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MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

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Page 1: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

MARQUETTE UNIVERSITY LAW

SCHOOLPRO BONO LEGAL

CLINICS

STUDENT ORIENTATION

Marquette: Be The Difference

Page 2: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Pro Bono Legal Clinics at MULSThis training applies to the following three pro bono opportunities at the Law School

Marquette Volunteer Legal Clinic (MVLC) Marquette Legal Initiative for Nonprofit

Corporations (M-LINC) Legal and Medical Partnership for Families

(LAMP)

Page 3: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Clinic Model & Overview

Legal Information & Referral Services Provided by Volunteer Attorneys Assisted by Marquette Law Students Typically 2 hour shifts, approximately 1x

per month Opportunities to substitute for others Clinics operating 5 days per week at 6

locations

Page 4: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

MVLC Mission and History

Mission To serve the Milwaukee community in Marquette

Law School’s Jesuit tradition by increasing access to justice and assisting unrepresented persons, while providing learning and mentoring opportunities for law students.

History Student-driven project operating since 2002 Largest MU Law School outreach Operating at the House of Peace since 2003;

Spanish Center Hillview site since 2008; VA and Milwaukee Justice Center since 2009

Provided services to Hurricane evacuees relocated to Milwaukee in 2005

Provided services at Project Homeless Connect in 2010

Page 5: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

M-LINC Mission and History

Mission To help provide Wisconsin 501(c)(3) nonprofit

organizations with access to free legal advice, while providing learning and mentoring opportunities for law students.

History Project operating since 2008 Weekly clinics at MULS Overseen by MULS staff (Attorney Karin Werner) Over 800 questions answered for nonprofits in three

years Generally transactional legal issues (i.e., corporate, tax,

employment, intellectual property, and employment law questions)

Page 6: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

LAMP Mission and History

Mission Provide collaboration between clinicians and

lawyers to ensure that the basic needs of families are met. Improve the future health and well-being for low-income children in the City of Milwaukee.

History In 2009, MULS partnered with Children’s Hospital of

Wisconsin, the Medical College of Wisconsin and Quarles & Bradyn LLP. A systematic advocacy model was designed to allow physicians to work beside lawyers to “treat” the social determinants that exacerbate health problems for children and families.

Page 7: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

*Hillview

1615 S. 22nd St.

Wednesdays 5–7 p.m.

MVLC Hours & Locations*House of Peace 1702 W. Walnut St. Tuesdays 3-7 p.m.

Milwaukee County VA Services6419 W. Greenfield Ave1st & 3rd Mondays 4-6 p.m.

*Free Shuttle Service available to House of Peace

and Hillview locations.

Pickups at the Law School occur 15 minutes before and after the

start of each shift; will accommodate students with

classes ending at same time as shift starts

Milwaukee Justice Center901 N. 9th St. Jury Management

Room

Fridays 2-4 p.m.

Page 8: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

M-LINC and LAMP Locations

M-LINC Wednesdays from 12:00 to 1:45

p.m. and 1:45 to 3:30 p.m. MULS Eisenberg Suite, Office

138D LAMP

Wednesdays from 2:00 to 5:00 p.m., two students work together

Downtown Health Clinic at 1020 N. 12th Street (12th and State), just 4 blocks from the law school.

Page 9: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Expectations

What you can expect from us: Attorney supervision and guidance at all sites A schedule that matches your availability Transportation to MVLC’s House of Peace and Hillview

sites On-site legal research resources

What we expect from you: Keep track of your shifts and arrive on time If you know you will not be able to work – find a

substitute Familiarize yourself with the resources available Dress appropriately (business casual)

Page 10: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Why Pro Bono?

• The childhood poverty rate in Milwaukee is the fourth highest in the nation.• Although income is not considered for eligibility for MULS pro bono

services, most clients are of very modest means.• Two-thirds of MVLC clients report income of less than $1500 and all LAMP

clients qualify for public benefits.• Up to 80% of poor Wisconsin households that confront a legal need do so

without legal assistance.

Page 11: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Professional Ethics Obligations

Wisconsin Supreme Court Rules of Professional Responsibility apply.

Key rules:Competency & the Unauthorized Practice of Law

ConfidentialityConflicts of Interest

Page 12: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Competency

Our work requires "legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." SCR 20:1.1

Law students must never provide legal advice This would constitute the unauthorized

practice of law Law students’ role is to support the attorney’s

ability to provide competent legal advice with: Research of relevant substantive legal questions Resources that are available at the Clinic, and Referrals to other agencies

(www.legalhelpmilwaukee.org).

