Transcript Marquette Volunteer Legal Clinic: Attorney Training Manual

At the Marquette Volunteer Legal Clinic,
volunteer attorneys and Marquette law students serve the
Milwaukee community by providing pro bono legal
information and referral services to individuals in need
of legal assistance, while providing law students with
the opportunity to enhance their classroom learning,
observe practicing attorneys, and be mentored.
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History
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Founded by Marquette law students & alumni in 2002
Largest MULS outreach project
Services at 4 locations
 House of Peace since 2003
 Hillview campus of Center for Spanish Speaking since 2008
 VA Campus since 2009
 Milwaukee Justice Center at Milwaukee Courthouse since 2009
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Provided services to Hurricane evacuees relocated to
Milwaukee in 2005
Provided services at Project Homeless Connect in 2010
Received Awards from AWL, MBA & EDWisBA
House of Peace
1702 W. Walnut St.
Tuesdays 3-7 p.m.
Hillview
1615 S. 22nd St.
Wednesdays 5–7 p.m.
Milwaukee County VA Services
6419 W. Greenfield Ave
1st & 3rd Mondays 4-6 p.m.
Milwaukee Justice Center
901 N. 9th St. Jury Management Room
Thursdays & Fridays 2-4 p.m.
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Lori Zahorodny, Program Assistant
 Email: [email protected]
 Phone: 414.288.7970
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Julie Darnieder, Director of MVLC
 Email: [email protected]
 Phone: 414.964.4928
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Angela Schultz, Pro Bono Coordinator, Marquette Law School
 Email: [email protected]
 414.288.6823
Results
◦ Over 10,000persons served
◦ 99% Participant Satisfaction
◦ (per client surveys in 2010-2011)
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Attorney-Client Relationship is created
Rules allow attorneys to provide limited legal
services in this type of clinic setting
SCR 20:6.5 Nonprofit and court-annexed limited legal
services programs
(a) A lawyer who, under the auspices of a program
sponsored by a nonprofit organization, a bar association, an
accredited law school, or a court, provides short-term limited
legal services to a client without expectation by either the
lawyer or the client that the lawyer will provide continuing
representation in the matter:
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(1) is subject to SCR 20:1.7 and SCR 20:1.9(a) only if the
lawyer knows that the representation of the client involves a
conflict of interest; and
(2) is subject to SCR 20:1.10 only if the lawyer knows
that another lawyer associated with the lawyer in a law firm
is disqualified by SCR 20:1.7 or SCR 20:1.9(a) with respect
to the matter.
(b) Except as provided in par. (a)(2), SCR 20:1.10 is
inapplicable to a representation governed by this rule.
Volunteer Support
• Marquette University provides
professional liability insurance for Clinic
attorneys.
• Monthly free CLE “Brown Bag”
presentations cover areas most frequently
seen at the Clinic, such as family law
issues, landlord-tenant, employment
issues. You may attend in person at the
law school or view it live on the web.
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Treat all persons with professionalism,
respect and dignity. Attorney-Client
relationship is created.
Key assumptions
Competency
 Courtesy
 Confidentiality
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Take time to familiarize yourself with the fliers and
pamphlets, information resources and legal materials
located at the clinic.
a.
Website legalhelpmilwaukee.org available for referral
information. Organized by topic and agency.
Lists free and low-cost legal services in Milwaukee.
b.
Because the Marquette Volunteer Legal Clinic is a legal
referral service these resources and contacts can help clients
find legal representation if needed.
b.
Pamphlets can provide clients with basic background
information about their legal topic or issue.
