LEGAL EDUCATOR FALL/WINTER 2018 7 BY WM. BRUCE DAVIS, PRESIDENT-ELECT - University of Cincinnati Clermont College
the president-elect’s Message
Perhaps we need another Erin Brockovich to inspire potential It’s hard to believe that I attended my students to embark on a career as a paralegal. I know that the CSI series has motivated students to study forensics. Little do first AAfPE national conference 14 they know the distance between the television programs and years ago. At the time, I would never reality of that profession. I think many of these students would be happier as paralegals. This seems like an opportunity. have guessed that I would serve as the Throughout this column, I have referred to paralegals, but many association’s treasurer for six years and of the traditional paralegal programs are changing their names to “legal studies.” This is a recognition of a perceived broader then be selected as president-elect. Time appeal of programs with that name. AAfPE has embraced does fly, indeed. As I reflect on this time, this – with the modernized logo, we have added the tagline “Leaders in legal and paralegal education.” A proposed bylaw I find that I have made many friends in change reflects this trend and is intended to broaden the reach of AAfPE but does not weaken the qualifications for the various AAfPE, learned from the greats, adopted levels of membership, which would remain unchanged. One teaching techniques in my classroom, of the duties of president-elect is membership, and as such, I encourage you to approve the proposed bylaw change so the presented at nearly every national benefits of AAfPE can reach a broader audience.
conference, and have come to appreciate Speaking on the benefits of AAfPE membership – we offer a rich assortment of resources – conferences, The Legal Educator, the great value we all have in AAfPE. AAfPE Bytes, the Electronic Resource Library (ERL), and the listserv. Many of us are operating like solo practitioners, Even though I have served on the AAfPE Board running a program with limited access to colleagues in the of Directors for several years, nothing could field, as well as scarce local materials. AAfPE brings people have completely prepared me for the awesome and resources together to benefit not only the educators, but responsibility I am about to undertake. As I adapt perhaps more importantly, our students; AAfPE membership is to the additional responsibilities as your President, indeed a valued asset. I realize that I am, like Sir Isaac Newton, “standing on the shoulders of giants.” The work done by the I am especially looking forward to our national conference founders, our predecessors, and colleagues has in Newport, Rhode Island. The Conference Committee, your positioned AAfPE for long-term success. Board of Directors, and our management company have worked determinedly to bring you a meaningful, valuable, and That is not to say that we don’t face challenges. enjoyable conference. I hope to see both old and new friends For example, in the program at my school, we have at the preeminent gathering of legal education professionals a bit of an enigma at work. Demand for paralegal teaching non-lawyers. graduates is at an all-time high, yet enrollment of “new students is waning. As I talk with program Wm. Bruce Davis directors and faculty of programs across the nation, President-Elect I find that ours is not an isolated case.” AAfPE
8 FALL/WINTER 2018 THE LEGAL EDUCATOR Student Voices (New Column)
Note from the Editor: In this issue of The Legal Educator, we are introducing a regular column called “Student Voices” that will feature stories and testimonials by paralegal and legal studies students. One definition of “student voice” can be found in The Glossary of Education Reform (online) which says student voice refers to the “values, opinions, beliefs, perspectives, and cultural backgrounds of individual students and groups of students in a school, and to instructional approaches and techniques that are based on student choices, interests, passions, and ambitions.” See:
DR. ROBERT DIOTALEVI, ESQ., LL.M. - Florida Gulf Coast University AND MS. MELISSA SOUZA LARREA - Florida Gulf Coast University
Dreams of Law School… One Applicant’s Brave Journey
Introduction Melissa Larrea received her Bachelor’s Degree in Legal Studies and minor in Philosophy from Florida Gulf Coast University (FGCU) in Fort Myers, FL, in 2014. She met her professor, Dr. Robert Diotalevi, Esq., LL.M., in Legal Research and Writing during her course of studies. Melissa showed promise from the beginning. Her bright, cheery attitude coupled with her love of learning showed Bob that she was special. Melissa had a flair for writing which helped the two co-author legal articles. Now, it is on to law school for Melissa. Her journey is inspiring and may help to instruct and serve future aspiring law students.
THE LEGAL EDUCATOR FALL/WINTER 2018 9 Melissa’s Story I was eighteen at the time. The excitement and fear came I remember my first day at Allen Park Elementary School. I rushing back like that first day of second grade. I never was afraid, confused, and excited. I was uncertain about why thought I would have children. It was not in my life plan. I I was starting a new school when I had a school, teacher and knew I wanted to get married eventually, but for me, having friends back home in Quito, Ecuador. Nevertheless, I bravely a successful career was my primary goal. I was raised in the walked into my second-grade classroom. All the faces were Catholic doctrine that marriage came first, then kids. I felt unfamiliar and I could not communicate with any of them. It like I had let my family and my faith down. However, my son took me sometime to understand that my family and I were has been the biggest blessing God could ever give me. He not to return home. I did not understand why at that time. taught me about selflessness and unconditional love. He is Now I realize my parents wanted what all parents want: a the driving force in me every day to keep pushing forward in brighter future and safer place for their children to grow up. achieving my goals to be able to provide for him and give him I appreciate their courage and efforts. My sister and I would a better life. not have had the opportunities that we have now if it were not for my parents’ leap of faith in leaving our home country Even though the odds were not in my favor to graduate, to go in search of the American dream. to college and to pursue my law career, I have never faltered. The road might be longer and harder, but never unachievable. Starting over in a new country with no family or When I was told that I would not graduate or become an friends for support was difficult. The uncertainty of attorney, as a full-time mother, employee and student, I was determined to beat the odds. It is not easy to follow not being able to provide and having to return back your dreams and support your child as a young mother. to Ecuador was worrisome, but the sense of security Nonetheless, I remain determined to pursue my aspiration and hope that we all felt kept us going. Although of becoming an attorney, knowing it will be worthwhile. My Ecuador is a beautiful cultural country, unfortunately mother showed me that no matter where you are from or it is not safe and opportunities are limited. My what tribulations you have experienced, when you want something and work hard for it, you can achieve it. I want to parents’ strength and determination are rooted deep be the role model that my mother was for me to my son. I within me. I do not take for granted the opportunity am raising my son to have the same mindset and values that I received as a child, which is where my profound I grew up with, so he can be kind, fearless, responsible and interest in immigration law comes from. Being an motivated in any path he decides to take in life. immigrant and succeeding in the United States has My parents divorced a couple years after we came to the made me want to help immigrants with the same United States. It was a difficult time because as a child I was hope for a brighter future. angry and confused. I remember packing my purple Winnie the Pooh backpack with a week’s worth of clothes and leaving I conquered English my first year. It soon became my primary it at the front door with two soda cans for my Dad and me. language, but my parents never let Spanish fade away. As I was not going to leave my Dad alone when he needed my mother has always told me “being bi-lingual will open someone to talk to, and what better person than his ten-year- many doors for you in your career,” and it has. In all of the old daughter to understand and advise him. jobs I have had, Spanish has been useful, if not required. It is especially so in my current position as a legal secretary. I Later on, my mother re-married. It became the first time I use Spanish every day and have realized that being bi-lingual experienced domestic violence. I learned what a person’s is a great asset. It has helped me communicate with clients, drug addiction could do. One night everything changed for interpret at court hearings, and maintain my native roots. I us. I found myself defending my mother from getting hit, will continue to pass that example on to my son. while hiding my sister and calling 911. I do not know where the strength and bravery came for me to stand up to a six- October 13, 2010, was the most amazing and unforgettable foot-five man, but I knew that I had to act in order to keep my day of my life thus far. This was the day my son was born.
10 FALL/WINTER 2018 THE LEGAL EDUCATOR family safe. I thank God every day for giving me the courage I am confident that law school will help further my desire to make the call and for an event that although unfortunate of becoming an attorney by shaping me as a leader to taught me several life lessons. influence law policy in light of my religious beliefs. I am eager to learn from the faculty and peers in a school that shares Drug addiction reemerged in my life with my first love, the the same vision as I in serving the common good through father of my son and husband. He had become addicted to our legal profession. I hope I have the opportunity to be a marijuana and opiates. Just like my stepfather, it started as part of the reputable law community by contributing my prescribed medication used to relieve pain from an injury. passion, real world experience, discipline and perseverance. Later the prescribed opiates became abused opiates. I This young immigrant mother has thrived and has much remember waking up at 2:00 AM and seeing my husband more to achieve. Thank you for taking the time to read on the lanai, passed out and bent over with food all over his my story. I know your time is valuable with many other clothes. Flashbacks rushed in of seeing my stepdad in the undergraduate applicants. same position on the lanai unconscious with spilled cereal all over him. I made the decision to leave with my son and not CONCLUSION return unless my husband got help. I vowed that the cycle We are both excited that Melissa is embarking upon the next would not repeat itself. step in order to fulfill her dream. She also feels motivated to keep writing articles on relevant topics in the legal field with My life lessons are what have made me and gotten me to law professors. May we as teachers aid our students to aim where I am today. I often find myself reminiscing about higher in their endeavors today and in the future. all the hardships in my life, only to realize that they have been blessings. My journey has pushed me to want to use BIOGRAPHIES Dr. Robert Diotalevi, Esq., LL.M., is Associate Professor of Legal my adversities and experiences to help others. Working Studies at Florida Gulf Coast University in Fort Myers, Florida. He at a family and criminal law firm for the past three years has been a lawyer for thirty-three (33) years as a member of the has awakened my interest for defending clients in family Massachusetts and Florida bars. His e-mail is [email protected]. law matters as well as immigration. My past, along with becoming knowledgeable in family law, will allow me to help Melissa Larrea graduated from Florida Gulf Coast University people in similar situations. My senior year of college I had in Fort Myers, Florida, with a Bachelors degree in Legal Studies the opportunity to work with my professor and have my and a minor in Philosophy. She has been a legal assistant for senior project published. a criminal and family firm for several years. She plans on going to law school and wants to specialize in Immigration and/or Family law. Her e-mail is [email protected]. LEX Graduation Sash AAfPE offers Lambda Epsilon Chi graduation sashes for inductees. These sashes are purple satin, have the LEX Greek letters, and display the honor society seal embroidered in gold. The sashes are available at a cost of $35 (payable by credit card or check made payable to AAfPE). Payment is required with submission of order. Orders must be placed within two weeks prior to commencement ceremonies. AAfPE covers standard mailing costs for orders placed within a two-week delivery date. Express shipping costs for induction certificates, pins, or sashes are paid by the LEX chapter.
To order, visit the LEX area on www.aafpe.org
THE LEGAL EDUCATOR FALL/WINTER 2018 11 BY MARY CONWELL - Florida SouthWestern State College
Effectively Teaching Case Briefing
The material in this article may be
especially helpful for new instructors.
While primarily intended for beginning
Legal Research and Writing courses,
the advice discussed below can be
easily incorporated into Introduction
to Paralegal Studies and Introduction
to Legal Studies courses. Professors An important way to enhance legal analysis instruction in paralegal programs is to teach students how to brief cases. However, before teaching case briefing in paralegal paralegal educators can successfully teach case briefing to paralegal students, they need to be aware of and counteract specific certificate programs in compressed obstacles that are roadblocks to students effectively and efficiently learning how to brief cases. time periods may also benefit from
this article’s suggestions. The following Obstacles There are five obstacles that students need to overcome. The first observations and tips are based on my obstacle will be the anxiety that students new to legal research often feel; for some, it is full-blown fear and misgiving. many years of teaching legal research Adding to the initial nervousness that students experience is the and writing in paralegal programs. overwhelming number of resources with which to become familiar and comfortable. In the recent past, the plethora of print materials was mind boggling. As legal research has moved into databases like Lexis and Westlaw, the amount of information is truly unbelievable, even for experienced attorneys and law professors. For students just entering their legal studies, the effect is only exacerbated.
12 FALL/WINTER 2018 THE LEGAL EDUCATOR A third obstacle for teaching case briefing is the elephant After selecting the chapter or statute(s) for students to in the room: legal vocabulary. Once students are able to read, I then choose a word or term from the statutes for locate cases, they must then read and understand the cases, students to clearly explain and define. Students produce which means quickly picking up strange and complex legal a two-page, typewritten report summarizing the statute(s) vocabulary. in their own words, and they provide a personal evaluation of the statute(s). Was the statute clearly written? Did they The fourth obstacle is the judicial writing style, which can be understand it? How would they change it? challenging. Judicial writing is often convoluted and winding, taking the long route to reach the point of the decision. Second Assignment The final obstacle that students encounter when briefing For the second assignment, I select a recent state criminal cases is citation. Simply getting the hang of proper citation case. Death penalty cases are a good choice. It is probably takes time and practice. advisable to warn students before they read the case that the case’s factual background may be disturbing, especially if Overcoming Obstacles they have been victims of violent crimes or have personally Because reading case law is daunting and intimidating at the witnessed violent crimes at some point in their lives. offset, one way to overcome the obstacles to teaching case briefing mentioned above is to NOT assign a case right off the I have students just read the factual background to the case. bat in a legal research class. Instead, there will be improved They produce a two-page, typewritten report summarizing outcomes if the first assignment is a statute, not a case. the facts of the case and their personal reaction to what happened and the individuals in the case. Jeffries v. State, The second legal research assignment should be a case, but 222 So. 3d 538 (Fla.2017), is a case well-suited for a factual instead of reading the entire case, students just read and background summary. write about the factual background of the case. It is the third assignment where students actually read a full case and use The purpose of this second assignment is to engage students a modified brief/ IRAC format. in reading case law. Limiting their initial experience reading a case to just the facts helps students understand there is a Goals narrative behind every case, not just legal issues. Teaching students to brief cases in this way accomplishes three goals. It reduces and even eliminates the anxiety and As in the first assignment analyzing a state statute, the fear students experience about legal research and analyzing professor should select one or two legal words or terms from cases. It helps students become comfortable with the the fact pattern that students must explain in their report. various legal resources, print and online, that are available. This builds their legal vocabulary. For the Jeffries case, It encourages legal vocabulary building. students have to define Spencer hearing.
To further successfully teach case briefing, paralegal Third Assignment educators should prepare students by explaining judicial For the third assignment, students read and brief an entire writing style in cases and how it differs from non-legal case using a modified brief/IRAC format. It is important to writing. Professors should emphasize the citation process select a case to which students can easily relate. Ideally, the and its value later in the semester or quarter, not initially. case would involve college students and/or a criminal case.
First Assignment A case that I have successfully assigned is Rancourt v. State, For the first assignment, the students will be reading and 766 So. 2d 1071 (Fla. 2d DCA 2000). This Florida case analyzing a state statute because statutes are easier to read concerns a college student who was sexually battered by two and understand than appellate cases for new paralegal men she met at a bar near her college in Lakeland, Florida. students. Being based in Florida, I select a chapter regulating The Rancourt case has a powerful narrative that engages a profession or occupation from the Florida Statutes. The students. It is also a cautionary tale for young people living chapter regulating midwives generates much interest and away from home for the first time. discussion among the students.
THE LEGAL EDUCATOR FALL/WINTER 2018 13 Modified Brief/IRAC Format How Legal Research Is Taught At One College The modified brief/IRAC format for the third assignment is At Florida SouthWestern State College (FSW), where I work, organized into the following sections: Facts; Issue(s); Rules; the subjects of legal research and writing are taught over Analysis; Conclusion; Student’s Opinion. For the Facts two full semesters. Legal Research & Writing I is always section, the students provide a short, two- or three-sentence taught as a traditional ground course. It is where students summary of what happened. Students need to understand are exposed to the variety of legal resources and databases. the facts behind cases before they can understand the Legal Research & Writing II is now taught online. It is where related legal issues. students’ legal writing and research skills are polished with emphasis on proper citation. In the Issues section, the legal issues are presented as a statement or a question. Professors should endeavor to Positive Results select cases with just one main issue. If a case contains There have been positive outcomes to the revised approach multiple issues, students should just identify one main issue to teaching case briefing. This is a kinder, gentler approach for this first attempt. to preparing paralegal students to engage in legal research and writing. In the Rules section, students identify the controlling statutory and case law. They must briefly explain in plain Before this kinder, gentler approach of easing English each statute and case that they reference. students into case analysis was implemented, there was much less engagement by students in legal The Analysis section is the most challenging part of the case brief. Students explain how the court applied statutes and research. Maybe two out of 20 students enjoyed cases to the legal issue(s) in the assigned case. legal research. With the revised approach, eight to ten students out of 20 enjoy legal research, and the In the Conclusion section, students explain the court’s rest definitely cope better. decision in two or three sentences. It is critical that students clearly comprehend the outcome of the case. There is noticeable improvement in legal writing, legal research, and legal analysis for ALL students with the new The last section, the Student’s Opinion, allows students approach. Concrete outcomes of the new approach are to state whether they agree or disagree with the court’s increased competency and confidence by students in legal decision and give two or three reasons why or why not. research and writing. FSW Paralegal Studies Program Students explain how they would have decided the case. graduates have an exemplary reputation for their writing skills in the Southwest Florida legal community. Evaluating Student Work A critical component of effectively teaching case briefing Sources Of Student Confusion is timely evaluation of student work. Although grading It is critical to be aware of the main sources of student legal research assignments is extremely time-consuming, confusion. Students become confused about case history, professors should strive to provide students with written the parties involved, headnotes/keynotes, convoluted feedback about their work within a week if possible. fact scenarios, multiple legal issues, dicta, and holdings. Confusion expresses itself in mixing up concurring and The written feedback should begin with praise for what dissenting opinions. Phrases like “affirmed in part, reversed students understood and explained clearly. Positive written in part” challenge students. Students have trouble feedback should be followed with constructive criticism on understanding that a party may prevail on a legal issue but errors in their reasoning process and technical writing errors. still lose the case.
All assignments should be discussed in class. Have each The solution to these problems involves time and reading many student tell the class what was learned from doing legal cases. It does become easier the more a student reads case analysis of statutes and cases. law. To help students reach that “aha” moment, professors need to be a reassuring, encouraging, patient facilitator.
14 FALL/WINTER 2018 THE LEGAL EDUCATOR Advice To Students On Reading A Case Then they should take a long break and step away from their Students should follow these tips when reading a case. Read work for a few hours. Finally, they need to proofread again through the assigned case once to get an overall sense of for technical writing errors before submitting their work to the case. Students should NOT look up every unfamiliar legal the professor. word or term at this point. Students should NOT re-read and re-read a paragraph or page that is challenging. Students Final Thoughts should jot down what they took away from the case. In summary, paralegal students enter legal programs with above average writing skills and reading comprehension After reading the case, students should take a break. After levels compared to the general student population. Paralegal the break is the time for students to re-read the case more students are motivated and focused. slowly, looking up unfamiliar words and terms and carefully reading challenging paragraphs and pages. The obstacles they must overcome are fear, anxiety, and feeling overwhelmed, not lack of ability and talent. If they Advice To Students For Writing A Case Brief become engaged and comfortable with reading cases and When students are ready to write the case brief, they should other legal materials, they will be competent and confident initially write everything down in the assigned format and legal researchers and writers able to pick out and understand not worry about making mistakes. Some professors will wish the main issues in cases. to read and evaluate this first draft. BIOGRAPHY After the first draft, it is time to polish the case brief. Mary Conwell is the Chair of the Paralegal Studies Program at Florida SouthWestern State College (FSW) in Southwest Florida. She has Students should add and /or delete material. They should been a full-time professor in FSW’s Paralegal Studies Program for double check for accuracy. They should manually proofread the past 18 ½ years. She is a graduate of the law school at Indiana for technical writing errors and not rely solely on the University – Bloomington and holds an active law license in the State computer to catch their mistakes. of Indiana. She is the advisor to FSW’s LEX Honor Society.
