THE CITY BAR JUSTICE CENTER’S EXPERIENCE WITH

MASS LEGAL CLINICS

NY’s 50 Hour Rule – Bookending to Leverage Supervision of Law Grads and Attorneys Seeking

Employment

Lynn Kelly

lkelly@nycbar.org

© 2013 City Bar Justice Center. Our reuse policy is available on www.citybarjusticecenter.org

Problem

For recent law graduates who didn’t finish pro bono 50 hour requirement in law school and who don’t have jobs with law firms with pro bono programs are there innovative developments in pro bono at the City Bar and other bar associations that can assist them in meeting this requirement?

Answer

Yes. The mass clinic model holds potential to both satisfy the 50 hour rule for large numbers of law graduates and provide legal services to the underserved. © City Bar Justice Center

How do we get there?

Three existing examples at the City Bar Justice Center

DACA Clinics Consumer Bankruptcy Clinics VCF Clinics

DACA: Deferred Action for Childhood Arrivals

© City Bar Justice Center

DACA: Deferred Action for Childhood Arrivals

Key Features

Bookended with Supervision by experts on way into Clinic and the way out

Volunteers must take training in person or online

Narrow Area of the Law but expert on front end screens for other forms of relief

DACA: Deferred Action for Childhood Arrivals

Key Features

Volunteer who could be a law grad conducts interview and fills out application

Expert on the back end makes sure nothing was missed and papers filledout properly

Consumer Bankruptcy

© City Bar Justice Center

Consumer Bankruptcy

Key Features

Volunteers must take training in-personNarrow area of the LawClients closely screened for the clinics by

experts1:5 ratio of expert to volunteers

Consumer Bankruptcy

Key Features

Volunteer who could be a law grad conducts interview and fills out application

Expert on the back end makes sure nothing was missed and papers filled out properly

CBJC submits electronically

Reopened Victims Compensation Fund (VCF)

Key Features

Cases are screened for basic eligibility for Clinic by the VCF

CBJC held in-person training and training is posted online

Expert is available to answer all questions at the clinic at the Complex Issues Table

Reopened Victims Compensation Fund (VCF)

Key Features

Two Law Firms with Experience in Mass Torts handle the complex issues at each clinic

Application is so long that cannot be individually reviewed

Reopened Victims Compensation Fund (VCF)

Key Features

Law student spring break clinics with expert backup helped claimants fill out the forms online which was an obstacle to some of the claimants even when likely to be eligible.

Medical evidence is at an authorized provider so easier proof issues on which law students and law grads could be trained.

Reopened Victims Compensation Fund (VCF)

© City Bar Justice Center

Obstacles

Online training doesn’t seem to be as effective as in-person and neither as effective as watching someone work through a case with a client – consider developing a short test of knowledge at end of the module and a watch one, do one, help someone else do one model.

Obstacles

Most efficient for the provider to have returning volunteers. Consider a commitment beyond the 50 hours for the more popular programs.

Obstacles

Malpractice insurance. This pool is not covered by any of their own malpractice insurance. All would need to be part of a bar association sponsored program requiring the program to screen all of the cases handled.

Obstacles

Supervision. This pool requires more supervision than experienced lawyers. That need can be reduced by law school preparing on things like basic client interviewing and issue spotting skills and professionalism (dressing professionally, not calling client by first name etc.)

Should there be specific training for the supervisors?

In DACA clinics City Bar Justice Center uses AILA experts to screen and sign off on the applications and do little hands-on in the middle of the interviews other than answering questions. Consumer Bankruptcy low supervisor ratio means supervisor can roam the room and assist with immediate issues and observe any major concerns.

Possible Solutions

Segmenting the volunteer pool and matching law grads with admitted attorneys for interviews even with experts bookending the event. Experienced lawyers operating outside of their expertise will be most helpful on professionalism and creative problem-solving and not on providing the substantive supervision on the issue.

Possible Solutions

Increase administrative support for these clinics to move to larger size and more finely matched skill sets – expert screening and backup, interviewing and filling out forms for relief, answering questions and trouble shooting, expert review at the end of the process.