*See Addendum A
◦ State Bar of Wisconsin Resource Books
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Attorneys Desk Reference
Judicial Benchbooks (full set)
Employment & Workers Compensation
Family & Guardian Ad Litem Handbook
Advising Older Clients
Statute of Limitations Guidebook
◦ Wisconsin Statutes
◦ Wisconsin Civil Procedures Forms
◦ Wisconsin & Federal Court Rules
*See Addendum B
◦ Legal Action of Wisconsin Legal Guides
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Family Law
Foster Care
Elder Law
Social Security & SSI
Unemployment
Housing & Landlord Tenant
*See Addendum B
◦ LOISLAW
◦ Books Unbound (State Bar practice series)
◦ Westlaw – students may access
◦ CCAP – Wisconsin Circuit Court Access
(http://wcca.wicourts.gov/index.xsl)
◦ Wisconsin State Law Library (Legal & Agency Forms)
◦ Wisconsin Courts (www.wicourts.gov) (Court Forms)
◦ Marquette/UW Law Library (law.marquette.edu)
◦ www.legalexplorer.com (State Bar of WI site)
◦ www.badgerlaw.net (Legal Action – legal guides)
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See “MVLC Resource” file on desktop
Contains common forms (wills, lists of credit
counseling agencies, health care poa’s etc.).
You may want to check these before drafting
your own form or letter.
Family Law & Small Claims forms & guides
are available at Milwaukee Justice website.
Selecting Law Students:
Law Students are not assigned any particular order
in which to volunteer and it is their responsibility to take
turns participating in client interviews.
i.
Attorneys are not obligated to select different
students for each client interview and can continue
working with the same student/s throughout the
night
ii.
If student volunteers feel they are not getting ample
time with clients it is their responsibility to
substitute with a student who has already had a
chance to participate.
iii. The students know this and are instructed as such
during their training.
One of the law students should proceed to the waiting
area, identify the next client to be served, introduce
themselves and accompany them from the waiting
area to the Clinic area.
Please note that a check will have been made to ensure
that the client has not been seen before on the same
issue, or is authorized, per clinic policy, to be seen
again.
The law student that accompanied the client should
proceed to make additional introductions. If for some
reason he or she does not, please take a moment to
introduce yourself to the client.
Introductions should be on a first-name basis only,
and identify the individual as an attorney or a student.
After introductions, the interview can begin.
The law student does the majority of the work during
the opening stage of the interview:
i.
ii.
The law student will review the Intake Form and
make sure that all information has been provided
The student will review the Explanation of Clinic
Services with the client, explaining the role of the
Clinic and what the Clinic can and cannot help the
client accomplish.
Conflicts of Interest
• While it is not Clinic policy to check all clients for
conflicts, there may still exist conflicts known to
the attorney, or personal to the attorney or
student.
• If a conflict exists, consult with the clinic
supervisor to reassign client to another attorney
and/or student, if possible.
Interview Structure
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You have full discretion to guide the interview as you see fit .
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Most interviews open like any legal interview, with the client
giving his version of the legal problem or issue.
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Attorneys usually listen, ask questions to develop a complete
understanding of the legal issue, and do their best to provide
the client with the basic steps he needs to take to begin
addressing his problem.
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Students are encouraged to participate, asking questions of
their own to help develop the facts. You may wish to help the
student develop interviewing skills by allowing them to guide
the interview and supplementing questions as necessary.
Expectations
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Some of the Clinic’s clients may not have a legal problem, but may
need help filling out paperwork or locating a specific resource.
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There is never any requirement or guarantee that we will be able to
solve a client’s problem.
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The Clinic is staffed with volunteer attorneys with a variety of legal
backgrounds. Thus, it is likely you will eventually be faced with a
legal issue with which you are unfamiliar.
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Do your best to give the client helpful advice and referrals. Use the
Clinic’s legal resources and referral information to direct the client to
an agency that can better assist him or her.
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When appropriate consult with Clinic supervisor who can identify
attorneys with expertise in the particular area and have agreed to
consult when needed.
The Role of the Law Student & Attorney
a.
Interviewing
b.
Legal Research
Law students are available to conduct research for you
either online or through the Clinic’s resources to locate
specific contact references, court rules, legal holdings,
etc. that you feel would be helpful in addressing the
client’s problem.
c.
Legal Knowledge
d.
Notes & Recommendations
Attorneys are also welcome but not required to draw
on the student’s legal knowledge that he or she may
have gained from their classroom or internship
experiences.
During the interview students should take notes on the
client’s story and any referral advice that is given by the
attorney.
i.
Attorneys may also want to take their own notes so that no
information or advice is overlooked
ii. Once the interview ends, the law student should complete
the recommendations form for the client to take with them,
outlining the recommended steps.