Access To Justice Paralegal Community Service Achievement Scholarship Winner Shantel Jagol Minnesota State University Moorhead
Over the past two years, the Access to Justice Committee has community and make a difference in the lives of many. On raised over $2,000 to fund a Paralegal Community Service an emotional level, I have really felt the pain, but pure joy Achievement Scholarship. Paralegal students attending AAfPE others feel when I am able to serve them. I have become member schools achieving at least at a 2.5 overall GPA who more grateful and thankful for what I have and will continue demonstrated a commitment to community service were to provide my service to the community. invited to be considered for a $1,000 scholarship. The Access to Justice Committee is pleased to announce the inaugural Paralegals have very crucial roles in today’s society. The scholarship winner: Shantel Jagol, Minnesota State University justice gap can be difficult for many individuals who do not Moorhead. Congratulations, Shantel! Shantel’s scholarship- have the sufficient funds to pay for a lawyer. Paralegals make winning essay follows: the financial burden less stressful by charging a lower hourly rate while being competent and diligent in the work they do. The community service that I have participated in has The public can rely on paralegals to provide quality work and impacted me in many ways. To start, I have developed many be efficient in the process. Paralegals are in demand and on friendships and connections. I have been able to support my the lookout to provide communities with their great service!
THE LEGAL EDUCATOR FALL/WINTER 2018 15 CONNER SUDDICK* - Hamline University
Experiential Access to Justice: Formulating Clinical Education Programs for Paralegals
Clinical education has long been a While the legal community often recognizes the availability of clinics common element of legal education. in law school settings, many professionals are unaware of the clinical work that also occurs in undergraduate and paralegal programs and Law schools use clinics as a vehicle provides the same benefits - both for the community and the students. to provide legal services to indigent This article addresses the value of clinical education and provides case studies, resources, and general considerations about formulating and clients. Incorporating experiential implementing a clinic for a paralegal program.
learning into clinics allows students Paralegals, and paralegal clinics, are underutilized tools in the legal to apply the skills they obtained in a profession’s arsenal of addressing disparities in accessing legal advice. Often, legal clinics are the only opportunity for low-income legal environment and improve their and pro se clients to receive legal service. An unfortunate reality of the United States’ legal system is how few can afford representation, potential to succeed. According to which results in a “justice gap.”2 Low-income Americans cannot afford one study, 182 law schools offer clinics legal assistance and are unable to protect their rights in matters such as healthcare, eviction, and deportation.3 Without representation, in over 130 subject areas, including: the ability of low-income people to achieve a desirable outcome in court is limited.4 By one estimate, low-income Americans received civil rights enforcement, transactional inadequate or no professional legal help for 86% of the civil legal needs they encountered in a given year.5 Legal resources for low-income law, immigration, and more.1
16 FALL/WINTER 2018 THE LEGAL EDUCATOR Positive Results
people are insufficient; existing services are underfunded; and potential clients must meet prohibitive qualification standards.6 In 2017, an estimated 1.1 million eligible requests for legal assistance were rejected or insufficiently met due to a lack of resources.7 One approach to mitigating the gap has been clinical education, which allows students to provide free or low-cost legal services under licensed faculty supervision.
Value Of Clinical Legal Education For Paralegals And The Public Clinical legal education is a result of the growing use of experiential and service learning across the country. These pedagogies grew in popularity in the 1960s when federal and local grants were given to colleges and universities.8 Clinical education combines community- oriented and skills-based approaches to pedagogy. Rather than focusing on abstract theory, students witness the Of course, clinical legal education for paralegals provides direct process and provide services that could make all the support for the justice gap by meeting the needs of clients. difference to someone who would have gone without help. In addition, paralegal clinical education has potential to grow Meaning, clinical legal education empowers students to the population of professionals who volunteer and work in be civically engaged while obtaining skills and knowledge public interest areas in the long term by exposing paralegal in an academic context.9 Not only do students feel more students to a realm of law they may not have previously responsible for what they do, but they also have the encountered. In clinics, students see the real benefits of opportunity to “look at legal ethics within a practical providing legal support to often-marginalized communities. context.”10 Therefore, students actively learning about As more programs consider clinics, it is important to consider the legal profession gain the insight to navigate issues the larger picture of what the paralegal profession can and experience being part of the legal profession. become as a result of this training. The Open Society Justice Initiative released an in-depth manual that explains their Clinical legal education creates an environment where model and vision for a community-based paralegal. The students can apply the skills they have gained through Initiative defines a community-based paralegal as their education program. The graphic below is a survey administered by California State University-Chico’s (CSU-C) a paralegal who has formal training, uses an array of clinical program faculty over multiple years to evaluate tools—both legal and non-legal—to provide justice undergraduate students on the skills they used during their services, either lives in or has a deep knowledge of the time at the clinic. At CSU-C, many students are involved in community in which [they] work… to help the poor and 12 the clinic by interning in one of the University’s twelve clinics. marginalized resolve their justice problems. The table describes the impact of CSU-C student’s clinical As a result of being exposed to public interest law through internships and skills development while participating. In clinics, these paralegals are more qualified to engage in 2010, 92% of respondents used legal research, identifying community organizations, legal aid, community education, 11 client issues, and client interaction. and empowering clients they interact with. Often, the justice system is not always a tool, but a barrier, and paralegal clinics The value of clinical legal education goes beyond can improve this reality. Legal clinics are transformative utilizing skills obtained in the classroom by allowing community-oriented spaces which allow for paralegal participants to assist with the legal needs of those programs to be an asset to surrounding communities through the legal services provided.13 In context, the Initiative’s who could go without assistance. definition discusses more of their vision of individually licensed community-based paralegals for underserved international
THE LEGAL EDUCATOR FALL/WINTER 2018 17 contexts. More broadly, clinical education provides a unique Model One: Stand-alone Legal Clinic sort of legal training for the public interest. Consequently, a The traditional model found at law schools is often different sort of “community-based paralegal” could emerge. referred to as a “stand-alone” legal clinic. This clinic model By providing more experiences in clinics, students are is administered by the institution. Usually, these clinics comparatively more comfortable navigating challenging, are part of the law school curriculum, supervised by a yet rewarding, access to justice and public interest work. faculty member, and open to the public as a place to seek representation in specific types of matters. The funding Current Models Of Clinical Paralegal Education from stand-alone clinics is provided by the administration Legal clinics can manifest in different ways, but ultimately through tuition costs, internal grant opportunities, and/or have tremendous impact no matter how they are structured. with some external support or partnership. Of course, none In 2017, the American Association for Paralegal Education of these clinics is completely independent, but a stand-alone (AAfPE) Access to Justice Committee conducted a survey clinic generally refers to one that is primarily supported about existing paralegal clinics. The figure below illustrates and operated within and by an institution. The following AAfPE member programs that currently incorporate clinics case studies are two current paralegal programs that have in their programs based on survey responses.14 According developed clinics using this model. to the survey, at least 34 paralegal programs in 21 states offer clinics of some type. While there are many approaches Developing the Community Legal Clinic: to experiential, clinical based learning, the programs Case Study of Skyline College predominantly use three models of clinical education: Skyline College, located in San Bruno, CA, is one of three in-house legal clinics, external partnerships, and community colleges in the San Mateo County Community miscellaneous experiential opportunities. College District. In 2014, Skyline College opened its free Legal Clinic to bridge the justice gap by providing free access to legal services for underserved individuals and communities and to provide authentic opportunities for students to build the competencies they need to thrive as social justice conscious legal professionals. The clinic’s focus areas are immigration, domestic violence, and tenant’s rights.
The clinic is housed on-campus, appointment-based, entirely free, operates weekly, and is staffed by supervising attorney / instructor Maria Segarra. Students who want to work in the clinic enroll in a three-credit course which blends lecture and lab. Maria leads the lectures, directly supervises the lab / clinic, and works with clinic attendees. During the classroom lecture, students learn the context for the work. In the lab, students work in the clinic and gain skills and experience by assisting with tasks such as document review, conducting client interviews, providing referrals, and collaborating with local nonprofit agencies. Through this work, Maria seeks to empower students by providing engaged learning experiences in the clinic and beyond to provide them opportunities to thrive as equity minded legal professionals. If you have further questions about Skyline College’s clinic, please reach out to Jesse Raskin ([email protected]) and Maria Segarra ([email protected]).
18 FALL/WINTER 2018 THE LEGAL EDUCATOR Legal Services in the Rocky Mountains: Partnering with a Private Firm: Case Study of Casper College Case Study of Delaware County Community College Casper College, located in Casper, Wyoming, is a community Delaware County Community College (DCCC), located in college that instituted its clinic with the mission to fill the Media, Pennsylvania, serves two counties outside of the gap between legal aid and people who could not afford Philadelphia metropolitan area. As of 2018, DCCC offers an attorney. The clinic operates under Mary Kubichek three clinics: Criminal Expungement, Family Advocacy, and J.D., Director of the Paralegal Program, who has been Wills. In addition to these existing clinics, DCCC faculty are instrumental in the development of the clinic. The clinic currently developing an Immigration Clinic and a Social began after Mary received the Casper College Presidential Policy Clinic. All of the existing clinics are funded by a variety Innovation Grant ($10,000) to assist the community of sources, including private fundraising, grants, and college- with civil issues, including: drafting uncontested wills, funding. In addition, they offset significant costs by attorneys preparing adoption forms, and assisting with other simple volunteering their time to supervise students. To highlight a legal matters. The grant covered initial start-up costs unique type of partnership not previously discussed, DCCC’s and malpractice insurance. Volunteer attorneys also had Wills Clinic is currently building a partnership with a private their own insurance coverage. The clinic is located at law firm that offered to operate the clinic. The firm will Casper College, and operates during the academic year. fund and staff the clinic with their attorneys completing The administration of the clinic involves organization pro bono hours. DCCC will have students to work at the and leadership from Ms. Kubichek and supervision of clinic under attorney supervision. This partnership involves paralegal students by volunteer attorneys. Mary interviews ongoing logistical conversations, including that the law firm potential clients on the phone, then students conduct would have to come to DCCC’s campus to operate the clinic. intake interviews, and finally the volunteer attorneys who While partnerships with legal aid and government supervise the students, determine if they take the case. The agencies are perhaps more common, private firms are clinic offers full representation, which allows for students a good source of funding and supervision. If you have to see the full scope of a case. The clinic is offered annually. further questions regarding Delaware County Community Mary schedules the clinic hours each semester based on College’s existing structure and future clinic plans, reach client availability. If you have further questions on the out to Keeley Mitchell, Director of Paralegal Studies clinical program at Casper College’s clinical program, please ([email protected]). reach out to Mary Kubichek ([email protected]). Establishing the Legal Resource Center: Model Two: External Partnership Case Study of Eastern Michigan University Paralegal programs also can partner with legal aid organizations, Eastern Michigan University, located in Ypsilanti, Michigan, government agencies, or private firms to offer clinical experi- is a public university that offers a unique hybrid of a ences. In this model an existing organization provides most of partnership and university clinic called the Legal Resource the support and services, with the program offering resources Center (LRC). The LRC can attribute its success to the and student volunteers. Usually in a partnership approach the tenacity of Emeritus Professor of Paralegal Studies Nancy institution often provides the space for the organization to host Harbour who grew the clinic by cultivating relationships with a clinic to serve the surrounding community and the program Eastern Michigan’s administration and Washtenaw County provides student volunteers to work at the clinic. Government. The LRC is a 501(c)(3) nonprofit organization with a board structure with representatives from the It can be easier to partner with external programs that University, the county, and the bench and bar. The county already have the procedures and policies in place to pro- provides a space for the clinic and the university provides vide legal assistance, which can be daunting to the program supervising faculty and students. This off-campus location contemplating starting a clinic. Of course, the partnership was chosen in part due to Eastern Michigan University’s also provides less autonomy for the program with respect distance from Ann Arbor, the seat of the county that they to the structure, timing, and use of students to do the work. serve. By operating within the county court, they can The following are case studies of two clinical programs that provide more accessible services. At the clinic, the services created external partnerships to benefit their students and provided primarily include assisting with court forms in the community.
THE LEGAL EDUCATOR FALL/WINTER 2018 19 family and probate court. The clinic fields more than 300 they gained about access to justice. Moreover, Hamline’s in-person and phone inquiries a month. Students prepare Department of Legal Studies promotes access to justice for the clinic course through a variety of prerequisites in their classes. For example, students in Real Property incorporated into the curriculum. To learn more about received credit for enrolling in training with HOME Line, a Eastern Michigan University’s Legal Resource Center, please tenant advocacy hotline. As a result of the hotline training, contact Tracy Nothnagel, Coordinator for the Paralegal volunteer students were able to advise people encountering Program ([email protected]). legal issues with their housing. Students who participated reported a high level of satisfaction, a greater understanding Model Three: Incorporating Public Interest into of the needs of the community, and an awareness of the the Curriculum difficulty of communicating legal advice in a real life setting. Sometimes, it may not always be feasible for all programs In addition, Hamline requires an internship as part of their to implement a clinic immediately. However, it is still program, and some students use their required internship possible to integrate public interest law and access to justice to serve in public interest offices. If you have any questions into the curriculum. Many programs have externships or about the Legal Volunteering Program or about how Hamline internships where students are placed at a community legal University incorporates access to justice issues into the aid organization. Volunteer service-learning opportunities curriculum, please contact Leondra Hanson, Legal Studies can be prioritized as part of student organizations, volunteer Department Chair ([email protected]) or this author partnerships, in substantive legal courses, or through stand- ([email protected]). alone courses focused on public interest law. While there are a multitude of ways public interest can manifest itself in A Few Considerations for Formulating Clinical paralegal programs, it is crucial to educate students on the Education in Your Program egregious realities of civil and criminal justice disparities. Beginning with integrated service learning can help quantify Identify Funding Opportunities the benefits of such experiences for programs who are just An obvious barrier for many legal clinics is sustainable beginning to contemplate how to address access to justice in funding. Funding typically covers operating expenses like their programs. faculty costs, filing fees, and more. One form of funding for a clinic is a grant. Usually, a grant requires an application that Public Interest in Practice: Case Study of Hamline University includes a project proposal. Grants can be found internally Hamline University, located in St. Paul, Minnesota, is a at college/universities. Some clinics have been funded private liberal arts college that incorporates social justice, through internal grants from leadership offices, student advocacy, and the law into their legal studies curriculum. At government, or the institution’s private foundation. External Hamline, there are multiple ways this exists. One is the Legal grants require additional research and work. Government Volunteering Program, which was developed by a student agencies, community development organizations, private organization called the Hamline University Law and Justice foundations, and law firms offer grants. When applying for Society. This program places students with public interest grants, be sure to look at the mission and funding priorities legal volunteering opportunities. To create this program, of an organization or foundation. Generally, community Hamline partnered with Minnesota Justice Foundation, legal services can count under broad umbrellas of funding which connects law students to public interest volunteer for “community development,” “community services,” or opportunities. By partnering with the Minnesota Justice “economic development.” Websites of government agencies, Foundation to create the Legal Volunteering Program, private foundations, and law firms provide a good starting undergraduate and paralegal students have been placed place for identifying potential grant sources. at over 26 locations, including legal clinics, advocacy organizations, and legal resource centers. In the last couple When writing a grant application, reference the mission of of years of the program students completed more than 630 the organization/foundation granting the money to provide volunteer hours. Students who participate in a volunteer a more compelling rationale. Be sure to not only tell a placement express appreciation for the opportunity, the compelling story, but provide an extensive amount of detail. networking the placement provides, and the insights This improves the prospects of receiving a grant because
20 FALL/WINTER 2018 THE LEGAL EDUCATOR it illustrates responsibility, thoroughness, and dedication graphic below represented the different types of service to using the organization’s resources well. Examining the areas that exist in AAfPE member clinics that responded funding section of a local legal aid organization’s annual to the 2017 survey administered by the Access to Justice report to see where they receive their funding can also be Committee.15 To determine a service area, program directors a starting point. Programs can also consider writing a joint should consult the surrounding community in some way. This grant proposal with an existing organization that already could be accomplished by holding a public forum, conducting receives funding. This is a strategic move because the funder a survey, and speaking to local attorneys and legal aid would be familiar with the work the organization does. organizations about emerging legal issues.
Private donations also present possible funding opportunities. Obtaining donations differs from grants because donations do not require an application that will restrict the use of the funds. Local law firms, allies, alumni, and stakeholders of the clinic are all possible donors. If applicable, programs should consult their development offices to discuss how a clinic could appeal as an opportunity to a potential donor. Donors often seek specific projects to fund. For those programs that do not have institutional development support, the clinic can consider adding donation tools to the clinic’s website, online fundraising tools (GoFundMe, YouCaring, etc.), or creating their own giving campaigns. Of course, social media is a powerful tool for fundraising, but sometimes meeting with potential donors over coffee and sharing a passion for the project is even Survey Results Provided the AAfPE Access to Justice Committee more effective. In addition to the service area, some clinics implement Clinics can be self-funded through fees for services or eligibility standards. While some require the same income tuition costs. If the clinical opportunity is taught as part levels as legal aid, others have no income requirements, but the clients must be pro se litigants. Some clinics have no of the curriculum, consider approaching administration requirements at all, even if a person is neither low-income about redirecting tuition and fees from that particular nor pro se. course specifically to support its mission. Empower Clients to Self-Advocate & Students to be Most importantly, before beginning a clinic, programs Problem Solvers should make sure to have a plan in place to collect data and An additional consideration is to connect the clinical piece outcomes that will be essential to obtaining future funding. to legal pedagogy so that students can get the most benefit Data can be collected through the consent forms and intake out of their clinical experience. This allows for students to sheets to collect information about the clients. Data that think critically about the current legal system, and compels represents the services provided, number of people served, them to innovate alternatives. Thomas Allison incorporated and narratives of clinic participants (students and clients) are lessons in law, public policy, and poverty to develop the extremely helpful to prove effectiveness to not only funders, Lawyers Allied With Legal Empowerment as a Social Solution but prospective/current students as well. (L.A.W.L.E.S.S.) model.16 The purpose of this model is to provide a unique service that empowers clients and students. Clinic Service Area and Client Eligibility The six-phase model trains students to inform and empower Determining a service area that is a need in the community clients to collaboratively seek beneficial outcomes. The or at the institution is important. If the clinic is going to be L.A.W.L.E.S.S. model heightens traditional clinical pedagogy built as a partnership, there may be a preexisting focus. The and focuses on inclusive advocacy and client empowerment.
THE LEGAL EDUCATOR FALL/WINTER 2018 21 Essentially, the purpose of this model is to take clinical and Jesse Raskin of Skyline College, and Mary Kubichek of Casper College education a step further and incorporate advocacy through for talking with me and sharing the stories of the clinics. Finally, I would be remiss if I did not acknowledge and thank Professor Leondra Hanson, public policy to address the systemic barriers clients at your J.D., for being a tremendous advisor, a thoughtful advocate, and a clinics encounter. wonderful mentor. I am very inspired to follow in her example and aspire to be a future legal educator.
Whatever form clinical education takes, students can 1 Lua Kamal Yuille, “No One’s Perfect (Not Even Close): Reevaluating not only benefit from experiential education, but can Access to Justice in the United States and Western Europe,” The Columbia Journal for Transnational Law, 2004, pp. 904-905. learn to bolster the need for policy and advocacy. 2 Legal Serv. Corp., “The Justice Gap: Measuring the Unmet Civil Legal This teaches students about the intersection of Needs of Low-Income Americans” 2017,
22 FALL/WINTER 2018 THE LEGAL EDUCATOR APPENDIX: PARALEGAL CLINIC EDUCATORS CONTACT INFORMATION The Access to Justice Committee sent out a survey in 2017 to all AAfPE members on information regarding their clinics. The following individuals identified on the survey that they would be willing to respond to questions from educators trying to formulate a clinic. The clinic survey respondents also indicated the practice areas of their clinic.
