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Best Practices in Supervising Law Students in Field Placements. Albany Law School September 17, 2010 Prof. Nancy Maurer. What’s New in Legal Education. Carnegie Foundation Report on Educating Lawyers Best Practices for Legal Education ABA standards - Outcomes Albany Law School Mission
Albany Law School
September 17, 2010
Prof. Nancy Maurer
1. The West Educational Network (TWEN) – electronic classroom
2. Mandatory Field Placement Orientation
3. Certification Designating Compliance with Professional Ethics and Responsibilities
4. Educational Planning Form – review with supervising attorney.
5. Weekly time records. (approx 12 hrs/wk, minimum of168 hours for semester)
6. Mid-Semester Report
7. Mid-Semester Meeting with Prof. Maurer
8. End of Semester Evaluation of Placement and Program
9. End-of-Semester Reflective Paper
10. Supervising Attorney to complete a Placement Evaluation of Student
11. Attend weekly (or bi-weekly) field placement classes and complete all class assignments.
12. Review Field Placement Handbook and review and sign acknowledgement of course requirements.
ALBANY LAW CLINIC & JUSTICE CENTERFIELD PLACEMENT CLINICSTUDENT EDUCATIONAL PLANNING FORM[To be signed by Student and Supervising Attorney ]
Student Name: ________________________________________________________________________________
Placement / Semester: __________________________________________________________________________
1. Please state your primary goals to be derived from this clinic placement.
2. Possible mechanisms to achieve each of these goals.
3. Please state your present areas of strength (e.g., research skills, writing, issue identification, reasoning, oral advocacy, interpersonal skills, etc.)
Supervising Attorney Signature: ___________________________________________________________________
Student Signature: _____________________________________________________________________________
Complete this Educational Planning Form. This is to assist you in formulating goals for the semester. Review it with your
Supervising On-Site Attorney at the outset of your placement and have the Attorney sign to acknowledge this discussion.
In re Jaffe, No. 06-9009 (2d Cir. 2009)
The US Court of Appeals disbarred an attorney for, among other things, aiding the unauthorized practice of law, and improperly ratifying and filing briefs drafted by unsupervised law students.
Attorney Grievance Commission of Maryland v. Kimmel, 405 Md 647, 955 A2d 269 (Md. 2008)
Partners of law firm suspended from practice for failing to provide adequate supervision over new associate.
RULE 5.2: RESPONSIBILITIES OF A SUBORDINATE LAWYER
(a) A lawyer is bound by these Rules notwithstanding that the lawyer acted at the direction of another person.
(b) A subordinate lawyer does not violate these Rules if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty
Supervising Attorney: I need some research on whether public sidewalks are “facilities” under under Title II of the Americans with Disabilities Act.
Student: uhhh, sure, interesting question….
What the student is thinking……
I don’t know where to start!
What is the ADA?
What is this for?
How can you help
My Supervisor was out sick (at court, at a meeting, out of town….) so I just sat around and did my homework.
A student at a public interest placement is assigned to work with attorney on a SSI case. Student is asked to contact medical providers to obtain and review records. Student is upset. “This is not legal work!”
How does supervisor
avoid this situation?
Feedback is critical information, based on performance, that motivates action or change to improve performance.