At the end of the interview the law student will:
1)
Provide the client a copy of the legal recommendations and
referral information recorded during the interview; review it with
them to be certain that it is understood.
2)
Hand the client a self-addressed, postage paid envelope and
survey form for the client to take with her, fill out at her leisure
and mail back to us.
It is the student’s job to accompany the client out of the Clinic and to
the exit once the interview is finished.
At this point, the attorney’s job with respect to that client is complete
and the law students are responsible for completing and filing the
necessary paperwork and for entering the demographic data collected
on the ‘intake form.’
Any notes or documents not retained for possible future visits should
be shredded. A shredder is available in the main office.
After the interview it is your choice as to whether you
want to take a short break or begin the next interview.
We encourage you to briefly discuss the preceding
interview with the law student(s) before
proceeding to the next interview.
You are not required to do this, but it can be
rewarding for both the law student and the
attorney. It is a valuable learning tool for the law
student and is the most frequent request on our end
of year student surveys.
The House of Peace and the Spanish Center are located in
Milwaukee’s central city with a high rate of crime.
Following basic safety measures is in the best interests of
all Legal Clinic volunteers.
 No student or attorney should ever have to lock up or
leave the Legal Clinic by themselves. Please make sure
that no one is left behind. All volunteers should take
responsibility to make sure everyone gets to their car
safely.
 A shuttle service is provided for students for both
locations. Students are encouraged to ride the shuttle and
never walk or drive their own vehicle.
 Those waiting for a ride should not wait alone.
 A security guard is present at both locations and will
accompany any volunteer to their vehicle upon request.
The Marquette Volunteer Legal Clinic ("Clinic") is a legal information and referral center staffed by
volunteer Marquette University law students working with and supervised by volunteer members of the
Wisconsin Bar. Our purpose is to provide you with basic legal information and appropriate referrals if
more extensive services are needed. The Clinic cannot accept your case or represent you in any legal
action in which you may be involved. Our assistance is limited to our meeting with you today and
does not create an ongoing attorney-client relationship.
It is usually a good idea to have an attorney represent you, and it may be difficult to proceed
without one. We will provide as much assistance as we can today, but you may be more successful if
you have an attorney. If we are aware of any reasonable available alternatives to our service, we will
refer you to them. We recommend that you contact any legal resources to which we refer you.
Information that you share with us will be treated as confidential by the Clinic and will not be
disclosed unless the Clinic is required to do so under applicable state law.
While some persons may visit the Clinic on more than one occasion, each visit must stand on its own
and does not establish an on-going attorney-client relationship. In addition, we reserve the right to
refuse to see some returning individuals if it appears that their expectation for services is beyond the
scope of our services—basic legal information and referrals.
Name: _______________________________
Date: __________
It is recommended that the following steps be taken:
For questions, please return to clinic. Open Tuesdays, 3:00 p.m. to 7:00 p.m. at
House of Peace located at 1702 W. Walnut St. Phone no. 933.1300.
Marquette Volunteer Legal Clinic
A Community Legal Information & Referral Service
Date of visit
Attorney
Students
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MARQUETTE VOLUNTEER LEGAL CLINIC:
A Community Legal Information & Referral Service
Thank you for visiting our clinic. We sincerely hope that we have helped you in either resolving your legal question or
referring you to another source for assistance. In order to understand whether we have been effective and to know what changes
we might consider making, we would ask your help by completing the following questions and returning this letter to us in the
envelope provided. Please note that the Marquette Volunteer Legal Clinic reserves the right to reprint your comments (without
your name if you supply it) to promote awareness of the Clinic.
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When did you visit the clinic ____________________________________________________________
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How much time did you spend with an attorney and law student __________________________________
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Did you receive an answer to your legal question
yes __________________
no ________________
If not, did you receive helpful information
yes __________________
no ________________
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Were you referred to another source
yes __________________
no ________________
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Please offer any comments you would like to make regarding the clinic and your experience with us:
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Thank you for taking the time to complete this form.
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___________________________________________________________
Name (optional)
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THANK YOU FOR YOUR PRO BONO
COMMITMENT TO THE
COMMUNITY AND FOR YOUR
VALUABLE CONTRIBUTION TO
OUR STUDENTS’ EDUCATION