If you want your institution’s information to be added to the graphics above or included on the list below, keep an eye out for the next email from the Access to Justice Committee later in 2018. If you have any questions regarding the work of the Access to Justice Committee, please contact the head of the committee, Toni Marsh at [email protected].
Institution Contact Name Email Focus Area(s)
Western Kentucky University Julie Shadoan [email protected] Family, Estate-planning, Contracts, Collection, Landlord-Tenant, Criminal Misdemeanors & Expungements
Skyline College Jesse Raskin [email protected] Immigration, Family Law, Tenant’s Rights
Delaware County Keeley Mitchell [email protected] Expungement, Wills, Family
Community College Norma Kropp [email protected] Simple Wills & Power of Attorney Madison Area Technical College
Casper College Mary Kubichek [email protected] Simple Wills, Family, Landlord & Tenant
Meredith College Marisa Campbell [email protected] General Civil Legal Aid
Morehead State University Kelly Collinsworth [email protected] Divorce
University of Hartford Regina Graziai [email protected] Foreclosure
Daemen College Margaret Phillips [email protected] Immigration
Eastern Michigan University Tracy Nothnagel [email protected] Family, Probate, Landlord-Tenant, Small Claims
North Hennepin Mary Fenske [email protected] Family, Immigration Community College
Western Technical College Wendie Witzke [email protected] Family
THE LEGAL EDUCATOR FALL/WINTER 2018 23 KEELEY P. MITCHELL, JD, MBA - Delaware County Community College
Intercultural Competence: Why Paralegals Need This Skill
Doing business today has grown to global Introduction To Intercultural Competence In today’s interconnected world, intercultural competence proportions. Companies, whether small is crucial. Although defined in a variety of ways, the phrase or large, need to be prepared to have a “intercultural competence” often describes one’s ability to effectively engage and communicate with those who are global-minded workforce that is able to culturally different.1 Due to increasing global diversity, employers should care how their employees understand and interact with understand subtle cultural nuances. To people of different cultures; especially since culturally diverse workgroups are becoming increasingly common.2 obtain such a workforce, employers should
seek out employees with high intercultural In 2015, Raju Chebium explained in “How to Create an Effective Cross-Cultural Training Program” that intercultural competence. This is particularly true for communication training programs have grown in popularity in recent years. The goal of these programs is to lower employers of lawyers and paralegals. misunderstandings in the global marketplace.3 If companies can
24 FALL/WINTER 2018 THE LEGAL EDUCATOR lower cultural misunderstandings, then they will increase Further, Chebium contends that “imparting cultural their corporate competiveness.4 Similarly, Robert L. Gegios awareness is only half the battle.”10 The author argues that and Stephen D.R. Taylor argue in “Cross-Cultural Competency: the best intercultural competence training also teaches A Non-Negotiable Skill for Lawyers Involved in International employees how to handle cultural situations that make them Commerce” that intercultural communications are necessary uncomfortable. Chebium refers to Andrew Molinsky, an in today’s global market, specifically for lawyers who shape associate professor of organizational behavior at Brandeis the legal risk assessments and strategic choices of their University’s international business school, when stating that clients.5 Lawyers need to understand that culture influences employee training should ideally teach “global dexterity.”11 negotiations and the ability to form joint ventures.6 Likewise, Globalization may have narrowed the gap between nations at the 2013 International Legal Education Abroad Conference, on a commercial level, but the cultural gaps remain. Hence, Shawn Bates and Kenneth Lechter gave an insightful talk, “paying attention to behavioral nuances is not just a matter of Intercultural Competence for Law Students: What Is It cultural nicety; it’s a business necessity”.12 and How Do We Measure It?, on the topic of intercultural competence. Bates and Lechter state the importance of Gegios and Taylor address similar issues in their article, but cultural competence for lawyers, and argue law schools go one step further by tying in how intercultural competence should introduce such competence into their curriculums.7 is necessary in the practice of law.13 The authors explain how This article proposes the arguments of Chebium, Gegios and transnational commerce transcends cultural boundaries. Taylor, and Bates and Lechter support the position that not However, they raise the “question of whether domestic only should intercultural competence training be required for assumptions that underpin traditional legal reasoning travel lawyers, but such training is also imperative for paralegals. effectively.”14 Gegios and Taylor answer their question with a resounding no. “Such assumptions do not translate well, and Argument For Intercultural Competence Training the result is that sound [legal] advice in one culture may be In Chebium’s 2015 article, the author explains that many far from beneficial in another.”15 The authors conclude that companies offer little to no intercultural training. Further, for legal counsel to be effective, it must be able to develop for those employers who do offer some type of training, legal tools that support negotiations, legal transactions, most provide nothing more than etiquette training that and business structures that is accepted by all parties and fails to address the deeply rooted issues with cultural enforceable in the relevant jurisdictions. communications.8 The best programs for developing intercultural competence are those that implement ways to Bates and Lechter argue that intercultural competence boost employees’ cultural awareness. Quoting Smruti Patel, training for lawyers needs to start in law school.16 The a leadership coach that is a Kenyan native of Asian-Indian American negotiating style is often not conducive in other descent who operates a leadership consulting firm out of cultures, and therefore, American lawyers often fail at Nairobi, London, and Washington, D.C., Chebium concludes negotiating on the international landscape. American training must teach employees more than just etiquette skills. lawyers often negotiate from a position where the sole goal Properly trained employees know: is winning. However, American lawyers should consider a negotiating style where both sides win; negotiating from a • “When to adopt a “transactional,” or businesslike, point of interest versus a position of dominance.17 Interests approach, and when to cultivate relationships with are needs and wants. They are the “why” question. Positions, overseas clients. on the other hand, are predetermined outcomes. Lechter advises finding out what the interests are of the other party • How to read the mood of a room. before you start negotiating, and then focus on interests with the goal of mutual gain.18 • How to pick up on what foreign staffers really mean despite what they publicly express. Bates and Lechter tie the needs for negotiating from an • How to correctly interpret body language and other interest standpoint to having intercultural competence. nonverbal cues when dealing with clients of They point out the more you understand the culture you differing nationalities”.9 are negotiating with and its “needs and wants,” the better
THE LEGAL EDUCATOR FALL/WINTER 2018 25 prepared you are to spot potential conflicts and resolve them transnational transactions, hiring employees globally and before they escalate.19 For legal professionals, this is an dealing with customers from all over the world. Paralegals essential skill to have when representing global clients. sit on the front lines to interact with and represent law offices to clients, judges, and opposing counsel. Therefore, The Importance Of Intercultural Competence In paralegals require intercultural competence that respects The Paralegal Profession diverse peoples, governments, and legal systems. Gegios and Taylor, as well as Bates and Lechter, argue it is imperative that lawyers develop intercultural competence In their article, Gegios and Taylor explain, “business practices to communicate effectively with different cultures. Strong reflect cultural sensitivities and objectives, and hence are intercultural competence skills will allow lawyers to serve not universal.”23 Paralegals need to understand this in order their clients better globally as well as domestically. However, to assist lawyers in delivering effective legal services to the need for intercultural competence should not stop with their clients. Moreover, paralegals working on international lawyers; it should be a required set of skills for paralegals. transactions must comprehend that the practices and philosophies of the American legal system often bear little Since 1967, the American Bar Association (ABA) has resemblance to the practices and philosophies of non- endorsed attorneys’ use of paralegals.20 The ABA states “a U.S. lawyers.24 They need to adjust their behavior and legal assistant or paralegal is a person, qualified by education, practices when working on matters that give rise to these training or work experience who is employed or retained circumstances. These adjustments in behavior may include by a lawyer, law office, corporation, governmental agency how a paralegal addresses non-U.S. lawyers through oral or other entity and who performs specifically delegated and/or written communication, how they draft documents, substantive legal work for which a lawyer is responsible.”21 or seek information from third parties. Failure to adjust The ABA actually promotes the use of paralegals by their behavior accordingly, may give rise to conflicts for their suggesting that a lawyer’s “clients would also appreciate lawyer and client. Simple miscues can undermine a lawyer’s increased contact with [his or her] practice through [his relationship with his or her clients as well as the client’s or her] paralegal.”22 In law offices that utilize paralegals, business relationships around the world.25 clients often have more contact with the paralegal than with the actual lawyer. Therefore, a client’s interaction with the In Unconscious Bias in the Workplace, Lissiah Hundley, a paralegal can greatly influence the client’s impression of a Diversity and Inclusion Strategist from Cox Enterprises, lawyer or law office. This also extends to a paralegal’s ability states that unconscious bias is “bias that we are unaware to influence the perceptions of judges, opposing counsel, of, and happens outside of our control.”26 Hundley explains and other professionals in the legal community. that unconscious bias, also known as implicit bias, results from one’s personal experiences, culture, family, and other This makes paralegals an integral partner on the factors, and happens automatically.27 We trigger our implicit front lines of delivering legal services. As the legal bias when we make split second decisions about people and situations. While such quick assessments of people and community becomes increasingly more global, situations may be beneficial in some circumstances, it can paralegals need to develop their intercultural have a negative impact when lawyers and paralegals do it competence skills to deal effectively with global within the course of providing legal services. clients from diverse populations, demographically as well as economically. Failure to do so could Hundley argues awareness is key to improving diversity issues in work environments.28 Historically, researchers negatively affect a lawyer’s practice. believed bias and discrimination to occur on a conscious level. However, research today shows that bias is largely Lawyers need to understand that their paralegals need unconscious and unintentional.29 In order to counteract intercultural competence training just as much as they do. unconscious bias, people need to be aware that they even The legal community is increasingly working in a highly have these biases. globalized work environment. Clients are entering into
26 FALL/WINTER 2018 THE LEGAL EDUCATOR The legal profession is becoming acutely aware of the Through Model Rule 8.4(g), the ABA discourages the negative impact unconscious bias can have on the legal manifestation of bias or prejudice based on a person’s system. For example, in State of Washington v. DeLeon,30 race, gender, religion, age, or sexual orientation in the legal prosecutors charged Anthony DeLeon, Ricardo DeLeon, and profession. Furthermore, lawyers must supervise nonlawyers Octavio Robledo for a gang related shooting. To collaborate and make reasonable efforts to ensure that the conduct of the State’s gang related shooting theory, it relied on the their nonlawyers complies with the professional obligations Los Tigres Del Norte music stored on a defendant’s phone. of lawyers. For paralegals, this means complying with the The Washington State Supreme Court found the conclusion applicable rules of professional conduct of their lawyer’s troublesome because Los Tigres Del Norte has been one jurisdiction. With respect to intercultural competence, a of the more prominent bands in Latin music for decades.31 paralegal’s failure to conform to those rules of professional Since forming in 1968, the band has sold 32 million albums conduct that prohibit biases and prejudice could cause the and won five Latin Grammy Awards. The Court found no sanctioning of his or her supervising attorney. support in the record for the contention that enjoying the music of Los Tirgres Del Norte as evidence of gang As the legal profession becomes more sensitive involvement, and found it unsettling the inferences drawn to the negative impacts of unconscious bias, from a defendant’s musical preference.32 paralegals need to be particularly aware. It is In the recent article,How Does Unconscious Bias Negatively imperative that paralegals receive intercultural Affect Diversity and Inclusion?, Teresa Lo addresses how competence training to prepare them for the unconscious bias is negatively affecting the legal profession.33 interconnected global world. Teaching paralegals She reports that studies show that the lack of representation how to communicate with those of different cultures of women and minorities is largely due to unconscious will only increase the value of a lawyer’s legal bias.34 For example, the law firm environment remains mostly white male due to people’s unconscious bias towards services. Armed with the knowledge gained from preferring people just like them. Diversity and inclusion intercultural competence education, paralegals does not foster in such an environment. “Unconscious bias can have a positive impact on relationships with prevents law firms, corporations, and government agencies clients and the greater legal community. By making from hiring the best talent and retaining that talent.”35 The small adjustments to their behavior to account same unconscious bias that limits diversity and inclusion in the workplace can adversely affect the delivery of for unconscious biases, paralegals can reduce legal services. unnecessary miscues and misunderstandings.
CONCLUSION In order for lawyers to deliver effective legal advice and support at a global level, not only do they need to develop their intercultural competence skills, but they need to make sure their paralegals possess such skills as well. Further, the intercultural competence training needs to extend beyond mere cross-cultural etiquette training. Both lawyers and paralegals need to receive substantial intercultural competence training that focuses on cultural nuances.
A deeper understanding of cultural nuances will allow lawyers and paralegals to deliver effective legal services and be able to spot and resolve potential conflicts before they arise. Lawyers need to understand that their paralegals are
THE LEGAL EDUCATOR FALL/WINTER 2018 27 the first line of contact with their clients, opposing counsel 16 Bates and Lechter, supra note 7. and other key legal stakeholders and therefore, are in a 17 Bates and Lechter, supra note 7. position to be an asset or a detriment where intercultural 18 competence is concerned. As globalization increases, Bates and Lechter, supra note 7. intercultural competence training is a necessity, and ensuring 19 Bates and Lechter, supra note 7. paralegals receive such training is imperative. 20 American Bar Association,Information for Lawyers: How Paralegals Can Improve Your Practice 2015
ENDNOTES 25 Chebium, supra note 3. 1 Arasaratnam, L., “Intercultural Competence.” Oxford Research En- 26 Hundley, L, Cox’s Lissiah Hundley Talks about Addressing Unconscious cyclopedia of Communication 2016
4 Id. 30 State of Washington v. DeLeon, 185 Wash.2d 478, 374 P.3d 95 (2016).
5 Gegios, R.L. and Taylor, S.D.R., Cross-Cultural Competency: A Non- 31 Id. at 100. Negotiable Skill for Lawyers Involved in International Commerce, 2015
9 Chebium, supra note 3.
10 Chebium, supra note 3.
11 Chebium, supra note 3.
12 Chebium, supra note 3.
13 Gegios and Taylor, supra note 5.
14 Gegios and Taylor, supra note 5.
15 Gegios and Taylor, supra note 5.
28 FALL/WINTER 2018 THE LEGAL EDUCATOR SUSAN W. HARRELL, J.D. - University of West Florida Do You Know It When You See It?
What Is “Quality Online Education”?
Many AAfPE members have been teaching online First, the growth of distance education is staggering. The two most comprehensive surveys of online/ for years…and even decades! We were told to simply distance education provide interesting data: The 13th Annual Report of the State of Online move our face-to-face course to an online format. Learning in U.S. Higher Education (2015)2 and the How hard could that be? Right? However, educators Grade Increase - Tracking Distance Education in the United States (2018).3 recognize that learning does not just happen because • The number of distance education students information is available on a screen. There’s more grew by 5.6% from fall 2015 to fall 2016 to reach 6,359,121 who are taking at least one distance to it than that.1 the growth in the use of distance course, representing 31.6% of all students.
education has spurred a parallel growth in the number • Total distance enrollments are composed of 14.9% of students (3,003,080) taking of ideas, models, and organizations that focus on exclusively distance courses, and 16.7% what constitutes “quality online education.” (3,356,041) who are taking a combination of distance and non-distance courses.
THE LEGAL EDUCATOR FALL/WINTER 2018 29 • The total number of students studying on campus (those of quality course design involves multiple general standards not taking any distance course or taking a combination of quality and, within each standard of quality, there are of distance and non-distance courses) dropped by over a multiple indicators of quality. Those who apply for a course million (1,173,805, or 6.4%) between 2012 and 2016. to be evaluated for quality can earn points based upon The largest declines came at for-profit institutions, whether they substantially meet certain specific indicators which saw a 44.1% drop, while both private not-for-profit of quality. institutions (-4.5%) and public institutions (-4.2%) saw far smaller decreases. For example, all of the models/organizations, require an evaluation of each of these: • The number of students who are not taking any distance courses declined even more from 2012 to 2016, down 1. Technology by 11.2% (1,737,955 students) by the end of the period. 2. Instructional Design The private for-profit sector fared worse (down 50.5%) as compared to both private not-for-profit institutions 3. Course Organization/Structure (-9.5%) and public institutions (-7.7%). 4. Learning Outcomes and Assessment
• Of the students taking at least one distance course in 5. Interaction among and between Faculty Fall 2016, 1,147,028 (18.0%) were at a private non-profit and Students institution, 831,673 (13.1%) were at a for-profit institution, and the vast majority, 4,380,420 (68.9%), 6. Support for Faculty and Students were at a public institution. The proportion of distance 7. Accessibility students enrolled at public institutions is slightly lower than the proportion of the overall student body Within each one of these standards, there are multiple (68.9% of distance students as compared to 72.9% indicators of quality. Since most quality online evaluation of all students). models are subscription-based services, subscribers are typically prohibited from disclosing certain information • Public institutions command the largest portion and details about the services.9 Although AAfPE members of distance education students, with 72.7% of all have an admirable record of sharing their work and ideas, undergraduate and 38.7% of all graduate-level these evaluation models do not allow the sharing of certain distance students. detailed, proprietary information regarding what constitutes “quality” in online education. Second, there are many ideas, models, and organizations that focus on quality online education. These include: Educause©,4 Online Learning Consortium (OLC©),5 Royal Roads University Centre for Teaching & Educational Technologies (CTET©),6 and Quality Matters (QM©),7 among others. At a minimum, a quality online course must consider each of these: there are many ideas, models, and organizations that focus on quality online education. Course design, course delivery, course content, institutional infrastructure, learning management system, faculty readiness and student readiness8. Since many of these items are beyond the control of faculty, the organizations which offer evaluation and certification of quality online education are primarily focused on course design. No matter the organization or model used, the evaluation
30 FALL/WINTER 2018 THE LEGAL EDUCATOR As an example, QM© has eight General Review ENDNOTES Standards which require a review of the following:10 1 Yi Yang, Linda Cornelious, “Preparing Instructors for Quality Online Instruction,” Jan. 1, 2005
2. Learning objectives/Competencies are clearly 2 “Dig. Learning Compass, Distant Educ. State Almanac 2017,” last visited on August 9, 2018
3. Assessment strategies and measurements are well 3 “Babson Survey Research Grp., Higher Educ. Reports, Online integrated and Distance Educ.,” last visited on August 9, 2018
7 “Quality Matters,” last visited on August 9, 2018
Whether your institution subscribes to a quality online 8 Quality Matters, “QM Online Learning Quality Pie,” last visited August service or you simply want to make your online course 9, 2018
BIOGRAPHY 12 Quality Matters, “Specific Review Standards from the QM Susan W. Harrell, J.D. is an Associate Professor of Legal Studies Higher Educ. Rubric, Sixth Edition,” last visited on August 9, in the College of Education and Professional Studies at the 2018
THE LEGAL EDUCATOR FALL/WINTER 2018 31 PATRICIA E. SZOBONYA, ESQ. - SUNY Rockland Community College
Virtual Study
ABROAD
The emerging trend of virtual study abroad is providing more students with an opportunity to study in
another country. Students that have familial obligations, work commitments or the lack of funds to cover
expenses associated with travel, can take advantage of collaborative online international learning (COIL).1
Virtual study abroad can take students anywhere in the world, so long as the geographical location has
the electronic capabilities to connect with the partnering campuses. Virtual study abroad provides an
experience to those students in other countries that may never have the opportunity to come to the
United States. For American students, virtual study abroad expands the experience beyond the traditional
European countries. Recently, my collaborations have been with Prof. Pablo Ramirez from Tecnologico
de Monterrey, Monterrey, Mexico, and Prof. Larbi Touaf from University Mohammed I, Oujda, Morocco.
