Criminal Representation Clinic
Clinic Information | Prerequisites | Course Requirements | Time and Credits | Benefits
Clinic Information
This clinic offers an intense experience for students interested in exploring the criminal justice process. Students represent low income clients with a wide range of legal needs. Representative cases include misdemeanor state statute violations such as DUI/DWAI, assault, theft, child abuse, and a wide range of domestic violence related charges . Students also handle municipal ordinance violations which are similar in nature to state charges, but do not include DUI or DWAI. Students appear in court at arraignment, pre-trial conferences, pre and post trial motions hearings, trials to the court or a jury, and sentencing hearings.
As participants in the Criminal Representation Clinic, students learn and apply lawyering skills such as interviewing and counseling, fact investigation, basic research and writing, oral advocacy, negotiation, drafting, and legal analysis. The students prepare extensively for client meetings, negotiations, and court appearances. Lawyering skills are taught in a framework of ethics and values. Students are introduced to the complex ethical dilemmas that defense attorneys face while working in the criminal justice system and learn problem solving methods to use in addressing and resolving ethical issues. The clinic also offers students an opportunity to think about the underpinnings of the criminal justice system and the impact of larger societal ills, which may play a part in our client’s journey through that system.
Assistant Clinical Professor Wadine Gehrke and Professor Howard Rosenberg will supervise.
Prerequisites
Evidence and Legal Profession are pre- or co-requisites. A background in public interest law is not necessary but is desirable. Criminal Procedure, and/or Trial Practice and Evidence Practicum classes are helpful, but not required.
Course Requirements
Basic Criminal representation students will meet twice weekly for class. In addition, students will be required to attend a two-day orientation prior to the first day of classes. The orientation will include intensive training in lawyering skills, ethics, and SLO procedures. The class will meet weekly thereafter on Monday and Wednesday from 1:15 pm to 2:30 pm. Because ethical considerations require that all supervisors must have assurance of your competence and familiarity with the office before assigning any cases to you, attendance at orientation is mandatory.
As student attorneys, you will be required to abide by the professional responsibility rules that govern all practicing lawyers. Given the intensive time commitment of the clinic and the potential for ethical conflicts of interest, students in the Basic Criminal Representation Clinic are not allowed to participate in a clinic and an internship simultaneously. If you are employed (particularly in a legal environment) while enrolled in the clinic, you will be required to disclose the name of your employer and will need to take appropriate steps to insure that there are no conflicts of interest between your employer and the clinic.
Time & Credits
The Criminal Representation class is a substantial commitment. Students who enroll in the fall or spring semester will earn 6 credits and should expect to represent approximately 8-10 clients. Cases may carry over to the following semesters and students will still be responsible for them; however, no additional credit hours will be given. Also, students do not receive their final grade until all of their cases are transferred, closed or the student graduates.
Benefits
Students will have the opportunity to integrate legal theory, doctrine, and practice in the context of real client representation involving criminal controversies. As is true in the other SLO experiences, you will be taught the basic lawyering skills, such as: developing and maintaining client relationships, interviewing and counseling clients, fact investigation, basic research and writing, oral advocacy, drafting, legal analysis, issue-spotting, and examination of ethical considerations in client representation. In addition, you will participate in a pro bono activity that benefits the community as a whole. The SLO offers students more than just exposure to a branch of law in preparation for a legal career; it is an opportunity to be a lawyer and work within a law firm under the guidance of experienced attorneys.
*As student attorneys, you will be required to abide by the professional responsibility rules that govern all practicing lawyers. Given the intensive time commitment of the clinic and the potential for ethical conflicts of interest, students in the Basic Criminal Representation Clinic are not allowed to participate in a clinic and an internship simultaneously. If you are employed (particularly in a legal environment) while enrolled in the clinic, you will be required to disclose the name of your employer and will need to take appropriate steps to insure that there are no conflicts of interest between your employer and the clinic.*
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