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In Chapter 1 of this Manual,
we have set forth some of the goals of the Clinic
as a whole. Later in this Chapter, we will be talking
about students' goals for case team work. At this
juncture, therefore, it seems reasonable for us to
state more specifically our own goals as they relate
to case teams, and to indicate how they affect the
methodology that we favor.
A key goal is to help you
learn to be responsible lawyers. We believe that people
learn best in an environment in which they have responsibility
for what they are doing. Therefore, we sometimes hold
back on giving advice, or remain silent when we might
otherwise intervene, to make space for you to speak
and act. In this way, law school clinics are fundamentally
different from most law firms. Giving you space in
which to learn is of enormous importance to us.
A second goal is to affect
your approach to handling cases and solving problems
generally. We have identified, in the chapter of this
Manual describing our institutional objectives, several
goals other than those traditionally identified with
an attorney's routine, that all of us can work on
in the Clinic. The "methodology" we have developed
in our clinical work is to practice law in slow motion
-- to provide the practitioner with time and support
for examining each decision that arises in the course
of practice in great detail. This process helps you
see the range of options that exist, and helps you
learn to question your own assumptions about what
to do in a particular situation.
We take decisions that appear
small and insignificant -- e.g., what to say in a
phone call to another lawyer asking to stipulate the
admissibility of a document -- and encourage you to
plan them in great detail, anticipating every possible
twist and turn and looking at the consequences of
each sentence to be spoken. Then, after the phone
call has been made, you might analyze it in equal
depth -- looking at all the factors that affected
the result. What did you do when opposing counsel
asked a question about your client during this preliminary
contact? Did you follow the lawyer's lead out of deference
to greater experience? What determined which student
made the call or, if both students were on the line,
who did most of the talking? How was the call affected
by the students' fear that the other lawyer would
refuse the requested stipulation? And so on, until
we have examined every corner of the event.
Thoroughness is key to good
lawyering. In every meeting we will try to identify
questions that might not yet have occurred to you
about your cases. (Our purpose in doing this is not
to make you feel that you've somehow failed, but to
help you scramble up the next rung of the ladder of
excellent legal practice.) This methodology means
that the Clinic work is different from ordinary law
practice, in that much time is allowed for study.
You will have many fewer cases than a practicing lawyer,
and will spend far more time on them than you would
in practice. This means that despite your relative
inexperience you can offer first-rate representation,
and that you can use your cases as learning tools
without any sacrifice of your client's interest. (Should
an apparent conflict arise between education and service,
this, too, would become an object of careful study
and decision-making.) This experience will be a reference
point when you work in a setting in which you have
more cases and less time for reflection.
A third goal, encompassing
several of the objectives specified in the first chapter,
is to teach about collaboration. Collaboration usually
produces better results than solo work. Collaboration
can be great fun, and it can be difficult, but by
studying the process of working with other people,
one can become more skilled in collaborating. Many
issues about how to divide up or delegate work, how
to cope with differences in style or work habits,
and what to do when you reach an impasse, can be better
resolved by conscious examination. Therefore, in case
team meetings we will ask questions about how the
partnership is working, and will often make comments
or ask questions about the work of the case team.
A fourth goal -- and perhaps
the most difficult and serious of our goals as teachers
-- is to help you explore and perhaps to challenge
your professional values and choices. We hope to help
you see the power to affect society that you will
have as lawyers, and to inspire you to use that power
on behalf of under-represented people and groups.
We would like to foster your sense of public duty
-- to encourage you to view your professional responsibilities
as including some public work. When possible, we prefer
to represent people with low incomes in the Clinic
in part because affluent clients do not need free
legal assistance, but also because we believe that
representing clients who cannot afford to pay for
counsel offers better opportunities to examine one's
values as a lawyer, and to understand the vast opportunities
that exist in practicing law to help people whose
needs are greatest. We will not attempt to direct
your decisions about your careers, but we would like
to spend time talking about the ethics and politics
of lawyering, and about the consequences of choices
about whom to represent and how to represent them.
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