What exactly is a virtual study abroad? The professors one, using a closed Facebook group or Blackboard from both countries collaborate and develop a project or discussions. Developing learning objectives for both classes a module together, that will meet a learning objective(s) in may seem daunting at first, however, with creativity and each of their classes respectively. The professors can use determination, this can be achieved even if your classes various methods of technology to co-teach the learning are not identical. For instance, in my collaboration with objectives. They can choose to create a synchronous Prof. Ramirez and his Electronic Interphase class and my learning experience, using Skype or a non-synchronous Computer Legal Applications class, we created a module
32 FALL/WINTER 2018 THE LEGAL EDUCATOR that required his students to create an electronic toy/ first hand, that students in other parts of the world have product. This assignment was something typical of the many things in common and far less differences, their ability Virtual Study Electronic Interphase class. In the module, the American to be empathetic and understanding grows significantly. students were required to conduct the legal research Many large law firms have offices in various countries around necessary to patent the electronic toy/product the Mexican the globe and are seeking employees who have the ability students created, in the United States. The American to communicate well and have experience with diversity. ABROAD students also created an “Idea Submission to Manufacturer” The United States has a diverse population itself, that the contract for the Mexican “clients” to execute and submit need to communicate with people of different backgrounds to a manufacturer to have their product developed. To is a necessity. For students, the intercultural experience complete the project, the students had to communicate provides a unique and rewarding experience to add as an electronically with each other to discuss the product itself entry on a resume. The method of communicating itself, and its marketability with the American consumer. Students through electronic means, further enhances the student’s communicated through the closed, private Facebook group skill in emerging technologies and digital literacy. Lastly, we created. Students also communicated on their own the project developed in the virtual study abroad, requires using apps like Whatsapp, Instagram, Twitter, and texting, collaboration, a necessary skill to remain competitive in a in addition to the Facebook format assigned. global, diverse market.
You and your partner have the ability to create elaborate or For the professors involved, strong intercultural very simple modules for your classes. In my Civil Liberties relationships are formed. During the development class and Prof. Ramirez’s Electronic Interphase class, we used of the course module, each professor becomes a very simple cultural exchange interview as the assignment. You can tailor the interview questions to align with your keenly aware of certain aspects of the other courses. Prof. Touaf from Morocco and I developed a course country that must be considered. For example, module with mutually similar learning objectives with my the school calendar and holidays, the time zone, Introduction to Multicultural Studies class and his English or the importance of politics and the impact on Literature class. The learning objectives were designed to the collaboration itself, if any. Professors also stay analyze the hierarchy of class and cultural statuses in relation to social stratification withinThe Great Gatsby2. current on emerging technologies and are in touch with the trends of the student population and what If you decide to create an extensive collaborative technologies they prefer. Participating in the virtual opportunity within your class, you should refer to the ABA study abroad, attending the workshops, creating Guidelines for the Approval of Paralegal Education3 to and developing the course learning objectives, all determine if the change would be considered a “major change.” In my legal specialty course, Computer Legal provide for an excellent professional development Applications, I used the same learning objectives I would entry for one’s curriculum vitae. have used, without the virtual abroad experience. I used international students as the collaborating partners, in I had the opportunity to travel to Cuernavacas, Mexico, lieu of classmates. This would not be considered a “major through the State University of New York, Center for change,” as it met the typical course learning objectives. Collaborative Online International Learning (SUNY COIL), under the Latin American Academy Three (LAA3) project. The advantages of adding an online international component The LAA3 project was designed to connect students in to your class are plentiful for the student, as well as the Universities in Latin America with students enrolled in professor. For the student, the lack of additional cost State Universities in New York. Funding was provided for for the intercultural experience is appealing. Lines of the partnering professors to meet in Cuervanacas, Mexico, communication with students from all over the world to develop the course material, and plan implementation. become open and the traditional barriers created by Under the Stevens Initiative, a grant awarded by the SUNY stereotypes are slowly removed. When students can observe COIL Center, connected students in the SUNY system (State
THE LEGAL EDUCATOR FALL/WINTER 2018 33 Universities of New York) and universities in the MENA know what I was talking about most of the time, but she had region (Middle East and North African region). The grant a clear understanding (ADS-US-4, post-COIL).” 4 Virtual study provided for travel to Cairo, Egypt, for the participating abroad is an excellent way for a paralegal student to add an professors to attend training workshops. After developing intercultural experience to their resume and be competitive the coil enhanced modules in Cairo, I was able to travel to in a global legal market. Oujda, Morocco, to visit my partner’s university, University Mohammed I, and experience Moroccan culture firsthand. BIOGRAPHY Patricia E. Szobonya, Assistant Professor and Chair of the Paralegal Studies Department at Rockland Community College, If you are interested in adding an international has been teaching since 2007, starting as an Adjunct Professor online collaboration, and you have a contact of Paralegal Studies at the College. In 2013, she became full time already in another country, ask your contact faculty and in 2015 became the Chair of the Department. She is a graduate of New York Law School and licensed to practice law if they are interested. With proper planning in New York, New Jersey, the United Stated District Court of New and communication, you can both develop the Jersey and the United States Southern District of New York. She is module(s). If you need to find a partner, seek also a cum laude graduate of St. Francis College, and an Honors Scholar, with a B.S. in Management and a minor in French. She out resources in your University or online. You maintains her practice as a general solo practitioner. should also conduct an internet search for grant opportunities in foreign exchange. Some other ENDNOTES items to consider would be the academic calendars 1 State University of New York, Center for Collaborative Online International Learning of both institutions, the time zone, holidays, and 2 Fitzgerald, F. Scott (Francis Scott), 1896-1940,The Great Gatsby. New vacation days. Will you be able to hold synchronous York: C. Scribner’s sons, 1925. Print. classes (Skype) or asynchronous communications 3 American Bar Association, The Standing Committee on Paralegals, and through what platform (Facebook, Twitter, Guidelines for the Approval of Paralegal Education, 2013
Instagram)? You also need to consider what 4 Sarah Guth and Francesca Helm, SUNY COIL Stevens Initiative language would be required, what course learning Assessment Final Report, SUNY, 2017 objectives you will use, what assessment will be conducted, are there specific cultural practices to be considered, and whether you have the appropriate institutional and technological support.
This will be my third year of online international collaborations, and I find it to be rewarding, challenging, and mainly beneficial to my students. The student feedback has been overwhelmingly positive. Quoted from the final report of SUNY Coil Stevens Initiative Assessment,November 2017, “We’re all just people trying to get through school and trying to get the same work done. This provided a lot of awareness about how regardless of location or culture we are all part of the same humanity (POD-US-9, post-COIL).” “The most important thing I learned was how similar people can be, when they come from different cultures and countries. When I started the project I figured my partner wouldn’t
34 FALL/WINTER 2018 THE LEGAL EDUCATOR MARISSA J. MORAN, ESQ. - New York City College of Technology, CUNY
Who Speaks for the Paralegal Studies Student? An Educator’s Perspective when Teaching Forensic Science to the Legal Studies Student
When teaching the Legal Studies student about forensic The gap in the Legal Studies curriculum, particularly in this blended subject area of law science as it relates to the law, the instructor has a wealth and science, needs to be bridged for students who choose to study law and who choose to of criminology and other similar scientific textbooks from work in the legal environment. This article which to draw upon for their lectures and class discussions. will examine methods in which Forensic Science & The Legal Process course can be Much of what is contained in these resources is written taught to maximize the potential for the Legal Studies student so that they may utilize this from the viewpoint of someone working in the science specialized knowledge and acquired skills disciplines with a focus on how law enforcement makes from a forensic course with legal emphasis to assist attorneys in the workforce. use of particular aspects of science to investigate crimes a. Writing Assignments that Demonstrate along with a peppering of condensed case studies. In the Law and Science Connection When deciding whether to offer and teach order to assist the Legal Studies students in realizing the the specialty course of Forensic Science & significance of and recognizing the connection with forensic The Legal Process, faculty and students are often reticent about the scientific aspect of science towards improving and refining their skills in the this course. Faculty who are hesitant about teaching this topic because of the science legal realm, in essence the legal aspects of forensic science, involved are best reminded of the Latin an instructor essentially must improvise these materials. principle Docendo discimus or “the best
THE LEGAL EDUCATOR FALL/WINTER 2018 35 way to learn is to teach.” In teaching this interdisciplinary debate the merits of the Frye and Daubert standards and course, faculty should also find comfort in the fact that how these differing standards impact the use of scientific those of us in the legal profession do not need to be experts evidence in the courtroom and ultimately, the possible in everything. Attorneys can and do rely on experts at trial result in a case. Due to the ever evolving technological to educate them, the court, and jury about fields of study advancements, students enjoy debating whether or not the outside of the attorneys legal area of expertise. results of new tests or novel procedures not fully vetted by the scientific community, but which may lead to a guilty Creating a Discussion Board Post on Blackboard or Canvas verdict or finding of liability, should be allowed in court as regarding the topic of Legal Expert vs. Scientific Expert1 reliable evidence. The textbook Criminalistics by Richard is a useful starting point to help assuage the concerns of Saferstein6 provides clear examples of current or seminole faculty. Students become engaged and often respond to cases which correspond to forensic topics. One such case is this post stating that both types of experts pay attention that of Dr. Coppolino.7 Legal Studies students find the facts to detail and rely on observation in order to reach a logical of this case interesting and better understand how the Frye conclusion. Scientists may conduct many years of testing and Daubert standards work and could lead to conflicting and rigorous peer review before rendering their educated decisions based on the jurisdiction in which the case is heard opinion, whereas attorneys are more time restricted and as well as what a new or novel scientific test means in terms must comply with statutory and court deadlines, and so, of reliability of evidence in court. seek more immediate, but still accurate, answers. This tension regarding time and results between the professions is explored later on with students when discussing case law and the topic of novel scientific tests or testing procedures and the reliability of such tests in order to admit evidence in court. Discussing Sherlock Holmes’ method of inquiry is a natural follow-up to this discussion and further solidifies the link between the disciplines. Another useful Discussion Board on Blackboard or Canvas Post, “The Founding Fathers vs. The Founding Fathers of Science,”2 challenges the Legal Studies students to choose the scientist they believe has made the greatest contribution and/or impact in terms of the admissibility of evidence in the courtroom or in assisting the legal profession in general. Legal Studies students An additional assignment after briefing these cases is for often mention Francis Galton and his study of, and later the Legal Studies students to compare and contrast the case classification of fingerprint evidence as being someone who brief method with the scientific method. This allows for a was a forward-thinking leader in the scientific community. discussion of what methods attorneys and scientists use Others mention Leon Lattes for discovering that “blood could to synthesize and analyze data/information to arrive at a be grouped into different categories.”3 Legal Studies students well-reasoned and final decision. Typical student responses begin thinking about the origin of these concepts/ideas how are that attorneys rely on case briefs to provide a clear short these Founding Fathers of Science like the Founding Fathers recitation of the salient points of a court case decision in of our country saw things in a different way, questioned, order to determine the usefulness of particular case law studied and developed a new approach to something and in to advance their arguments and theories of the client’s the process greatly contributed to their society and future case. Scientists utilize the scientific step-by-step method societies as well. to test theories, propose findings, and arrive at a logical and consistent conclusion. Each professional seeks to use An assignment that provides a variety of assessment tools facts, law, principles, theories, and account for variables for a paralegal educator begins with a reading of the Frye which may alter the final conclusion, and also rely on past v. United States4 and Daubert v. Merrell Dow5 cases. After cases/precedent or testing/retesting, to arrive at a just and briefing the two cases, the Legal Studies students then unbiased decision that he/she asserts as true.
36 FALL/WINTER 2018 THE LEGAL EDUCATOR The use of a quote to introduce the topic of a lecture is often paper based assignments. The challenges and limitations helpful in allowing Legal Studies students to think about the mentioned in the journal article entitledDoubting “ application of the subject matter of a lecture to real life. Daubert,”12 could more readily be explored in such a seminar In other words, application of knowledge learned in order and honors setting. Another way of introducing the scientific to make a point readily understood. A similar such use of aspects of the course is to actually Ask an Expert. Skype, pre- quotes is heard at the beginning and end of each episode in recorded lectures which can be shown in class, or professors the television series Criminal Minds and may also be found in in the science department within your own college may legal textbooks such as Technology in the Law Office8 and its provide a ready source of guest-experts on certain science accompanying Instructors Manual.9 The assignments based topics. Technology expands the way in which the forensic on Frye and Daubert and the use of a quote like the one and legal process course may be taught and law educators below makes the discussion of science in a legal course less have opportunities to partner with colleagues and legal intimidating, while further demonstrating the natural bond practioners to collaborate on topics of shared interest. that exists between law and science. Legal Studies programs often require at least one internship “Wherever he steps, wherever he touches, whatever course. Offering Legal Studies students a Forensic Science he leaves, even without consciousness, will serve as & The Legal Process course may assist them in obtaining a specialized internship. I explored this option after a silent witness against him. Not only his fingerprints attending a New York State Bar Association Criminal Law or his footprints, but his hair, the fibers from his Seminar. A student who had taken my Forensic Science & clothes, the glass he breaks, the tool mark he The Legal Process course that fall was successfully placed leaves, the paint he scratches, the blood or semen as an intern at the Innocence Project in New York13 the he deposits or collects. All of these and more, following spring semester. Forensic Science may also be linked to Science Technology Engineering and Math (STEM)14 bear mute witness against him. This is evidence courses and allow for law faculty to receive possible grant that does not forget. It is not confused by the funding which could be used to add a laboratory component excitement of the moment. It is not absent because to the course or even opportunities for law faculty and human witnesses are. It is factual evidence. Physical faculty from the science disciplines to co-teach a class. evidence cannot be wrong, it cannot perjure itself, it c. Media and Television Shows that Blend Law and Science cannot be wholly absent. Only human failure to find A practical assignment often used in the Introductory Legal it, study and understand it, can diminish its value.” 10 Studies courses such as Civil Law and Procedure is for students to visit a court and write an analysis paper of both b. Internships, STEM, and Grant Funding that Link Law the court case or substantive law and legal proceedings or with Science procedural law they observed. A similar such assignment can Options worth exploring for the paralegal educator when be designed for Forensic Science & The Legal Process course. teaching Forensic Science & The Legal Process course are Legal Studies students select a favorite legal television show to think about teaching the course in a Collaborative Online such as Law & Order, Forensic Files, CSI, NCIS, Criminal Learning Community (COIL) either at the domestic or Minds, Bones, or Homicide Hunter: Lt. Joe Kendra15 and view international level.11 There are several COIL organizations an episode that has a forensic science aspect. The students which host events/seminars and seek partnerships with then draft a memo discussing which show they chose, colleges and individual faculty. A class of Legal Studies explain what the legal issue is or provide a description of the students can participate through blogs or Blackboard case, and then discuss how forensic science contributed to Discussion Board posts with other classes of Legal Studies solving the case or resolving an evidentiary issue. If there students or law school students to learn first-hand how was an evidentiary issue regarding the use of the forensic different jurisdictions apply the law and also how to work evidence, the Legal Studies students are asked to explain with other members of a legal team. Forensic Science & The how this matter was resolved by the court or attorneys. Legal Process course may also be designed as an upper level Any case law mentioned in the show, such asFrye or Daubert seminar or honors course with weekly seminar lectures and or scientific terms like “touch DNA” should be discussed in
THE LEGAL EDUCATOR FALL/WINTER 2018 37 the memo and students should conduct additional research case in the news involving the death of a Yale student a few to explain the relevant case law, holding, and rationale as well days before she was to be married21 illustrated that “DNA as the meaning of the scientific terms. Finally, Legal Studies evidence incriminated an impossible suspect.”22 DNA that students also explain anything in the episode which is not people voluntarily agree to have tested when using the realistic, in other words, could or would not be done by real various genetic testing kits on the market with downloadable life professionals or could not take place as quickly as depicted raw data features, may through familial searches or what in the show. Professor Murphy refers to as Genetic Informants,23 assist law enforcement in solving a cold case.24 Some recent cold Another writing assignment is to have students brief the cases which have been solved in this manner include the Brady case, 16 examine a Brady motion, and then draft their 1970s/1980s California “Golden State Killer” case; 25 the 1986 own Brady motion based on the instructor’s hypothetical fact Tacoma, Washington case of 12 year old Michella Welch; 26 pattern.The People v. Pizarro, 110 Cal. App.4th 530 (2003)17 the 1988 Indiana case of 8-year-old April Tinsley; 27 and the case is another interesting science meets law case for students 1992 Pennsylvania case of elementary school teacher to brief and study. This case provides a plethora of questions Christy Mirack.28 that Legal Studies students can discuss/explain such as the Prosecutor’s Fallacy; how to effectively challenge DNA During any semester, the legal educator can find current legal evidence; and the use of mitochondrial DNA (“mtDNA”) and cases involving the use of DNA evidence,29 and draw from why mtDNA it is not as good as a DNA match. these actual cases to craft drafting assignments. Suggested topics for research papers include “Familial Searches: The d. Law Faculty, the Legal Experts and Invited Guest Speakers, Legal and Ethical Issues Surrounding Its Use” and “Collection the Science Experts of Arrestee DNA and Fourth Amendment Implications.”30 The impact of science in our lives and its connection to the Criminalist textbooks as well as articles on the topic of field of law provides the paralegal educator with unique DNA, the Fourth Amendment 31 and how specific states 32 opportunities to demonstrate to Legal Studies students are managing and responding to the challenges and issues how their work, time, and dedication as students will one arising out of technological advancements as well as the day have an effect on the life/lives of a real person/people. ethical implications of familial searches33 provide background After perusing the website of an author who had written information for the legal educator when guiding the Legal a book about the untimely death of her daughter and the Studies students with these assignments. possible worsening of her condition due to a misdiagnosis and treatment,18 I came across a letter written by a medical CONCLUDING THOUGHTS student to that author informing her how valuable it was for A course dedicated to forensic science and the legal process her, as a soon to be doctor, to read this book.19 Utilizing books is both timely and necessary in the Legal Studies curriculum. written about science and forensics and incorporating this What such a course offers both the legal educator and student information into the Forensic Science & The Legal Process is flexibility in teaching this subject matter; practical skills for course can provide our Legal Studies students with this use in the legal profession; a ready source of material in a same kind of realization and understanding about how their ripped-from-the-headlines fashion; and the opportunity to professional decisions can and do impact and affect the lives work with peer-experts (domestic and abroad) within and of their clients and their families. outside your field of knowledge/study.
One such book I have come across is entitled,Inside the Cell: BIOGRAPHY The Dark Side of Forensics, by Erin Murphy,20 a professor at Marissa J. Moran is an attorney and professor in the Department New York University. Professor Murphy shares her science of Law & Paralegal Studies, New York City College of Technology, CUNY, where she currently teaches Legal Technology, Forensic expertise and allows the reader to understand that while Science & the Legal Process, and Legal Document Preparation. DNA evidence is useful, the legal professionals who rely She has also taught business law courses as an adjunct professor on it must not only consult with the scientific experts, but at New York University, Stern School of Business. Her teaching also explore variable alternate conclusions through a close concentration focuses on the blended areas of technology & law examination of the case, especially the facts. A widely covered and forensic science & law.
38 FALL/WINTER 2018 THE LEGAL EDUCATOR ENDNOTES 21 Ibid., 33-34 1 Professor Marissa Moran, LAW 4805 - Forensic Science & The Legal 22 Process course, Discussion Board Post, Legal Expert vs. Scientific Expert. Murphy, Erin E. “How DNA Evidence Incriminated an Impossible Suspect.” New Republic, 26 Oct. 2015. 2 Professor Marissa Moran, LAW 4805 - Forensic Science & The Legal Process course, Discussion Board Post, Founding Fathers vs. Fathers of 23 Murphy, Erin. Inside the Cell: The Dark Side of Forensic DNA. Perseus Scientific Evidence. Books, 2016, p. 189 3 Saferstein, Richard. Criminalistics. Pearson, 2017, page 8. 24 Ibid., 200-202 4 Frye v. United States, 293 F. 1013 (D.C. Cir 1923). 25 Feeney, Matthew. “Genetic Informants’ and the Hunt for the Golden 5 Daubert v. Merrell Dow, 509 U.S. 579 (1993). State Killer.” Cato Institute, 30 Apr. 2018.
