Externships 8 Conference First Session for New Clinicians: Welcome and “Lay of the Land” Prof. Inga Laurent Prof. Beth Schwartz March 4, 2016

Presentation Overview  Brief History of Clinical Legal Education Including Externships  Variety of Field Placement Programs  Overview of Externships 8 Conference  Professional Organizations – AALS, CLEA, SALT, ABA  Resources  Hot Topics For Externships  J.P. “Sandy” Ogilvy, History of Clinical Legal Education, AALS Clinical Section Conference, May 2004, San Diego, CA.

Goals of Clinical Legal Education  Develop practical skills and professional values  Cultivate reflective practitioners who are able to self-assess and distill lessons from experience  Enhance judgment and decision-making ability  Application of theory and ethical implications in role of professional  Inculcate the value of excellence in practice  Instill a dedication to public service and social justice initiatives  Reinforce ultimate duty to client and justice system

Common Models of Clinical Legal Education  In-House Clinics On-campus law office supervised by faculty  Hybrid or “Field” Clinics Combine direct representation with externship elements Examples: Federal Defender Clinic or Prosecution Clinic taught by faculty away from law school  Externships or Field Placements Site supervisors responsible for fieldwork Classroom component often focuses on broad issues collateral to case work (e.g., professionalism, skills development)

Professional Organizations  AALS – The Association of American Law Schools Section on Clinical Legal Education (various committees)  ABA – American Bar Association Council of ABA’s Section of Legal Education and Admissions to the Bar is the accrediting body for U.S. law schools  CLEA – Clinical Legal Education Association One of its primary missions is to advocate on behalf of clinicians  SALT – Society of American Law Teachers Members include teachers, administrators, librarians, students Who hosts the Externships Conferences? None of the above!

Hot Topics: Increased Requirements for Clinical and Experiential Education ABA Accreditation Standard 303 (a) A law school shall offer a curriculum that requires each student to satisfactorily complete at least the following… (3) one or more experiential course(s) totaling at least six credit hours. An experiential course must be a simulation course, a law clinic, or a field placement. To satisfy this requirement, a course must be primarily experiential in nature and must: (i) integrate doctrine, theory, skills, and legal ethics, and engage students in performance of one or more of the professional skills identified in Standard 302;* *other professional skills … may include skills such as, interviewing, counseling, negotiation, fact development and analysis, trial practice, document drafting, conflict resolution, organization and management of legal work, collaboration, cultural competency, and self-evaluation.

ABA Accreditation Standard 303, continued (ii) develop the concepts underlying the professional skills being taught; (iii) provide multiple opportunities for performance; and (iv) provide opportunities for self-evaluation. (b) A law school shall provide substantial opportunities to students for: (1) law clinics or field placement(s); and (2) student participation in pro bono legal services, including law-related public service activities.

Hot Topics: Faculty in Charge of Field Placement Programs CSALE* Survey Data Tenured26.9%25.8% Tenure Track4.0%1.3% Clinical Tenured2.7%0.6% Clinical Tenure Track 01.9% 3-5 Year Contract 18.1%20.7% 1-2 Year Contract17.4%22.0% Adjunct20.8%14.5% Fellow0.7% 0 Non-adjunct, at will3.4%1.9% Other5.4%8.2% * Center for the Study of Applied Legal Education

Faculty “Status” implicates:  Monetary and Non-Monetary Benefits of Employment  Governance Rights (Faculty Committee Participation and Voting Rights)  Academic Freedom  Autonomy  Power  Access to and Decision-Making About Allocation of Resources

Hot Topics: Proposed Accreditation Standard 304(c) New Definition of Field Placement Course (c) A field placement course provides substantial lawyering experience, that (1) is reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks in a setting outside a law clinic under the supervision of a licensed attorney, and (2) includes the following: (i) direct supervision of the student’s performance by a faculty member or site supervisor; (ii) opportunities for performance, feedback from either a faculty member or a site supervisor, and self-evaluation; (iii) a written understanding among the student, faculty member, and a person in authority at the field placement that describes both (A) the substantial lawyering experience and opportunities for performance, feedback and self- evaluation; and

Proposed Accreditation Standard 304(c), Continued (B) the respective roles of faculty and any site supervisor in supervising the student and in assuring the educational quality of the experience…; (iv) a method for selecting, training, evaluating and communicating with site supervisors, including regular contact between the faculty and site supervisors through in- person visits or other methods of communication that will assure the quality of the student educational experience…; (v) a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection; and (vi) evaluation of each student’s educational achievement by a faculty member; and

Proposed Accreditation Standard 304(c), Continued (vii) sufficient control of the student experience to ensure that the requirements of the Standard are met. The law school must maintain records to document the steps taken to ensure compliance with the Standard…. (d) Credit granted for such a simulation, law clinic, or field placement course shall be commensurate with the time and effort required and the anticipated quality of the educational experience of the student. (e) Each student in such a simulation, law clinic, or field placement course shall have successfully completed sufficient prerequisites or shall receive sufficient contemporaneous training to assure the quality of the student educational experience.  Standards Review Committee has proposed elimination of rule that prohibits paid externships.