Page 13: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Confidentiality

All information relating to your interview with a client is confidential.

Do not disclose clients’ names or personal information to anyone outside of the Clinic.

Do not discuss clients' stories or situations outside the Clinic.

Do not remove interview notes from the Clinic.

Avoid being overheard either during the client interview or in the clinic office.

Page 14: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Conflicts of Interest

If a client's problem involves an entity that you have worked with outside of the Clinic, advise the attorney and excuse yourself from that interview.

SCR 20:6.5 Nonprofit and court-annexed limited legal services programs special rules A lawyer volunteering for

a short-term limited legal services program sponsored by an accredited law school without expectation of ongoing representation

Is NOT subject to the usual rules of conflict of interest UNLESS they have ACTUAL KNOWLEDGE of a conflict.

Students only check for FREQUENCY of client visits, NOT conflict of interests.

Page 15: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Professionalism

We should treat all clients with professionalism and advocate on their behalf. To do so:

Be attentive to clients Avoid legalese Respect clients’ viewpoints, even

those with which you don’t sympathize

Be respectful of clients’ personal situations and cultures

Page 16: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Professionalism (continued)

Listen carefully to clients' stories to understand their goals

Empathize with clients to develop trust and rapport

Ask any questions necessary to clarify or better understand the facts underlying clients’ problems or disputes.

Page 17: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Appropriate Dress-What is “Business Casual?”

This

Not that

Page 18: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Role of law students

Prepare for interview Provide Explanation of Clinic

Services Assist attorney in the interview

process Provide research & resources Maintain pertinent records for site Conduct administrative duties –

check with coordinator

Page 19: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Resources- Research Materials

State Bar of Wisconsin Books Attorneys Desk Reference Judicial Benchbooks Employment & Workers Compensation Family & Guardian Ad Litem

Handbook Wisconsin Nonprofit Handbook Statute of Limitations Guidebook

Wisconsin Statutes Wisconsin Civil Procedures Forms Wisconsin & Federal Court Rules

Legal Action of Wisconsin Legal Guides Family Law Foster Care Elder Law Social Security & SSI Unemployment Housing & Landlord Tenant

Available online to registered users at www.wisbar.org (click on “Legal Research.” and then “Books Unbound”)

All law students can access for free by registering as Law Student Associates with the State Bar.

All students must register prior to

participation

Page 20: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Resources – Top Ten Lists

Top 10 Resources and Referrals Powerpoint

Page 21: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Computer desktop

Page 22: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Begin MVLC specific information

The following slides apply only to the Marquette Volunteer Legal Clinic program.

LAMP and M-LINC volunteers will now attend break-out sessions to provide information for their sites.

Page 23: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Getting Started at the MVLC

Sign-in and Record date & hours for Pro Bono Wear a name tag (first name only) Pair up with an attorney with whom you will be

working (up to 2 students per group) and make introductions

Gather a new complete “file” for each interview Go to waiting area for next client. Gather their

intake sheet, introduce yourself, escort the client to an interview room/table, and introduce attorney.

Do not discuss legal issues unless attorney is present

Page 24: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Interview Process Review Intake Sheet Explain “Explanation of Clinic Services” document and have

client sign the intake sheet Determine if there is an opposing party and conduct conflicts

check (at House of Peace & Hillview) Check for frequency – if there are any frequency problems or

client is told not to return NOTE this in the space provided. Have attorney review for screening questions Take notes Follow-up with questions to clarify facts or story Assist attorney with research & referral information Prepare Recommendations Sheet for client (write legibly) Provide Satisfaction Survey to client – include date/volunteer

names at top Complete intake sheet information – ask Clinic Facilitator to check

for completeness before submitting for data entry.

Page 25: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Explanation of Services – Important Points to Explain to

Client•The Marquette Volunteer Legal Clinic is an information and referral service staffed by students like myself and volunteer attorneys

•We will try to answer your question, provide a referral or suggest a strategy for dealing with your situation

•We are unable to take ongoing cases or represent you in court

•Our help is limited to our meeting with you today

•All matters we discuss will be kept confidential

Page 26: MARQUETTE UNIVERSITY LAW SCHOOL PRO BONO LEGAL CLINICS STUDENT ORIENTATION Marquette: Be The Difference

Conclusion

THANK YOU for your willingness to Serve!!!

Do not worry about “knowing enough” on your first day:

-the MVLC allowed me to feel successful for the first time in law school. The classroom was not a place where I was feeling confident, but I did find that at the clinic! (Thanks!!!)

--MVLC Student Volunteer