6 Saferstein, Richard. Criminalistics. Pearson, 2017 (11th Edition). 26 Fox News. “DNA Leads to Arrest in a Second Washington State Cold Case Involving a Murdered Young Girl.” Fox News, FOX News Network, 23 7 Coppolino v. State, 223 So. 2d 68 (Fla. Dist, Ct. App. 1968), app. June 2018. dismissed, 234 So. 2d 120 (Fla. 1969), cert. denied, 399 U.S. 927 (1970). 27 Martinez, Gina. “DNA Leads to Arrest in 1988 Murder of April 8 Goldman, Thomas F. Technology in the Law Office. Pearson Education, Tinsley.” Time, Time, 16 July 2018. Inc., 2016 (4th Edition). 28 Eustachewich, Lia. “Cops Find Genealogical Match to Link DJ to 9 Goldman, Thomas and Moran, Marissa. Instructors Manual to Teacher’s 1992 Killing.” New York Post, New York Post, 26 June 2018. Accompany Technology in the Law Office. Pearson, 2007. 29 Katrina Vetrano (Queens, New York 2016) and Duke Lacrosse (Durham, 10 Paul L. Kirk, 1953 Crime Investigation: physical evidence and the police North Carolina 2007) cases. laboratory. Interscience Publishers, Inc. New York. 30 11 “Course Models.” COIL, coil.suny.edu/page/course-models. Professor Marissa Moran, LAW 4805 - Forensic Science & The Legal Process course, Familial DNA Memorandum, Writing Assignment. 12 Lisa Heinzlering, Doubting Daubert, 14 J. L. & Pol’y (2006). 31 NA Forensics: Does Taking DNA of Arrestees Violate the 4th 13 “Help Us Put an End to Wrongful Convictions!” Innocence Project, Amendment. www.innocenceproject.org/. 32 DNA Arrestee Laws Authorize the Analysis of DNA Samples. 14 “College STEM Education - Funders.” Inside Philanthropy, www. insidephilanthropy.com/grants-for-stem-education; “STEM Grants.” STEM 33 “Family Feud: The Familial DNA Search Controversy Grants in Higher Education, www.pearson.com/us/higher-education/ Continues.” Forensic Magazine, 14 June 2016. products-services-institutions/educational-grants-help/finding-grant- funding/stem-grants.html.
15 “Internal Affairs,”Criminal Minds. CBS, 3 Dec. 2015. Television. “Invisible Intruder.” Forensic Files. TLC, Court TV, NBC, 6 Oct. 1999, Television. “Mea Culpa.” CSI: Crime Scene Investigation. CBS, 25 November 2004, Television. “Scavenger.” Law and Order: SVU. NBC, 19 Oct. 2004, Television. “Shattered.” Homicide Hunter: Lt. Joe Kendra, Investigative Discovery (ID), 4 Jan. 2017. Television. “The Bone Yard” NCIS: Naval Criminal Investigative Service, CBS, Belisarius Productions, 26 Oct. 2004, Television. “The Killer at the Gas Station,” Cold Case Files. A&E Network, 27 May 2017, Television.“The Verdict is in the Story.” Bones, TNT, 5 May 2008. Television.
16 Brady v, United States, 397 U.S. 742 (1970).
17 People v. Pizarro, 110 Cal. App.4th 530 (2003).
18 Isabel Allende. Paula.1994. 19 Letter to Paula,By Erin Coleman, M.D., written while in medical school. https://isabelallende.com/en/words/letter_to_paula
20 Murphy, Erin. Inside the Cell: The Dark Side of Forensic DNA. Perseus Books, 2016.
THE LEGAL EDUCATOR FALL/WINTER 2018 39 DR. ROBERT DIOTALEVI, ESQ., LL.M. - Florida Gulf Coast University
When we think of writing many of us
are stuck in the “publish or perish”
syndrome. If one does not work for
an institution which requires it then
why do it? And why on earth would
we even think about authoring with
students? As a legal educator and
pupil, we both wish to relay a story
which may change the way of thinking
on this matter. And it is especially
relevant to paralegal academicians.
Professors And Law Students Collaborating On Writing
Introduction The Article Melissa Larrea received her Bachelor’s Degree in Legal The Para View’s June 2015 edition of the Kansas City Studies and minor in Philosophy from Florida Gulf Coast Paralegal Association’s published Melissa and Bob’s article, University (FGCU) in 2014. She was ready to embark entitled,Registered Paralegal and the Unauthorized Practice upon a career in law. Besides the knowledge she had of Law. The article provided insight and tips on avoiding acquired throughout the years in achieving her degree, the unauthorized practice of law. It also covered the one of the most rewarding experiences was getting requirements of becoming a Florida Registered Paralegal. The published. There were numerous benefits to working major focus of this article was to inform future paralegals and with her professor, as a student, she got published with current paralegals about the unauthorized practice of law. her legal studies professor, Dr. Bob Diotalevi. It proved to We believe this article served as a useful tool for individuals be a rewarding experience for both of them as well as an in the field. advantage on Melissa’s law school application. The Benefits In this article Melissa and Bob share their experience as well Regarding co-authoring, according to Brian K. Payne, Ph.D., as offer insight to others who wish to write with law students. a professor of Criminal Justice and Elizabeth Monk-Turner, They hope it will serve as an inspiration to get involved in this Ph.D., a professor of Sociology, “one of the most obvious truly worthwhile journey. benefits for students is that students are able to learn and
40 FALL/WINTER 2018 THE LEGAL EDUCATOR hone their research skills through collaborative projects Also note that faculty benefit from student co-authors in (Ostrower 1998). Among other things, these skills include that they are able to bring a fresh sense of imagination problem formulation, critical thinking, writing, survey and excitement to the project with the look of different development, data gathering, data analysis, and program eyes rather than their colleagues or themselves (Payne, evaluation. While students can gain these skills working Brian K., and Elizabeth Mon-Turner). Just as the professor on projects independently, we believe they are getting brings experience to the work the student brings a different more valuable feedback when working directly with their perspective. For example, when we co-authored the article professors” (Payne, Brian K., and Elizabeth Mon-Turner). Melissa was interning at a family law practice.
During a student’s education he or she will submit various Another example is one provided by Payne and research projects as assignments that will receive feedback, Monk-Turner, “one of us worked with students who were but not in depth enough to guide them in future projects wanted to examine how different groups responded to or in publishing. By writing with a professor a student random acts of kinds. The students passed out roses can receive fuller feedback and guidance that allows randomly to 144 individuals and observed how those improvement to the current draft in hopes of publication. receiving the rose reacted to this kindness. Incidentally, this Harvey Rachlin, author of The college try: How to start a research found that females responded more positively to writing career when you’re a student states that, “writing these random acts than males. Without our students, we instructors typically have lots of publishing credits and know would never have had the time or ambition to carry out such agents and editors” (Rachlin, Harvey) this is extremely helpful. a project” (Payne, Brian K., and Elizabeth Mon-Turner.).
The student also benefits from having a co-authored article The Do’s and Don’ts of Engaging Students published by being able to add this achievement to their law school application, graduate school application and resume. Significant personal accomplishments can help one’s Do’s Don’ts application stand out. “Special talents and achievements help set you apart from other candidates. A professional Be positive and encourage Avoid keeping distinction such as awards and publications can also enhance creative writing. your distance. your law school admissions profile” (Kane, Sally.). If applying for a job such as in journalism or in the legal field, having Offer graded assignments Refrain from giving publications on one’s resume will show teamwork ability, or extra credit that constructive criticism. research techniques and writing skills. The College Board’s includes writing. National Commission on Writing:Writing: A Ticket to Work... or A Ticket Out, a survey of 120 major American corporations Propose writing seminars Back away from employing nearly 8 million people, concluded that people to students. helping students. who cannot write and communicate clearly will not be hired and are not likely to be considered for promotion (“Writing Communicate frequently. Close the doors is the Key to College Success. Do Your Students Write Well on opportunities. Right Now?”). Use student writing Bar students from As for the professor who is co-authoring with a student, the in peer review or creating compliments benefits include being able to be a mentor a young author oral presentations. to their resumes. and getting a different perspective. The professor is able to reinforce research and writing skills that the student has Provide structure Stifle creativity gained through their academic career. The student trusts and direction. and fresh ideas. the professor’s feedback, which can result in an article that can be considered for publication as well the building of a stronger bond between them.
THE LEGAL EDUCATOR FALL/WINTER 2018 41 Advice on Co-Authoring: The How-to’s Varying opinions are crucial to the understanding of DeWitt Scott, author ofCo-Authoring with a Professor, complex topics in an ever-evolving field. This will aid provides five strategies that can help with the process. First, in discussions of current trends and thoughts as well be honest from the beginning about what you can take on; as encourage students to venture out into writing about hot be sure to let your professor know exactly how much of topics that will be proven to be useful in their academic and the workload you can shoulder. Secondly, don’t be afraid professional career. to analyze/critique your professor’s work; she/he is human just like you and neither of you is above critique. Thirdly, Melissa feels motivated to keep writing articles on relevant hold your professor accountable; you cannot hesitate to topics in the legal field with Bob and others. As professors be assertive during this process. Fourthly, suggest that the work with students while relying upon each other’s different two of you present the work at a conference. Lastly, return strengths, you will find that collaborative projects allow the favor in the future; the benefits of finding a compatible faculty and student to produce new and exciting manuscripts. working partner in academia are endless” (Scott, Dewitt). It is a rewarding venture for both student and teacher. The most important tip we can give based on our We hope this article will encourage those interested in experiences is to keep communicating. If either of you are embarking in this wonderful experience. struggling on a section or the research parts, seek each other out for guidance, there is nothing wrong with hitting BIOGRAPHIES a writer’s block and asking for help and that includes the Dr. Robert Diotalevi, Esq., LL.M., is in his seventeenth (17th) year experienced professor or young writer. And bring topics as Associate Professor of Legal Studies at Florida Gulf Coast for future publications to your students; encourage them University in Fort Myers, Florida. He has been a lawyer for thirty- to do so. The legal publishing world is constantly changing three (33) years as a member of the Massachusetts and Florida bars. His e-mail is [email protected]. and bringing controversial topics to light; therefore keep in contact with your students and pursue more writing, you Melissa Larrea graduated from Florida Gulf Coast University in never know which topic folks are looking for. Fort Myers, Florida, with a Bachelors degree in Legal Studies and a minor in Philosophy. She has been a legal assistant for a criminal We suggest to do what Bob did; approach students with and family firm for three years. She plans on going to law school the idea of writing based upon what interests them, and wants to specialize in Immigration and/or Family law. Her considering perhaps previously-submitted collegiate works. e-mail is [email protected]. For example, if one is instructing a business organization course there are plenty of topics from which to choose. REFERENCES Perhaps students could tailor a paper on a specific business Kane, Sally. “Law School Admissions Tips to Help Your App Stand Out.” The Balance. N.p., n.d. Web.
CONCLUSION Rachlin, Harvey. “The college try: How to start a writing career when The collaboration of writing between students and professors you’re a student.” The Writer. N.p., 21 Aug. 2013. Web.
42 FALL/WINTER 2018 THE LEGAL EDUCATOR been successful in appealing the verdict. (You may recall that Ms. Carter was alleged to have encouraged Mr. Roy via text messages and a phone call to complete his plan to commit suicide.) Students were asked to include in their essays an assessment of the legal arguments on both sides of this controversial case but to advocate a single position grounded in authority rather than emotion. Five students won scholarships in the amount of $500. In addition, AAfPE waived the conference registration fees for scholarship winners attending the LEX session during the National Conference in Newport, Rhode Island. Congratulations to this year’s winners!
Isabella Acosta Daemen College Update on (Margaret Phillips, Department Chair, Paralegal Studies)
Sara Cleveland Lambda Epsilon Kankakee Community College (Kristine M. Condon, Professor and Program Coordinator, Chi (LEX) Paralegal/Legal Assistant Studies) Aziza Asad Suffolk University (Mary M. Flaherty, Associate Professor and Director, As always, it’s been a busy year for LEX! Undergraduate Law Program) AAfPE has already inducted almost 700 new honorees so far in 2018, and we anticipate even greater numbers in Linda Chan 2019. AAfPE also welcomed three new LEX chapters: College of DuPage (Sally N. Fairbank, Coordinator, Paralegal Studies) · College of the Canyons Jennifer Knous · Genesee Community College Davenport University (Misty Davis, Department Chair, Legal Studies) · Guilford Technical Community College Next year’s scholarship competition will introduce some · Western Kentucky University exciting new opportunities! In 2019, the highest scoring applicant will receive $1,500.00, with $500.00 going to one If your school does not currently have a LEX chapter, runner-up. In addition, the names of program directors with please consider it. It is a wonderful thing for the students, students applying for a LEX scholarship will be entered into providing an opportunity to recognize those who meet a drawing for a $100.00 Amazon gift card. high academic criteria through a formal ceremony and the awarding of a Certificate of Induction and a special pin. For more information on these or any other aspects of LEX, please feel free to email AAfPE Headquarters at Students attending AAfPE member schools which have [email protected]. LEX Chapters are also eligible to participate in the annual LEX scholarship competition. In 2018, the LEX scholarship question was a fascinating one: whether Michelle Carter, who was convicted of involuntary manslaughter in the suicide death of her friend Conrad Roy III, should have
THE LEGAL EDUCATOR FALL/WINTER 2018 43 LEX Winning Essays
LEX essays are reprinted as submitted to the editorial staff of The Legal Educator. Changes or corrections have not been made.
the truck, and Ms. Carter told him, by telephone, to “get The Legal Educator proudly publishes back in.” Mr. Roy obeyed, and was found dead on July 13, the 2018 winning Lambda Epsilon Chi (LEX) 2014. According to the judge’s statement in finding Ms. Carter guilty of involuntary manslaughter, “ [t]his court finds Scholarship Essays. AAfPE awarded four that instructing Mr. Roy to get back in the truck constituted wanton and reckless conduct.” $500 scholarships specifically for the pursuit
of the student’s paralegal education. Some legal experts have said that this verdict seems to extend manslaughter into new territory and could potentially have far-reaching implications. As one commentator said, “Ms. Carter’s conduct was morally The essays were based on the following question: reprehensible. But — at least until today’s ruling — it LEX 2018 Scholarship Essay Question was clearly legal. While some states criminalize the act of convincing people to commit suicide, Massachusetts has no On August 3, 2017, Michelle Carter, 20 years old, was such law. Moreover, speech that is reckless, hateful and ill- convicted of involuntary manslaughter in the suicide death willed nevertheless enjoys First Amendment protection.” On of her friend Conrad Roy III. The verdict concluded a the other hand, other commentators have pointed out that weeklong trial in Massachusetts involving two teenagers who the Supreme Court has made it very clear that speech does had built a virtual relationship largely on texting from 2012 not enjoy absolute protection, and that there are exceptions until 2014. Apparently, Ms. Carter started out encouraging to the protection provided by the First Amendment. As one Mr. Roy to seek treatment for his depression, but then commentator suggests, “How is Ms. Carter’s texting any changed; in the two weeks before he killed himself, she different from shouting ‘FIRE!’ in a crowded theater? seems to have encouraged him through texts to complete his Of course it isn’t.” suicide. Though thousands of text messages between the two teenagers were admitted into evidence, the judge apparently Please write an essay about whether Ms. Carter’s appeal based his guilty verdict on a single phone call. of this verdict should be successful; remember that you should assess the pros and cons of legal arguments on both Evidence shows that Mr. Roy had taken many steps to sides of this controversy. Also remember that your essay commit suicide, including researching suicide methods should take the form of an advocacy position grounded in online and purchasing materials to help him modify his truck authority including statutes and relevant legal analyses, and to effectively deliver carbon monoxide. Once Mr. Roy had not be based only on personal opinion grounded in emotion. decided to commit suicide, he drove to a remote location on Citation to relevant authority -- both primary and secondary July 12, 2014, and connected his truck to a water pump that -- is critical. released carbon monoxide. At one point, Mr. Roy exited
44 FALL/WINTER 2018 THE LEGAL EDUCATOR ISABELLA ACOSTA past summer during a white supremacist rally in Charlottes- Daemen College ville, Virginia. Most people can agree that, just like Carter’s words, the words and beliefs of the white supremacists who There’s no doubt that the texting-suicide trial of Michelle protested in Charlottesville were sickening. However, for Carter was emotional and difficult to understand. Michelle the protestors who did not physically harm anyone during Carter was found to have known that Conrad Roy III was the rally, their words were not criminalized - unlike Carter’s suicidal and encouraged him through multiple text messages words. There is no denying that the words of the “Unite the to remain in a carbon-monoxide filled truck - which would Right” hate group hurt a lot of people, and many of the Neo- ultimately lead to his death. The case caught a lot of national Nazis in attendance supported a group that killed thousands attention, but most people are finding it quite difficult to find of innocent people. Although Carter encouraged Roy to sympathy for Michelle Carter, who was convicted of involun- return to the car, she did not physically kill him and did not tary manslaughter in June of 2017. threaten him to do so.
Michelle Carter is now appealing her conviction, her attor- This case is causing a lot of confusion because, unlike the neys arguing that she didn’t break any Massachusetts law, majority of states, Massachusetts does not have any laws or and that her text messages to Roy are protected by the First statutes that criminalize the act of encouraging people to Amendment. Carter’s words were morally wrong, and in the commit suicide. Convicting Carter of involuntary manslaugh- eyes of everyday citizens, she is to blame for Conrad Roy III’s ter based on only words and no physical violence will likely death. The question is, can she be held accountable for her cause confusion in future Massachusetts cases. According “killing” words in the eyes of the law? to Louis Fisher’s American Constitutional Law legal textbook, there are certain judicial guidelines for Free Speech cases. Although the Free Speech Clause of the First Amendment Although these guidelines are not mandatory, the U.S. Su- protects most words, it doesn’t confer an absolute right. preme Court often uses three tests to determine the consti- The U.S. Supreme Court decided in Schenck v. U.S. 249 U.S. tutionality when there’s a restriction of free speech – one of 47 (1919) that words can be criminalized when, “the words these tests being the Overbreadth Doctrine. Finding Carter used are used in such circumstances and are of such a nature guilty of involuntary manslaughter broadens the nation-wide as to create a clear and present danger”. Prosecutors may standard definition of manslaughter. use this case to their advantage, but the defense may argue that the decision in Schenck is outdated and does not apply Although there are pros and cons to each argument on because it was used to protect the American people specifi- either side, it would not be surprising if Michelle Carter’s cally during times of war. Per Brandenburg v. Ohio 395 U.S. appeal turns out to be successful. One way Massachusetts 444, speech can be prohibited when it is (1) “directed at can successfully hold people like Carter responsible would be inciting or producing imminent lawless action” and (2) it is to propose legislature that creates a specific statute to hold “likely to incite or produce such action.” The prosecution may people who convince/assist others in committing suicide -ac claim upon appeal that Carter’s words were directed at Roy countable. It can be assumed that most people want to hold to kill himself while knowing he was suicidal, and it can be as- people who encourage the suicide of others accountable of sumed that Carter knew the likely outcome of her words. On their actions, so it is important to find an effective way to do the other side, the defense may argue that Carter, who was so without causing confusion in regards to one’s constitu- only 17 at the time of Roy’s death, did not have the capacity tional rights and civil liberties. to know what her words and Roy’s actions would ultimately lead to. The defense in the trial court proceedings claimed WORKS CITED that Carter also had mental health issues herself, and may Fisher, Louis. American Constitutional Law: Constitutional Rights. 10th not have been able to truly know the power of her words. ed., vol. 2, Carolina Academic, 2015.
