Transcript Priming for Pro Bono and Public Service: LRW’s RolePROF. DEBORAH SCHMEDEMANN WILLIAM MITCHELL COLLEGE OF LAW JULY 2008 THIRTEENTH BIENNIAL CONFERENCE OF THE LEGAL WRITING INSTITUTE Prof.

Priming for Pro Bono
and Public Service:
LRW’s Role
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PROF. DEBORAH SCHMEDEMANN
WILLIAM MITCHELL COLLEGE OF LAW
JULY 2008
THIRTEENTH BIENNIAL CONFERENCE OF
THE LEGAL WRITING INSTITUTE
Prof. Deborah Schmedemann
William Mitchell College of Law
875 Summit Avenue
St. Paul MN 55105
(651)290-6388
[email protected]
Research Partners
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 1. Minnesota Justice Foundation
 2. Minnesota Office of Higher Education
 3. Minnesota Center for Survey Research
Two First-Year Students
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When asked to identify a group, cause, or principle he
valued—
 One stated: “I don’t have one, but if I did I might
volunteer.”
 Another stated: “Principle: that all deserve a voice
in the legal system. Group: underprivileged people.
Cause: equality.”
Functions Institutions Can Serve
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 Make students aware of others’ needs.
 Suggest realistic, concrete ways to address those
needs.
 Lead students to construct situation-specific norms
by internalizing justice and compassion.
 Reveal that others in need depend on students.
 Increase our students’ circles of people with whom
they psychologically identify (“we-ness”).
Outcomes of Community-Service Learning
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 Personal values
 Citizenship skills
 Citizenship confidence, including a sense of personal
efficacy in understanding community problems and
effectuating change
 Perceptions of social justice, including seeing the
locus of community problems as systemic and ability
to take the perspective of others
The Main Survey
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 420 2001-2004 William Mitchell graduates
 Surveyed in May-July 2006
 Hours of pro bono performed in 2005
 Hours of pro bono projected for 2006
 Access pro bono = service to persons of limited
means and organizations serving the poor
 Civic pro bono = service to public interest or
community organizations and activities to improve
the legal system
Additional Surveys
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 75 experienced lawyers
 224 students taking Professional Responsibility
 325 first-year students, surveyed in the spring
 200 undergraduates
Some Factors Correlating with Pro Bono
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 Being raised to do volunteer work
 Years between college and law school
 Employer’s support of pro bono
 But not religion
 Growth during law school in your capacity to
contribute to the welfare of your community
Experiential Education: William Mitchell’s
Law School Public Service Program
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 Recognition for 50 hours of public service
 Volunteering through MJF or clinic work
 MJF’s roster has 100 organizations
 Mandatory pro bono programs have not been shown
to correlate with pro bono in practice.
 Incentive-based programs have potential price
effects—drawing in students—and also crowding-out
effects—reducing motivation of some students.
Experiential Education: William Mitchell’s
Law School Public Service Program
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 50-hour participation correlated with combined and
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civic.
Volunteering at all correlated with combined and
civic.
Discussion of broad social issues correlated with
access.
Reflections on one’s reactions correlated with civic.
Clinic work correlated with access.
Attitudinal Education: Self and Others
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 Social factors as cause of poverty, versus individual
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inadequacies, correlated with access pro bono.
New lawyers: 77% social, 23% individual.
Students: 80% social, 20% individual.
Social change as solution to social problems, versus
individual change, correlated with combined and
access pro bono.
New lawyers: 48% social, 52% individual.
Students: 67% social, 33% individual.
Attitudinal Education: Self and Others
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 Approaching problems from a care perspective,
versus a justice perspective, correlated with access
pro bono.
 New lawyers: 63% justice, 37% care.
 Students: 58% justice, 42% care.
Attitudinal Education: Motivations
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 Values correlated with combined and access pro
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bono. [#1 for all groups]
Students: 73% groups, 18% causes, 9% principles.
New lawyers: 65%, 21%, 13%.
Experienced lawyers: 53%, 18%, 29%.
Understanding correlated with access pro bono. [#3
for lawyers, #2 for students]
Enhancement did not correlate. [#2 for lawyers, #3
for students]
Attitudinal Education: Motivations
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 Career correlated with combined pro bono.
 Social correlated with access pro bono.
 Protective did not correlate.
Attitudinal Education: Civic Connection
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 Community awareness—having a good
understanding of the issues faced by my
community—correlated with civic pro bono.