The defense may also argue that Carter’s words are no dif- ferent than what we consider to be “hate speech”. The Free Speech Clause of the First Amendment was in question this
THE LEGAL EDUCATOR FALL/WINTER 2018 45 AZIZA ASAD him saying, “If you want it as bad as you say you do, its time Suffolk University to do it today”. (Exhibit 30). As Mr. Roy was in is truck, poising himself with carbon monoxide he was on the phone with the On July 13, 2014 Conrad Roy III was found dead in his truck. defendant. He got scared and got out of the truck when the He filled his truck with carbon monoxide in an attempt to defendant instructed him to get back in. (exhibit 20). take his life. This is not a decision he came to alone, it was one he was pressured into by his “girlfriend” Michelle Carter. The defense could show that Ms. Carter did not know that Almost three years later, on August 3, 2017, Ms. Carter was her actions would have resulted in the death of the victim. convicted in a bench trial of involuntary manslaughter under According to case law, Ms. Carter, or a reasonable person Massachusetts law. Since then Ms. Carter has appealed her under the same circumstances, should have known the harm conviction. Ms. Carter acted in a wanton and reckless man- her words could have caused. Com. v. Pugh, 969 N.E.2d ner that ultimately lead to the death of Conrad Roy III, and 672, 685 (2012). They could argue that because in the past because of that she is guilty under Massachusetts law. She Ms. Carter told Mr. Roy to seek help and her words did not will likely not prevail in her appeal. have an affect then, that there is no way that she could have known that her words would have an effect now. However, In Massachusetts, involuntary manslaughter is intentional after the death of Mr. Roy the defendant texted her friend conduct that creates a high degree of likelihood that sub- Sam saying, “I could have stopped him I was on the phone stantial harm will result to another. Model Jury Instructions with him and he got out of the car because it was working on Homicide 43 (2013). The Commonwealth proved that Ms. and he got scared and I fucking told him to get back in Sam Carter was guilty by showing that her conduct was wanton because I knew he would do it all” (Exhibit 20). Michelle and reckless. Wanton or reckless conduct is “intentional con- Carter admits to her friend that she did in fact know that her duct ... involv[ing] a high degree of likelihood that substantial words would cause harm to the victim. harm will result to another.” Com. v. Carter, 52 N.E.3d 1054, 1060 (2016). Ms. Carter researched methods of suicide and At the end of the day, Michelle Carter acted in an egregious how effective they are and relayed that information to him, manner. She manipulated Conrad Roy III in his most vulner- knowing that he was depressed and contemplating suicide. able moments. Ms. Carter acted wanton and reckless and She told him through a serious of text messages, is therefore guilty of involuntary manslaughter under Mas- sachusetts law. Her appeal is likely to fail because she knew “Plastic bag over your head is only a 23% chance of what she was doing and her actions created a substantial dying. And the overdose on pills and drugs can take likelihood that harm would result. up to 2 hours so idk if that’s worth it. You want some- thing quick. Gunshots to the head is a 99% chance of working, hanging is an 89% chance of working, carbon monoxide is a 80% chance of working. [a]nd pills hardly ever work [c]arbon monoxide poisoning is the best op- tion[,] if you fall asleep in your car while it’s running in a garage, it will kill you. Takes up to 15 mins [a]nd there’s no pain” (Exhibit 30).
These actions helped to create a high degree of likelihood that the victim, Mr. Roy, would go through with completing suicide. In the past Mr. Roy had made failed attempts, and now he had the information he needed from his “girlfriend” to take his life. In addition to that, over and over again the defendant asked the victim if he was going to “do it today”. On the day the Mr. Roy completed suicide, Ms. Carter texted
46 FALL/WINTER 2018 THE LEGAL EDUCATOR LINDA CHAN reasonable juvenile would have alerted his family or other College of DuPage adults that would have been able to help Roy. At seventeen, Roy did overdose, and a girl that he was talking to at the time On July 13, 2014, eighteen-year old Conrad Roy committed notified the police which saved him. Under these elements, suicide following nearly two years of text messages, emails Carter should be held criminally responsible. and phone call exchanges with seventeen-year old Michelle Carter. She was Roy’s long-distance girlfriend. He had been In conclusion, not everyone will agree with the involuntary under the care of many mental health professionals and had manslaughter verdict or the appeal of the verdict. Some will expressed his desire to end his own life numerous times. argue that Carter was ethically wrong while others will say After authorities discovered their digital exchange messages, that her words were protected under the First Amendment and learned that Carter had encouraged Roy to kill himself under free speech. However, there are exceptions, and some towards the end of their relationship, she was charged with speech are prohibited. Another argument would be that involuntary manslaughter. Roy had researched many ways to commit suicide and might have succeeded even without Carter’s urging. Either way, the Is a person guilty of involuntary manslaughter if she verdict will not bring Roy back. encouraged another person to commit suicide? No. Michelle Carter’s appeal of the verdict should be successful because WORKS CITED she did not actively participate in the death. Carter merely U.S.Cong., Congress. (2014, September 8). Freedom of Speech and Press: urged Roy, and did not commit the final overt act. Similar Exceptions to the First Amendment (K. A. Ruane, Author) [Cong. Rept. from Legislative Cong., 2nd sess.]. Retrieved from www.crs.gov to the case of the People v. Kevorkian, 527 N.W.2d 714 (Mich. 1994), the defendant simply provided the means to Moriarty, E. (2017, August 06). Death by Text: The case against Michelle commit suicide and did not participate in the actual suicide. Carter. Retrieved October 27, 2017, from https://www.cbsnews.com/ According to the Rule of Law, “Intentionally providing news/texting-suicide-trial-sentencing-michelle-carter-conrad-roy-death- by-text/ the means by which another person commits suicide does not rise to the level of murder.” Also, in the state of People v. Kevorkian, 527 N.W.2d 714 (Mich. 1994). Massachusetts, there were no laws that would make it a Let’s ace law school. (n.d.). Retrieved October 26, 2017, from https:// crime for a person to convince another to commit suicide. www.quimbee.com/keyterms/wanton-and-reckless-conduct In addition, under the Bill of Rights, the First Amendment Reasonable person standard. (n.d.). Retrieved October 26, 2017, from guarantees the freedom of speech even if it is reckless and https://legal-dictionary.thefreedictionary.com/Reasonable person ill-willed. standard
Miller, Roger LeRoy, and Mary Meinzinger. “Today’s Professional If Michelle Carter were to be held to the frequently used Paralegal.” Paralegal Today: The Legal Team at Work. 6th ed. Clifton Park: phrase, “Reasonable Person Standard,” used in criminal and Delmar Cengage Learning, 2014. 183. Print. tort law, would she be unsuccessful at appealing her guilty of involuntary manslaughter verdict? Yes. In deciding if a duty of care had been broken in this case, the courts would ask whether an average juvenile would have acted under similar circumstances. In this situation, Carter told Roy over the phone to “get back in” the truck that was filled with carbon monoxide. The court found that her conduct was “wanton and reckless.” This means that she behaved in a reckless manner and disregarded the safety of Roy when she knew it would be unsafe for him to reenter the truck. Furthermore, Carter breached her duty of care to Roy. Her text messages encouraged him to commit suicide was negligent. She knew he was taking psychiatric medication and was under the care of mental health professionals. Roy was unwell. A
THE LEGAL EDUCATOR FALL/WINTER 2018 47 SARA CLEVELAND such a bracelet was never given to her. The nursing home Kankakee Community College was charged with involuntary manslaughter in the death of the resident. In its ruling, the Court noted that “[w]anton When Michelle Carter made a phone call to her friend or reckless conduct generally involves a willful act that is Conrad Roy III on July 14, 2014—the phone call immediately undertaken in disregard of the probable harm to others that prior to Mr. Roy’s suicide—she probably did not realize the may result.” Commonwealth v. Life Care Ctrs. of Am., Inc., legal ramifications she would cause. It is incredibly difficult to 456 Mass. at 832. set aside the moral quandary that Ms. Carter’s actions pose. However, we must do just that in order to examine the legal This concept can easily be applied to Ms. Carter’s case. precedent of this case. When Ms. Carter encouraged her boyfriend to commit suicide, she was acting willfully and without regard to the In Massachusetts, there is no law on the books that makes it actual consequences her words might have in a circumstance a crime to coerce or encourage someone to commit suicide. where harm was incredibly likely. Therefore, I believe that However, most states have adopted laws criminalizing this the judge’s ruling in finding Ms. Carter guilty of Involuntary this action. For example, in Illinois, pursuant to 720 ILCS 5/12- Manslaughter was just. 34.5, a person who “[k]nowingly coerces another to commit suicide and the other person commits or attempts to commit suicide as a direct result of the coercion” and has “substantial JENNIFER KNOUS control over the other person” through use of “psychological Davenport University pressure” or “control of the other person’s physical location or circumstances” is guilty of a Class 2 felony. In Ms. Carter’s On July 3, 2014, Conrad Roy, age 20, was found dead in case, psychological pressure was indeed used, evidenced his truck after intentionally filling his vehicle with carbon by the hundreds of text messages exchanged between Ms. monoxide from a generator. His then “girlfriend” at the time, Carter and Mr. Roy in which Ms. Carter encouraged Mr. Roy Michelle Carter, age 17, had not only went into great detail to follow through with his suicide, and when he showed signs on how, what equipment to use, and when Roy should take of faltering, she called him and told him to get back into his his life, but also coerced him into doing so via text messages truck. Had Ms. Carter committed these actions in the state demanding him to “do it now”. Michelle Carter’s actions of Illinois—or really, any state with a similar law—she would were without doubt reprehensible, but were they truly have more than likely been found guilty. criminal? Bristol County Juvenile Court Judge Lawrence Moniz ruled that the words used constituted a criminal act The judge’s decision to define Ms. Carter’s behavior as beyond a reasonable doubt. “wanton and reckless conduct” is another contentious issue. While there is no statutory crime of involuntary The judge was very thorough, mindful, and extremely manslaughter in the state of Massachusetts, the court will descriptive in his reasoning for this conviction. It is determine that a defendant’s actions constitute involuntary undeniable that, given the fact that Massachusetts does manslaughter if those actions unintentionally cause the not prohibit encouraging suicide by statute, charging Carter killing of another person as a result of the defendant’s under involuntary manslaughter was not only warranted, wanton or reckless conduct. See Commonwealth v. Welansky, but clearly within the parameters of that statute. Mass. 316 Mass. 383 (1944). But what makes a defendant’s actions Gen. Laws ch. 265, § 13 (2017). Quoting Commonwealth truly wanton and reckless? It is a broad phrase that leaves v. Vanderpool, 328 N.E.2d 833, 836 (Mass. 1975)) (In some room for argument. Case law is crucial in defining Massachusetts, “there is no statutory definition of this phrase. In the case of Commonwealth v. Life Care Ctrs. manslaughter,” so “the elements of the crime are derived of Am., Inc., 456 Mass. 826 (2010), a resident of a nursing from the common law.”); see also Model Penal Code home died after she was allowed to leave the facility despite [section] 210.3 (Am. Law Inst., Official Draft 1985). repeated attempts on previous occasions; additionally, the resident was supposed to be wearing a signaling device Under Massachusetts common law, involuntary that would alert the staff when she neared an exit, but manslaughter is defined as occurring when someone unintentionally causes the death of another person, when
48 FALL/WINTER 2018 THE LEGAL EDUCATOR the defendant was engaging in some type of reckless Nothing about Carter’s actions were reasonable, and conduct, or while committing a serious battery upon another nothing about her actions demonstrated any exercise person. Commonwealth v. Earle, 458 Mass. 341, 347 (2010); of a reasonable standard of care for what would be expected Commonwealth v. Walker, 442 Mass. 185, 191-192 (2004). of a person under similar circumstances. She did not try to Commonwealth v. Sneed, 413 Mass. 387, 393-394 (1992) deter him, she did not notify authorities, she did not warn Commonwealth v. Braley, 449 Mass. 316, 331 (2007). It his family. What she did do was persuade him, literally, to can also be based on a failure to act when there is a special kill himself. When he exited that truck out of fear for taking relationship between the defendant and the victim that gives his own life and showing the will to want to live, her actions rise to the duty of care, the defendant’s failure to act caused superseded any realm of possible debate when she told the victim’s death, the defendant intentionally failed to act, him to “get back in” that truck. This constitutes wanton or the defendant’s failure to act was wanton and reckless. and reckless behavior in regard to human life. Though she Commonwealth v. Levesque, 436 Mass. 443, 451 (2002), may not have been there physically, her demanding words Commonwealth v. Twitchell, 416 Mass. 114, 117-118 (1993); paralyzed and condemned him, a fragile young man crying Commonwealth v. Welansky, 316 Mass. 383, 397 (1944), out to this young woman that he trusted for help. A cry that Mass. Gen. Laws ch. 265, § 13 (2017). Carter’s conduct was she spun around and coerced him into taking action on, and without doubt reckless, not only by her telling Roy to get he lost his life because of it. back into the truck when he made a clear indication that he wanted to live, but also when she failed to act in any way to Upon appeal, I believe it is highly probable that the verdict stop him or to alert others, and she has proven that she has a will be affirmed because there clearly wasn’t any error made reckless disregard for human life. applying the law to this case. The unfortunate part of this case is that it may be the first of its kind, but I highly doubt it There is no question that Conrad Roy was an extremely will remain that way for long. This is a crisis that our future troubled young man. That was made blatantly obvious from generations are facing. It is imperative that we establish his video diaries and text messages about committing suicide. laws now for the foreseeable future in regard to this issue However, Carter was extremely influential in his plans, in and others that are sure to arise from our ever-evolving age particular, his final exit plan that ultimately took his life. She of social media and the cyber world in general and its ability not only aided in the idea to use carbon monoxide poisoning, through bullying and other means to coerce one into doing she also went as far as to tell him precisely how it could be dangerous, life-threatening acts that someone persuaded carried out and the equipment needed, as well as where to them to execute. execute this final plan. This precise advice on her part can not only be seen as encouraging suicide, but could also be Prosecution rightfully argued that Michelle Carter was the considered assisting suicide. straw that broke the camel’s back that day. She told him to get back in the truck upon his exiting the vehicle and This type of counseling on suicide can be compared to the expressing his fear to follow through on taking his life. She 1816 case of George Bowen (Northampton, MA). Bowen had the opportunity to put a stop to this tragedy, but instead was indicted for being a participant in the hanging of she pushed him over the edge. This is deemed as “wanton prisoner in the next cell, by coaxing him into hanging himself. and reckless conduct” and Michelle had a moral duty to Commonwealth v. Bowen, 13 Mass. 356 (Mass. 1816). Even tell him to stop or to tell someone that he was in imminent more notably however, is the case of State v. Melchert-Dinkel, danger. She chose to do nothing. Instead, she aided his where a Minnesota man posed as a suicidal nurse that preyed demise and listened to him choke and gasp his last breath. upon suicidal subjects via online chatrooms and persuaded and encouraged at least 2 people to hang themselves by When you take a step back to truly analyze this case, means in which he instructed and made promises that “she” you’ll note the only real injustice here is that she was only too would commit suicide, and was ultimately found guilty. sentenced to 2.5 years, even though she faced up to 20, State v. Melchert-Dinkel, 844 N.W. 2d 13 (Minn.2014). The and will only serve 15 months for the death of Conrad Roy similarities between theMelchert-Dinkel and Carter cases are pending the appeal. dauntingly comparable and eerily similar.
THE LEGAL EDUCATOR FALL/WINTER 2018 49 2018-2019 Candidate Statements AAfPE Elections President-Elect AAfPE Institutional Members will vote to fill the following DEBRA R. GEIGER positions during the annual business meeting of the Savannah Technical College membership at the 37th National Conference, located at Gurney’s Newport Resort and Marina, 1 Goat Island, I am humbled yet honored to have been nominated to serve Newport, RI 02840, on Friday, November 2, 2018, at 12:15 p.m. as President-Elect of AAfPE. One of the first things I did when I was hired in 2012 as Paralegal Studies Department All Institutional Members are eligible to vote. If you are an Chair at Savannah Technical College was to join AAfPE. Institutional Member, and will not be attending the conference, Arguably, that decision has proven to be one of the best you may designate a proxy to cast your ballot. If you plan to decisions I have made thus far for our program. My vote by proxy, you must, in accordance with association bylaws, involvement with AAfPE continues to improve my skills as notify AAfPE Headquarters in writing of your proxy selection, a paralegal educator and it further enhances the quality using the AAfPE Proxy Form, no later than October 18, 2018. of legal education our students receive. In addition, the Having been duly qualified, the Nominations Committee is local community benefits from the many service-learning pleased to present the following slate of candidates opportunities we offer students. Membership in AAfPE for consideration: has definitely been a worthwhile investment, which has allowed me opportunities to give back as well.
President-Elect DEBRA GEIGER I have developed relationships with many of the members Savannah Technical College over the years and I am grateful to those who were gracious Director enough to answer my calls to serve. Recently, with the help Pacific Region DWIGHT DICKERSON California State University of many dedicated members, we were able to re-activate the East Bay Access to Justice Committee. Last year, the committee raised funds and awarded a $1,000 scholarship to a very deserving Director KENNETH GOLDSMITH paralegal student who not only excels academically, but also Southeast Region Chattanooga State gives back to her community through service. Over the past Community College six years, I have attended and presented at many of AAfPE’s annual conferences and regional conferences. For the past BILL MCSORLEY three years, I have had the privilege of serving as Associate Midlands Technical College Programs Director. Serving on the AAfPE Board of Directors Director SHAUN KOENIG has given me a deeper understanding and appreciation Associate Programs Community College of the organization, its challenges as well as opportunities. of Baltimore County I am well aware of the duties and responsibilities of this office. This is a huge commitment, but I am willing CHRIS SIMCOX and prepared to do the work required for this position. Bucks County Plus, I recognize that an organization is only as strong as its Community College most valuable resource: its members. It will take all of us working together to sustain and grow AAfPE for the next Director GREGORY RICHARD generation of paralegal and legal studies educators. Baccalaureate Winona State University Programs If elected, I pledge to fulfil my duties as AAfPE President-Elect to the best of my ability and represent you well. I appreciate ABA Commission this opportunity to serve AAfPE, its members and the board. Baccalaureate Programs Thank you in advance for your support and your vote!
50 FALL/WINTER 2018 THE LEGAL EDUCATOR One of my core beliefs is that we have a duty as Director, Pacific Region professionals and educators to bring along the next DWIGHT DICKERSON generation of professionals. AAfPE’s mission and its efforts California State University East Bay are consistent with this core value. I would welcome your vote and another opportunity to serve AAfPE and the Pacific Hello. My name is Dwight Dickerson and I am the Program Region programs. Director of the Paralegal Studies Program at California State University, East Bay, an ABA-approved Paralegal Program. It is an honor to be nominated for a second term to the AAfPE Board of Directors as representative for the Pacific Region. I am Director, Southeast Region grateful to once again have another opportunity to give back to KENNETH GOLDSMITH an organization that plays such an important role in paralegal Chattanooga State Community College education and legal studies. I am the Paralegal Program Director and Professor of Legal I received my J.D. from the University of Michigan Law School Studies at Chattanooga State. I am also a former member of and have been an active member of the State Bar of California the ABA Approval Commission, having served from 2014-2017 since December 1977. After working for the State of California as the AAfPE Certificate Program Representative. Fair Political Practices Commission specializing in conflicts of interest, I worked for the Legal Aid Society of Alameda County I feel that I can bring some important experiences to the as a Managing Attorney and Executive Director specializing Director of the Southeast Region. These experiences will add in landlord tenant and consumer law. I later served as the value to AAfPE stakeholders. These experiences include: Executive Director of Oakland Community Housing, Inc., a nonprofit affordable housing and property management • A decade of experience as Program Director, organization. • Conducted 17 site visits as a member of the ABA I have been associated with Cal State East Bay’s paralegal Approval Commission, program for over 25 years as an adjunct instructor. For the past ten years, I have had the wonderful pleasure to serve as • Extensive curriculum design and development experience the Director of the program. Since coming on board as the (paralegal certificate, online and hybrid course offerings), Program Director, I have had the opportunity to participate in growing and expanding the program during the state’s • Experience with the ABA seven year re-approval process (2X), fiscal crisis, establishing an online education program, and Experience working with first time freshman (TN Promise maintaining the program’s ABA-approved status. • returning students (TN Reconnect) and post degree I am deeply committed to paralegal education and legal seeking students studies. I have served on the ABA’s Standing Committee on Manager of successful 2+2 transfer program Paralegals’ Approval Commission, and still volunteer to do site • visits on its behalf. Since becoming Program Director at Cal Terminal degree in business as well as law State East Bay, I have attended and often presented at most if • not all of the AAfPE national and Pacific Region conferences. My vision for AAfPE is to continue to expand the organization’s support for high quality academics and AAfPE plays a critical role as a facilitator and resource for to position the organization to move into and support paralegal programs. As the Board Representative for the the emerging area of paralegal practice independence, Pacific Region I have had an opportunity to coordinate three certification and continuing education. successful regional conferences as well as being available as a resource for my fellow Program Directors.