 Similarity to one’s client correlated with access pro
bono and dissimilarity correlated with civic pro
bono.
Model 1. Develop Students’ Skills.
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 List three components that prepared you for pro
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bono work: LRW courses (70), clinics (56), other
skills courses (38), ADR (17), Professional
Responsibility (13).
Three major pro bono tasks:
40%+ legal analysis, counseling, problem-solving,
oral and written communication
33% legal research
24-25% fact investigation, litigation or ADR
4% recognizing and resolving ethical dilemmas
More on Model 1
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 Tasks new lawyers would like to do, from most to
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least desired:
Brief advice to an individual (68%)
Presentation on a legal topic
Full-case representation
Advising an organization
Lobbying a legislature or administrative agency
Handling a business matter for an organization
Litigation of a precedent-setting case (18%)
More on Model 1
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 Types of support new lawyers would like, from most
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to least desired:
Sample documents (58%)
Experienced attorney as back-up, mentor, co-counsel
Manual on law and procedures
Training on law and procedures
Training in practice skills
Education about pro bono clients’ life situations
(12%)
Model 2. Discuss Pro Bono.
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 First-year inventory
 Students heard about pro bono a median of 3-5 times.
 Key concepts: free legal work, client can’t afford to pay, less
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commonly public interest and voluntary
Focus of first-year by attorney role
@60% representative of clients
@30% officer of the legal system
@15% public citizen having special responsibility for the
quality of justice
Settings of pro bono discussion: college programs (234),
WRAP / LRW (173), other courses (125)
More re Model 2
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 Ways to talk about pro bono, from most to least persuasive
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to undergrads:
Simple story about case and lawyer’s comments
Photograph of man’s and child’s hands touching with
“rediscover true meaning of law”
Professionalism pledge
Article re business advantages
Statistics re lack of access by poor to legal services
Profile of winner of pro bono award
Explanation of how specific program works
Who should talk: involved peer or partner (versus leaders)
Model 3. Situate Cases in a Pro Bono Setting.
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 See the results of 2006 and 2007 surveys by Committee on Cooperation
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Among Clinical, Pro Bono, and Legal Writing Faculty, posted on LWI
website.
Also see Miki Felsenburg and Luellen Curry’s piece in volume 11 of
Perspectives at 82; Brooke Baker’s piece in volume 9 of Perspectives at
51.
Sample topic areas: criminal law, domestic abuse, housing,
discrimination, immigration, asylum, bankruptcy, denial of benefits,
consumer protection.
Source of assignments: professor’s practice, clinics, local legal aid
office, public interest organization.
The students’ client is the fictional party.
Work product: standard documents such as office memos and briefs.
Model 4. Have Students Do Pro Bono Work.
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 See the results of 2006 and 2007 surveys by Committee on Cooperation
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Among Clinical, Pro Bono, and Legal Writing Faculty, posted on LWI
website.
Also see Tom Cobb’s piece in volume 16 of Perspectives at 1; Rebecca
Cochran’s piece in volume 8 of the Boston University Public Interest
Law Journal at 429.
Sample partners: law school clinic, local bar association’s pro bono
program, local legal aid offices, public interest organization.
The students’ client is the organization.
Sample work products: training materials, position papers, draft briefs.
Overarching Lessons
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 Address attitudes.
 Broaden boundaries.
 Connect to community.
 Deepen discussion.
 Engineer experience.
 One example: dispersed discussion.
 Another example: payday loan policy project.
Bullet-Proof Glass
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Student reactions to a field trip to a payday lender:
 Gave me a sense of what these places look like and
who the customers are, experience of a customer.
 Had the effect of quasi-personifying the project.
 Got a “visceral” understanding instead of just
intellectual.
 Helped me remember that we were discussing real
people—not just loans.
 Helped to bring the rules, concepts, and ideas down
to earth and attain an empathic perspective.
Ellen’s Story
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 I am involved with pro bono work because it is very
much needed and I enjoy the work. The gratitude
that is expressed by our pro bono clients is almost
unexplainable. Instead of a firm handshake at the
end of a case, you see tears of joy and receive huge
heartfelt hugs—proving that you made a difference in
someone’s life. That’s why I do it.
Thank You!
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 Prof. Deborah Schmedemann
William Mitchell College of Law
875 Summit Avenue
St. Paul MN 55105
(651)290-6388
[email protected]