THE LEGAL EDUCATOR FALL/WINTER 2018 51 and build new and interesting elective courses for the student Director, Southeast Region population. BILL MCSORLEY Midlands Technical College In addition to serving as the Program Coordinator, Mr. Koenig also serves at the School of Business, Education, Justice, and Law My school has been involved with AAfPE since the 1980s and Pathways coordinator. In this capacity, Mr. Koenig helps develop, we have reaped many benefits from our membership in the plan, and participate in a variety of college wide programs to help organization. My direct involvement with AAfPE began in 2000, student retention within the Legal Studies Program, as well as the when I went to my first national conference and realized what college as a whole. a great bunch of people belonged to AAfPE. Two years later, I became the program director at Midlands Technical College in As Director of Associate Programs Mr. Koenig hopes to utilize his Columbia, SC, and my reliance on the organization for support skills and experiences in the private sector, as well as while serving became even more important to me. in his various Coordinator roles at CCBC to help develop and promote programs and activities to help ensure the continued I served as the interim regional director and was elected last success of Legal Studies programs across all Associate Programs. year to complete the remaining one-year term of Kye Haymore. It has been my pleasure to serve the organization and I have enjoyed getting to know many of you during that time. I look Director, Associate Programs forward to serving an additional three years. CHRIS SIMCOX Bucks County Community College I previously served a three-year term as an AAfPE rep on the ABA Approval Commission and hosted or co-hosted My name is Chris Little Simcox and I am a Professor as well as the two regional AAfPE conferences. It has also been a great Paralegal Internship Coordinator in the Paralegal Studies Program opportunity to have attended 13 of the past 16 national at Bucks County Community College. I submit this statement in conferences, while presenting at a number of them. support of my candidacy for the AAfPE Board position of Director, Associate Programs. Bucks County Community College which My years in AAfPE and in the profession have given me the offers an ABA-approved Paralegal Studies associate degree and ability to serve my colleagues in the Southeast region as an certificate program. I started teaching as an adjunct professor initial contact for a variety of purposes. I have resources in for the paralegal program in 2005 while practicing law part-time nearly every facet of the process and enjoy assisting colleagues and working full-time as a Domestic Relations Officer for the and helping them network with fellow program directors, Bucks County Court System and later officer supervisor. I was vendors, and other professionals. one of only a few adjuncts in the program. I also was an adjunct for Penn State Justice and Safety Institute where I taught law I can also play a key role in setting up worthwhile conferences, as I did the past two years in New Orleans and Memphis, and to the employees, masters and Judges in the family law court help make AAfPE an even more valuable resource in the future. system across Pennsylvania. I worked for the county from 1994 Thank you for considering my nomination! to 2008 when I left to change my combination of employment to include more teaching and add private law practice. In 2014, I left Penn State when I was hired as a full time professor for Bucks Director, Associate Programs County Community College. Today, I teach many of the classes SHAUN KOENIG in the paralegal programs such as Intro to Paralegal Studies, Civil Community College of Baltimore County Litigation, Legal Research I, Ethics, Wills, Trusts and Estates, Elder Law, Family Law, Bankruptcy as well as Business Law. I also serve Shaun Koenig is currently an Assistant Professor in the Legal as the Paralegal Internship Coordinator and continue to work my Studies Program at the Community College of Baltimore County. private law practice part-time. While teaching a variety of introductory and advanced courses in the class, Mr. Koenig also serves as the Program Coordinator for My connections working for the county and also in private one of the College’s three campuses. In this capacity, Mr. Koenig practice afford me the ability to easily assist our students in helps to advise students, work to place them with internships, finding excellent internship opportunities which lead to gainful
52 FALL/WINTER 2018 THE LEGAL EDUCATOR employment. I am passionate about helping our associate member institution Legal Studies Program at Winona State students as well as our certificate students obtain internships, University. I am also an Assistant Professor of History and Legal learn what is really needed in the legal field today and obtain Studies (promotion to Associate Professor pending in August employment. After attending my first AAfPE national conference 2018). I am going into my fifth year of being part of the WSU in 2016, I realized that AAfPE was passionate about the same faculty, and this is my fourth year as Director of the program. things. I was extremely impressed with the organization. I have been part of many organizations over the course of my career I am seeking this position for many reasons. As the director of including the ABA, NJsBA, and Bucks County Bar Association, a four-year program, I have gained much knowledge into the and yet this organization was so much more welcoming and working structures of other programs similar to my own as well embracing. I decided immediately that I wanted to be more as those programs offering two-year and post-baccalaureate involved. I have presented at two regional conferences since my certificates. While our institutions can learn much from each first national conference in 2016 and hopefully will be able to other, there must be a focus on our type of academic programs present at the National conference in October 2018. as well. I am hoping to create a cohesion between four-year programs of different regions as well as open up lines of I believe associates programs have unique challenges not communication with other departments and institutions to faced by certificate programs. I have spoken to many other determine what works for some departments while not working representatives from colleges with associates programs and they for others. agree that there are limitations to providing the essential legal education within the structure of an associates. I would love to I can also bring a unique perspective to this position due to my be a larger part of that discussion and work with others who roles as a tenured (effective in August 2018) professor at a four- have associates programs to address barriers that they may be year institution, licensed attorney, and as a director of an ABA- facing in providing great programs. approved member institution. The two positions can complicate one's career to be sure, but by working together, we can offer I have helped my program successfully through the ABA approval each other the support and guidance to achieve our goals in process and reapproval process. I have experience in committee both realms: academic and paralegal. I hope to open up useful and board service for the ABA, Bucks County Bar Association and dialogs that might help our four-year institutions, as well as all New Jersey Bar Association. I have served as a board member institutions of the AAfPE, achieve success for their students and as well as Family Law Chair for the Bucks County Bar Association their departments, which is ever so critical during this precarious for several years. I have served as Union Steering representative time in higher education in America. and served on several committees throughout Bucks County Community College. I am enthusiastic and put forth 100% to Additionally, I hope to bring more effective communication whatever endeavor I commit. Not to mention I am a mother of between the different regions of the AAfPE as well as regional three boys and somehow manage to keep up with them in all communication with the national office. This increased they do. If elected, I will bring my exposure to many areas in the communication might, in the long run, help our organization field, my dedication and my enthusiasm to the AAfPE board. I create more effective regional and annual meetings. My bring a great deal of experience and enthusiasm to learn. My region has had some lows, but this most recent regional has hope is to move AAfPE into the future and grow with it. It is in demonstrated that local institutions and groups gain much this spirit that I submit my candidacy and ask for your vote. from these gatherings. Any time a large group is broken up into smaller ones, there can be a sense of separation anxiety; the smaller group might feel alone, isolated, and not part of the Director, Baccalaureate Programs larger scheme. I find this anxiety at both the regional level and I GREGORY RICHARD see it at the level of institution type. Winona State University Fortunately, these are all situations that can be mended by My name is Gregory L. Richard, and I am honored to have increased, more effective organization and communication. been nominated for the position of Director of Baccalaureate If elected, I hope to utilize all of my expertise, in both the Programs for the AAfPE. I am currently the Director of the AAfPE academic and the legal world, to help push our organization
THE LEGAL EDUCATOR FALL/WINTER 2018 53
Tiny bits of help on distance education and technology in any classroom AAfPE 2018 BEYOND THE SURFACE: NUTSHELL
VIDEOS USING CAMTASIA Part 2 (See Part 1: Enhancing Course Delivery: Nutshell Lectures for Increased Engagement in AAfPE Bytes—Summer/Fall 2017 issue) By: Stacey L. Callaway, Esq., Rowan College at Gloucester County, Sewell, NJ
The use of the nutshell videos in my teaching practice is important as my students have come to expect them and some even request them! In my last writing I discussed a few approaches to producing simple, effective nutshell videos using a variety of free screencasting solutions. In this article I’ll discuss a few ways to use TechSmith’s Cam- tasia software to produce your videos.
Major Differences
As with most free software packages or free with “in-app purchases” there are often limitations to what you can use or do with them. For example, many screencasting so- lutions offer limitations on time where others may have more time but limit any ability to edit. With TechSmith’s Camtasia, you have a virtually limitless number of options in-
BYTES cluding:
Unlimited recording time Editing and/or deleting all or portions of your video recording Vol. 9 Issue 1 Editing and/or adding audio to your existing recording Winter/ Adding text, titles, and captions Spring Setting scene changes from one video clip to another 2018 Using a watermark to copyright your recordings
While these features sound pretty extraordinary, they can seem daunting as well. Just the very notion of the nutshell videos is one of simplicity so I always have to be careful when creating them--don’t overdo it or you end up spending more time in the editing room than you’ll want to admit later!
Advantages
Aside from the list of differences above, there are some standout advantages to using Camtasia as opposed to many of the free options available. Perhaps the most glaring advantage is your ability to custom craft a video that defines you. Students and clients alike come to you for you--your mannerisms, your lecture cadence, even your humor. If creating video content that is exclusively your own is important, than custom editing is a must. Camtasia allows you take control of just about every aspect of your screencast. (Continued on Page Two )
Just think…
54 FALL/WINTER 2018 THE LEGAL EDUCATOR 1
BEYOND THE SURFACE:
AAfPE NUTSHELL VIDEOS USING CAMTASIA (Continued from Page One)
You decide on a Sunday afternoon to record a series of nutshell videos or even full lectures and while the first one or two go swim- mingly well, suddenly you are interrupted midstream by a delivery at the door, signaled by the more than loud enough Westminster Chime coming from your doorbell. In a similar situation when using some of the free apps, I had to scrap an entire video simply be- cause the editing features were not robust enough to edit out that doorbell and my panic to mute the microphone! Camtasia allows you to not only edit out that entire scene from just before the door- bell rang to everything after, but it also allows you keep what you need and seamlessly merge your new content with your original
BYTES content. Did you cough or sneeze right near the end of your recording? You can edit that too!
Disadvantages
Vol. 9 Issue 1 Like anything that has all the “bells and whistles,” Camtasia does have disadvantages for Winter/ some users. Remember that these articles use the nutshell videos as their primary con- Spring tent focus. If producing a rather short video is in order, then all the editing features in the 2018 world may be a bit excessive, if not overwhelming. It is important to keep content as your priority and to set a time limit for creating your recording. Once you’ve established a time limit for video creation, do your best to stick to it and not allow yourself to get bogged down by the ability to fix every little detail. The live-lecture version of ourselves (what they call, IRL or “In Real Life”) is imperfect--small issues of tone, inflection, pauses are all very real and can probably be left in your videos more times than not. Also im- portant to remember with Camtasia: file size and storage. For all the editing power of- fered in Camtasia, including lots of extra audio, text, and different effects adds to the size of your video which in turn can complicate where you store your files. Remember the K.I.S.S. Principle!
Takeaways
There is no shortage of options available for creating screencasts and other shareable video content. While free screencasting solutions offer a variety of options for different tastes, many of those solutions are on a smaller scale and with varied limitations. TechSmith’s Camtasia offers a full range of solutions that can give a rich design to your content. Camtasia does have price tag, and at $199.00 for a single user license, it does beg the question of value and worth. TechSmith does provide two additional tiers, one for Education discounts ($169) and one for Government agencies ($179). That said, when it comes to return on investment, the richness of content cannot be matched nor can con- venience of editing. There will always be a need for free software solutions. Camtasia has a free trial, available at https://www.techsmith.com/video-editor.html. They claim you don’t need any experience editing videos. I think once you gain that experience in your free trial, you won’t ever want to go back to another screencasting application.
2 THE LEGAL EDUCATOR FALL/WINTER 2018 55 into the future. QUIZLET: HELP STUDENTS AAfPE LEARN THEIR PROFESSIONAL VOCABULARY
Your Small Effort Gives Students a
Big Benefit
By Susan Jaworowski, Kapiolani Community College, Honolulu, HI
Part of learning to think like a paralegal is to understand and use the legal vo- cabulary that is a part of every field of law. From res judicata, subpoena du- ces tecum, and nunc pro tunc to ge- nericide, curtilage, and deduplication, our students need to be fluent in the legal terms of art to be able to apply
BYTES the skills and analysis that we teach them. Quizlet (https://quizlet.com) is a free online tool that allows an instruc- tor to set up vocabulary words and their meanings online, so students can study on any computer. Quizlet also has a mo- bile version for students on the go! Vol. 9 Issue 1 Winter/ It’s easy to build study sets for your students on Quizlet - it’s as simple as cutting and Spring pasting the definition and the term. One nice collaborative feature is that many teachers 2018 make their vocabulary cards public, and you can search for a particular book or author and either use that teacher’s card set, or import it as your own study set and edit it. Adapting someone else’s set for your own students’ use is simple and fast - I found someone who had created study sets from my criminal law book but then customized it for her home state. I copied her set and customized it for Hawaii. You are free to copy any of mine and adapt it for your state!
Quizlet is not just a readily available tool; it is a fun and engaging tool that helps vocabu- lary words stick. Students can select how to study the terms: by clicking on flashcards, which they can choose to view either by the term or by the definition; by typing in the answer; or by listening to a term and typing in the answer. Quizlet has a new function called “Learn,” which gives students a definition and four terms to choose from, creating a mini-quiz that tracks the student’s answers, showing them the questions they got right less frequently, and the ones they got wrong more frequently to give them more practice where they need it.
Once students are confident that they know their words, they can test themselves through a straightforward academic test, or through two engaging games that build flu- ency: a drag and drop game in which they have to pair the right term and definition, and an Asteroid-type game, where the definition hurtles slowly toward a planet, and the stu- dent has to type in the term to make it disappear before the definition hit the planet and ends the game. They’re fun!
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AAfPE QUIZLET (Continued from Page Three)
Last, for face to face classes, Quizlet has “Quizlet Live,” a collaborative classroom game. You can set up teams of students and decide whether to give them terms (and match the definition), or definitions (and have them match the terms). There’s a demo at https://quizlet.com/217348665/live.
Quizlet has two versions, Quizlet for Students, and Quizlet Teacher. The regular Quizlet for Students is free and allows the students to access your flashcards and to create their own study sets. I used that version for a semester and found it quite sat- isfactory. However, Quizlet had a sale, so I upgraded to the paid Quizlet for Teachers version, which allows you to add images to the flashcards and to add your voice to the cards, pronouncing the terms for them, and also to track your students’ progress.
My criminal law students liked Quizlet, with a significant number commenting favora-
BYTES bly on it in their open-ended reflection. I thought the students got a lot of out what was a relatively small effort on my part. I will continue to use Quizlet in my classes, and I strongly suggest you give it a try.
Vol. 9 Issue 1 Winter/Spring 2018
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4 AAfPE FACEBOOK: HOW TO MAKE IT A FRIEND
By Loretta Calvert, Instructor Fullerton College, Fullerton, CA AAfPE Past President
BYTES
In 2008, a vocal adult student told me I “had” to join Facebook. I told her “no” because I was not a Facebook person. She promptly harassed me for a month and implored me that our student club needed a page to post things and “advertise” the program. I remember that first ten minutes after you join and there is nothing in your newsfeed because no one knows yet that you exist. Here I am ten years later explaining to you why I am still on Facebook even though I would rather not be.
It’s for the sake of my students and retention. I started a student club page at the same time I opened my own personal Facebook account. The student club page had Vol. 9 Issue 1 posts regarding classes, exams, office hours, club meetings, club events, internships, Winter/ Spring jobs, and fundraisers. We posted photos from our visits to the state supreme court, 2018 our library scavenger hunts, our parties celebrating the end of the semester, many graduations, LEX inductions, scholarship winners, field trips including trips to the mov- ies for “legal” themed releases, and study abroad trips. My face and the face of hun- dreds of alums graced the student club page. It made a huge difference creating a sense of community. The page helped with retention and promotion as my student had predicted.
It will help you track where your students end up. I know how many of my former stu- dents are working including work at various state and federal agencies. Most of them join the student club page and never leave. Often when they graduate, they friend me personally. Some who do not friend me are “friends of friends” and so I can find out
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AAfPE Alternative Delivery and Technology Committee Members Halye Sugarman, Chair, Loretta Calvert, Susan Jaworowski, Doris Rachles and Sheryne Southard
58 FALL/WINTER 2018 THE LEGAL EDUCATOR 5 AAfPE FACEBOOK
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details. This is a great way to monitor where former students end up. I know who has applied to law school, gotten admitted to law school, and finished. I know who has made it as a court clerk, paralegal at the attorney general’s office, and who is a magistrate judge. When it is reporting time for program review, every graduate is accounted for in the program.
It keeps students engaged when they take a break from classes. As I write this we are on winter break, my current school’s club page is playing a game on Facebook. Name a secondary source from A-Z and I started it off with American Law Review. We are currently up to the letter “P” and I have no doubt we will finish the game by the end of break. I also posted pictures of a BYTES local law school library so they could see the offerings a law school has com- pared to our tiny section on campus. We have three photo albums: one is for lecture notes, one is for club events, and one is for law school related items. Vol. 9 Issue 1 Winter/ The page gives students a place to ask questions rather than email me. They Spring post about where to buy a textbook, selling textbooks, the internship program, 2018 when the first day of class is and how to log in to our platform. I am proud when I see another student offer an answer and help than constantly being their source of information. I’ve even had students offer each other tech ad- vice on buying computers and dealing with other tech issues like student email. I post reminders when the college is doing a backup so they know the system will be down. Facebook allows you to handle those “housekeeping” type of issues.
If you are not convinced yet, I’m not sure what will convince you. I really do occasionally get frustrated by technology and want to delete everything but I keep my social media. I feel I have an obligation to my students. Anything that can help a student is worth trying and Facebook has been a friend after all.
THE LEGAL EDUCATOR FALL/WINTER 2018 59 6 AAfPE TEACHING COMPETITION 2.0 By Kye W. Haymore, JD School of Public Safety and Legal Studies Instructor for Paralegal Studies, Georgia Piedmont Technical College DeKalb Campus, GA AAfPE President
With the proliferation of learning management systems and online open education re- sources, even our face-to-face classes have some online component. Consequently, the AAfPE Board of Directors viewed this current learning environment as the perfect time to combine our two teaching competitions, the Traditional Teaching Competition and Cyber Idol, into one competition that we entitled AAfPE Teaching Competition 2.0. We rolled out the new format at the 2017 AAfPE Annual Conference, and it was a resounding success.
The annual Teaching Competition has long been a proud staple of the AAfPE National Con- BYTES ference. Instructors showcased their best face-to-face teaching strategies for colleagues to gather ideas and offer input. We have also had Cyber Idol, which focused solely on remote teaching in the online environment. The 2017 Competition offered participants the freedom Vol. 9 Issue 1 to display a wide variety of skills, from in-person tips to online tricks and everything in be- Winter/ tween. Participants got to choose their focus. Spring 2018 As AAfPE members, we are certainly interested in the latest technological innovations, but we never lose sight of those basic, fundamental teaching skills that have been the driving force of education since long before computers. This event celebrated effective teaching in all its many forms. This year’s competition incorporated all kinds of teaching aids to enhance content and engage students.
The competition was on the Thursday afternoon of the Conference. We had five presenters who had approximately ten minutes to make their presentations. The contestants and their topics were as follows: Cynthia Traina Donnes, Tulane University, Storyboards...Using Animation to Teach and Engage Students Kelly Rodgers, Hamline University, How to Win Your Next Argument: An Active Lesson in Public Speaking and Advocacy Chris Simcox, Bucks County Community College, The Car Wash Gone Bad ( Les- son on Contract Assignment and Delegation) Antoinette France-Harris, Clayton State University, Wills, Trusts, & Probate Ellen Boegel, St. Johns University, Dog Bite Liability
Contestants were judged based on the rubric created by Mary Kubichek, former Chair of the Traditional Teaching Competition, and by Tiffany Johnson and Ethel Badawi, our 2017 Con- ference Co-Chairs. Former Traditional Teaching Competition and Cyber Idol winners, along with a retired elementary school teacher served as the judges. Ellen Boegel was selected as the winner, but all of the presentations were extremely informative and helpful. Cynthia Traina Donnes was selected as the runner-up. Due to the steadfast support of Cengage Publishing, Ellen received a $500 cash prize, and Cynthia received $250.
The newly designed teaching competition was a great success, and the Board anticipates this will be the format for future conferences. We encourage all of our members to consider participating in this activity. It is much more of a sharing experience than a competition. All participants and attendees walked away with something new to take back to their class- rooms.
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Tiny bits of help on distance education and technology in any classroom AAfPE 2018 CAN’T GET THERE? TAKE A VIRTUAL FIELD TRIP! By Laura Alfano, J.D., M.Ed. Associate Vice President of Curriculum Design, Education Corporation of America, Birmingham, AL
Most of us are not lucky enough to be within traveling distance of our nation’s capital, and though we’d like to take our students to the U.S. Capitol or to visit the White House, it just isn’t possible. Or, maybe it is.
With digital advancements, virtual field trips are a good substitute for actually visiting some of our country’s most prominent legal sites. For example, https://www.aoc.gov/ multimedia-gallery/360-panoramic-views takes students to the U.S. Capitol, the House office buildings, the Library of Congress, the Senate office buildings, the Supreme Court, and the U.S. Botanic Garden.
The computer mouse allows you to view the scene. Students click and drag to move the image 360°. There is a small box of reading that explains where the student is. Hot spots give students more information. For example, there is a hot spot for each of the paintings in the Rotunda and one for the bust of Martin Luther King, Jr.
BYTES Send students to the National Statuary Hall or to the House Chamber. Let them spend time in the Thomas Jefferson Reading Room, the President’s Room, or the Capitol Crypt. Students can peruse the offices in the Cannon House, check out the Senate office buildings, and stroll through the U.S. Botanic Gardens. Vol. 9 Issue 2 Summer/Fall 2018 Just as with “on-site” field trips, students should be able to use the information they take away. Presentations, reviews of the web sites, or other assignments help to keep students focused.
Other virtual field trips can be found at: U.S. Capitol, Washington https://www.youtube.com/watch?v=mXEjPUPfeUY Video, YouTube, 6:41
Jefferson Memorial https://www.youtube.com/watch?v=Q9a5UMONbsI Video, YouTube, 6:25
Download the app to experience the White House on a dollar bill https://obamawhitehouse.archives.gov/blog/2016/11/30/how-see-white-house-dollar-bill Both IOS and Android apps are available. Back in the dark ages as law students, we were given an exercise to Shepardize case law: trudging through volumes of books to determine if cases were still “good law.”
1 THE LEGAL EDUCATOR FALL/WINTER 2018 61
ARTIFICIAL INTELLIGENCE?
AAfPE YES, PLEASE! By Halye Sugarman, Esq., Associate Professor, Legal Stud- ies Paralegal Studies Program Coordinator Middlesex Community College, Lowell Massachusetts
This legal career rite of passage was painstaking, and I recall feeling elated when later introduced to Lexis Nexis and Westlaw software – a system which today allows us to vali- date cases in just five seconds, plus easily sort results with the click of the button.
We have come far since then. Although holding a book is comforting, artificial intelligence -- “cognitive computing in the legal tech world” where “machines think like humans and per- form human tasks,” is exploding in the legal field. (http:// www.abajournal.com/magazine/article/ BYTES how_artificial_intelligence_is_transforming_the_legal_profession).
What began as software designed to assist with document review, legal artificial intelli- gence (“AI”) can now not only automate some simpler tasks, but also conduct legal re- Vol. 9 Issue 2 search and even predict litigation and conflict. In 2017, the national employment law firm Summer/Fall Seyfarth Shaw began contracting with software robots to perform some of the everyday 2018 tasks in the legal field, such as welcoming new clients to the firm. Using AI for client onboarding slashed the time devoted to this task from 35 minutes to four minutes. The firm also plans to use the software robots to extract client data and to analyze contracts. (http://www.abajournal.com/news/article/ seyfarth_signs_licensing_deal_with_software_robots_company_to_automate_mund)
Beyond that, AI can be used to help predict – and even prevent – litigation. NexLP, a Chicago-based company, uses predictive coding for this task. Their program greatly re- duces the time needed for e-discovery and document review because the program is searching for concepts as opposed to simple keywords. NexLP also operates Story En- gine, a program that combs through unstructured data to summarize conversations. The program can detect ideas discussed, how often individuals are communicating, and even the mood of the speakers. With this data, Story Engine builds models to analyze behav- ior and predict conflict or litigation. (http://www.abajournal.com/magazine/article/ how_artificial_intelligence_is_transforming_the_legal_profession). This is crucial in a world where 2.5 quintillion bytes of data are created each day and sifting through this data to conduct legal work to tell a client’s story is daunting.
A growing player in the field of legal AI, Ross Intelligence, uses IBM’s machine learning technology to conduct legal research for attorneys, by pulling passages of law and then allowing lawyers and paralegals to interact with them. Other companies, like Legal by Lex Machina, review public court documents using natural language processing to help predict how a judge will rule in a certain type of case. Last summer, the American Association of Law Libraries named CaseText’s legal research assistant, CARA (short for Case Analysis Research Assistant) New Product of the Year. CARA is a tool that
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62 FALL/WINTER 2018 THE LEGAL EDUCATOR 2 ARTIFICIAL INTELLIGENCE? YES, PLEASE! AAfPE (Continued from page two)
automatically finds cases relevant to your briefs and memoranda.
Does this mean we have automated ourselves out of our careers? Not at all. We transitioned from books and typewriters, and the legal profession must be open to change and em- brace it. As many tasks become au- tomated, we grow more efficient. Ross Intelligence estimates researchers have saved approximately a quarter of time using their system over traditional Boolean or natural language searches. Knowing how to use the technology, analyze results and communicate with attorneys and clients are the cornerstones of success in this new world.
BYTES POWERPOINT ADD-INS
By Laura Alfano, J.D., M.Ed, Associate Vice President of Curriculum Design, Education Corporation of America, Birmingham, AL Vol. 9 Issue 2 Summer/Fall 2018 Office Timeline 2010 (FREE) lets you create timelines, Gantt charts, organizational charts and other types of project planning tools from right inside PowerPoint. It is ridiculously sim- ple. You type in your information and, voila’, a chart is created.
When you launch PowerPoint after installing Office Timeline, it displays a tutorial slide show that walks you through the basics.
Podium is an add-in that provides a huge library of media elements (images, vector drawings, backgrounds, 3D clip are and shapes, and more. These elements are royal- ty free and most can actually be customized.
Pro Word Cloud (FREE) makes word cloud visuals so that your audience “gets it” fast.
Mind-O-Mapper ($2.99 to download) lets you create mindmaps right inside Pow- erPoint. This app won the inaugural app development contest for Microsoft Office and SharePoint 2013.
Go to http://www.skilledup.com/articles/30-best-add-ins-and-apps-for-microsoft- powerpoint/ for thirty of the best add-ins for PowerPoint. You’ll be surprised at what PowerPoint can do these days.
THE LEGAL EDUCATOR FALL/WINTER 2018 63
3 OPEN EDUCATION RE- AAfPE SOURCES IN THE LAW- RELATED COURSES By Sheryne Southard, Online Programs Coordinator & Professor of Legal Studies, Clayton State University, Morrow, Georgia
The use of Open Education Resources (OER) is a strategy that can be employed to improve stu- dent success in a paralegal or legal studies pro- gram. OER textbooks have been funded, pub- lished, and licensed to be freely used, adapted, and distributed. There are many reputable text- books that have been reviewed by faculty from a variety of colleges and universities to assess their quality. Research shows that the use of these materials can positively impact student performance. A recent large scale study, which involved 21,822 students enrolled in classes from 2010 to 2016, compared the final grades of students that used a com- mercial textbook costing $100 or more to those that switched to a free digital text- book. The results showed that the use of the free resource increased the number of
BYTES students that earned an A or A- (5.5% and 7.73% respectively). Conversely, it showed that the number of students that withdrew or earned a D or F decreased (2.68%).
The rationale is that students are sometimes unable to purchase textbooks in a time- ly fashion or not able to purchase them at all due to the high costs, lack of funding, and or delays/issues with financial aid. These students are unable to complete the initial assignments as they have not yet purchased the book. Some even forgo pur- chasing the textbook, due to the cost, which can prevent them from successfully completing a course and increase their time to degree completion. In a 2014 study, 65% of the students indicated that they had decided against buying a textbook be- Vol. 9 Issue 2 cause it was too expensive. Summer/Fall 2018 Students in a Legal Environment of Business class that switched to an OER textbook responded favorably to the textbook adoption. The students were queried about their amenability to the OER textbook and 93% strongly agreed or agreed, and 7% were neutral. When surveyed about whether the OER book selected for the course was sufficient for their needs to successfully complete the course, the results were ex- tremely positive. A total of 97% strongly agreed or agreed and 3% were neutral. The following quotes are representative of the students’ sentiments:
“I wish every class would use free text books. It is stressful paying so much money out of pocket for some books that you have to pay 300 dollars. I try to rent books every chance possible because it is cheaper. Thank you for using the free text book option.” “I had a better outcome without a textbook hardcopy.” “I really appreciate the free text book because I'm a non-traditional student who pays out-of-pocket for all of my courses that I take.” This course is much better with the text book being online because most of our research is online so it came with ease plus being free was a bonus.
The Open Textbook Library (open.umn.edu) is one provider of open access
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64 FALL/WINTER 2018 THE LEGAL EDUCATOR 4 AAfPE OPEN EDUCATION RESOURCES IN THE LAW- RELATED COURSES
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resources. Several of the titles in the legal discipline are Bankruptcy Law, Civil Procedure, Contract Law. Another reputable resource is ORE Commons (www.oercommons.org) and several of the law-related titles published in this resource covers subjects such as Business Law and Intellectual Property.
Several considerations should be made before making this type of textbook adoption. First, student perfor- mance and satisfaction must be evaluated for students before and after the change in the textbook. Secondly, the adopters must consider a sustainability plan to ensure the resource is current. Use of an open access textbook that is regularly reviewed and updated is important, as well as periodically monitoring and assessing materials and the student outcomes. If proper considerations are made, the use of OER can positively impact student performance, retention and success. In 2001, E-Discovery was not a tool that most lawyers, let alone paralegals, had heard BYTES E-DISCOVERY: BREAKING DOWN THE BASICS By Connica Lemond, JD, Online Instructor, South University, Savannah
of. In 2006, all of that changed. The Federal Rules of Civil Procedure were amended in 2006 to include Rules 16, 26, 33, 34, 37, and 45; all rules Vol. 9 Issue 2 relating to the preservation of and exchange of Summer/Fall electronic discovery. Prior to 2006, the Rules relat- 2018 ed to the preservation of evidence mainly dealt with mounds of paper and physical, tangible files. After 2006, preservation meant the mirroring of hard drives, the preservation of sim cards and memory cards, and even telephone logs on a Voice Over IP (VOIP) phone. In other words, in today’s world, ESI is not the wave of the future, but rather the norm. ESI, or Electroni- cally Stored Information, is the data (documents, spreadsheets, databases) that are stored in their native files (Word Documents, Excel Sheets, Access Databases) which end up being produced in those native formats.
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AAfPE Alternative Delivery and Technology Committee Members Halye Sugarman, Chair, Loretta Calvert, Susan Jaworowski, Doris Rachles and Sheryne Southard
5 THE LEGAL EDUCATOR FALL/WINTER 2018 65 AAfPE E-DISCOVERY: BREAKING DOWN THE BASICS
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Although the E-Discovery rules have been around for a long time, not all attorneys understand the scope of the rules, and paralegals are often tasked with ensuring that the E-Discovery is produced appropriately. One of the most common mistakes re- garding E-Discovery is the fundamental misunderstanding of what e-discovery is used for. E-discovery is not about the information that is plain on the face of the document; rather, e-discovery is about mining for the metadata that is embedded within the data in the document. The mining of this information can show the other side not only who created the document, but also what version of the document is being previewed, the prior viewers of the document, etc. As this information in discovery is often essential, the federal rules require that ESI is discussed by the parties in the Rule 16 conference prior to entering a proposed Joint Discovery Order in a case. This conference should
BYTES discuss the custodian of files, the time period for the discovery requests, limitations of the parties’ e-discovery tools, definitions of terms in the e-discovery protocol, and fi- nally, “key word” searches to help the parties narrow discovery.
Vol. 9 Issue 2 The scope of the ESI that will be accessed and exchanged in a case is then reduced Summer/Fall to an ESI protocol which sets not only the definitions and locations that ESI will be 2018 searched, but it also defines the metadata that must be retrieved as part of the ex- change. Often, the ESI protocol will require that metadata fields are produced in a report regarding the e-discovery. These fields are from the OLE (object linking and embedding storage) files that exist within the documents.
So here is the million-dollar question: how do you produce this information? Well, I can tell you that you can’t just open up an Excel sheet and enter it in manually. Ra- ther, e-discovery requires the use of e-discovery tools. This is software, often web- based, that provides the lawyer and paralegal the ability to view the discovery in the native format. However, in order to view these documents in the native format, the documents themselves must be extracted from the computers, servers, and even jump drives of the machines for each custodian of these records. That means that someone must collect the electronic hardware of each person who has worked on the subject matter of the litigation and “pull” the information in the e-discovery tool. That step requires some pre-planning and a good litigation hold letter that informs the other side that they must preserve each computer, phone, server, etc. for discovery purpos- es until the case is over.
Once the data is collected into the e-discovery tool, then the paralegal and lawyer get to work looking for relevant documents. Unlike paper documents where you must flip each page and mark as relevant, in the e-discovery tool you “tag” the document (and all attachments) corresponding to a pre-defined set of parameters (such as discovery request number, privileged document, etc.). Here is an example: let’s say you got a discovery request asking for all information pertaining to the physical condition of the floor where an accident occurred. You might want to begin by a search of the email server that contains the word “floor.” This will probably have a lot of results, especially
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Vol. 9 Issue 2 Summer/Fall 2018
if your client is a flooring company. That is when you narrow your results using the “key words” that you developed in the e-discovery protocol. Based on those results, you will tag each email that is responsive to each discovery request (I create tags based on the request number). You can also tag emails as privileged for your privilege log.
Once you have finished tagging all of the documents, you must produce them, in their native version, and provide a “log” of the data. Most e-discovery software makes this part of the discovery process easy; the software Bates numbers the documents, can help you make redacts, and then export the materials into a single file to produce to opposing counsel. The software can also provide you with the export log that shows all of the metadata headers that are agreed to as part of the e-discovery protocol. Remember: the OLE file that is con- tained with each native file will produce the information about who accessed the file, how long the file was opened, etc. Therefore, it is key that when you produce ESI that you not remove, edit, or destroy OLE files.
Sometimes, the volume of ESI is just too much for a party to handle. If the parties do not have the resources to produce things natively, you must move to get a protective order for the volume of ESI and show that the request is not proportional to the needs of the case, but that is a high hurdle. Moreover, many courts allow e-discovery to continue by requiring the party seeking the discovery to pay for an e-discovery service to collect this information and help prepare it for exporting; in other words, there is really no excuse not to produce things natively.
Although e-discovery can be tedious, and sometimes very time consuming, it is now the norm in litigation. As such, becoming familiar with e-discovery tools is an necessary as learning how to draft a document or use a cell phone; as far as litigation goes, e-discovery is just basic.
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7 222 S Westmonte Drive, Suite 111 Altamonte Springs FL 32714 Address Service Requested
AAfPE Board of Directors Terms of Office End as Noted
OFFICERS Treasurer Director, North Central Region Director, Southeast Region Susan Atlas (2020) Gayle E. Miller, J.D. (2020) William McSorley (2018) President Professor and Chair of the Department of Professor Paralegal Program Director Kye Haymore (2019) Paralegal and Legal Studies College of Lake County Midlands Technical College Assistant Professor of Paralegal Studies Bunker Hill Community College 19351 West Washington Street, Office Post Office Box 2408 Georgia Piedmont Technical College 250 New Rutherford Ave. T 207 Columbia, SC 29202 8100 Bob Williams Pkwy Boston, MA 02129 Grayslake, IL 60030-1198 Phone: (803) 822-3620 Covington, GA 30014 Phone: (617) 228-3211 Phone: (847) 543-2517 Email: [email protected] Phone: (404) 297-9522 Email: [email protected] Email: [email protected] Email:[email protected] AAfPE Headquarters Director, Northeast Region Tonya Wade, Executive Director President-Elect DIRECTORS Judith Mathers Maloney (2020) 222 S. Westmonte Drive, Suite 111 Wm. Bruce Davis (2020) Director, Associate Programs Director, Legal Studies/Paralegal Studies Altamonte Springs, FL 32714 Professor of Legal Studies Molloy College Office: 407-774-7880 University of Cincinnati - Clermont College Debra Geiger (2018) Department Head 1000 Hempstead Ave. Email: [email protected] 4200 Clermont College Dr. Rockville Centre, NY 11571-5002 Batavia, OH 45103 Savannah Technical College 5717 White Bluff Rd. Phone: (516) 323-3812 Phone: (513) 732-5305 Email: [email protected] Email: [email protected] Savannah, GA 31405 Phone: (912) 443-5715 Email: [email protected] Director, Pacific Region Immediate Past President Dwight Dickerson (2018) Julia Dunlap (2018) Director, Baccalaureate Programs Director of Paralegal Studies Director of Legal Education California State University -East Bay University of California - San Diego Mary Flaherty (2018) Director, Applied Legal Studies Program 28500 Carolos Bee Blvd. Extension Hayward, CA 94542 8950 Villa La Jolla Dr., Ste. 201C Suffolk University 73 Tremont St., 10th Fl. Phone: (510) 885-2311 La Jolla, CA 92037 Email: [email protected] Phone: (858) 534-8164 Boston, MA 02108 Email: [email protected] Phone: (617) 308-1958 Email: [email protected] Director, South Central Region Michael Speck, J.D. (2019) Secretary Director, Certificates Programs Assistant Professor Lisa Hutton (2020) Tulsa Community College Metro Campus Director, Legal Studies Program Carolyn Bekhor (2020) Assistant Professor of Legal Studies 909 South Boston, MCAC G30 John F. Kennedy University Tulsa, OK 74119 100 Ellinwood Way University of La Verne 1950 Third St. Phone: (918) 595-7317 Pleasant Hill, CA 94523 Email: [email protected] Phone: (925) 969-3492 La Verne, CA 91750 Email: [email protected] Phone: (909) 448-4410 Email: [email protected]
MISSION: To provide greater access to legal services by promoting quality paralegal and legal studies education.