The new 1L : first-year lawyering with clients / edited by Eduardo R. C. Capulong, Michael A. Millemann, Sara Rankin, Nantiya Ruan.
2015
KF282 .N49 2015 (Map It)
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Details
Title
The new 1L : first-year lawyering with clients / edited by Eduardo R. C. Capulong, Michael A. Millemann, Sara Rankin, Nantiya Ruan.
Published
Durham, North Carolina : Carolina Academic Press, [2015]
Call Number
KF282 .N49 2015
ISBN
9781611636673 (pbk.)
1611636671 (pbk.)
1611636671 (pbk.)
Description
xiv, 216 pages ; 23 cm
System Control No.
(OCoLC)903473899
Bibliography, etc. Note
Includes bibliographical references (pages 199-209) and index.
Record Appears in
Variant Title
New One L
Table of Contents
Preface / Jane H. Aiken
xi
Introduction / Eduardo R.C. Capulong
3
Why the Courses We Describe Are Valuable and Belong in the First Year
7
Helping Our Students to Begin to Develop Professional and Interrelated Personal Identities
9
The Challenges
10
The Structure of the Book
10
pt. I
THE CASE FOR A NEW 1L
ch. 1
Why Add Real Clients and Actual Legal Work to the First-Year Curriculum? / Michael A. Millemann
15
The Standard First-Year Curriculum
15
What Teaching With Actual Legal Work Can Add to the First Year
19
Applying, Reinforcing, and Enhancing What Students Learn in Traditional First-Year Courses: A Course Example
19
Answers to Some of the Problems Posed by Traditional Teaching Methods
25
Learning Additional Skills, Real World Lessons, and Bodies of Knowledge While Working in Collaboration with Others
27
Helping People and Organizations That Need Legal Help, Connecting Students and Law Schools to Communities, and Teaching With Access-to-Justice Issues
29
Changing the Culture of First-Year Legal Education and Thereby Helping Students to Begin to Develop Professional (and Personal) Identities
31
The Surmountable Challenges
31
ch. 2
Does It Make a Difference? Impacts on Students, Faculty, and Clients / Eduardo R.C. Capulong
35
Introduction
35
Impacts on Students
36
Impacts on Faculty
42
Impacts on Clients
44
Conclusion
46
pt. II
HOW TO CHANGE THE EXISTING 1L YEAR
ch. 3
Adding Practice Experiences to Legal Research and Writing Courses / Nantiya Ruan
51
Introduction: Why 1L Legal Writing Courses Are a Natural Place to Start Students Working With Real Clients
51
There Are a Variety of Models for Bringing Real Legal Work into the LRW Classroom
53
Types of Collaborative Partners
54
Introduction to the Continuum of Options
55
Examples of These Models in Action
57
Core Considerations and Elements of a Workable Model
58
Key Preliminary Considerations: Timing and Pedagogical Goals
58
Finding Appropriate Partners and Generating Good Projects
59
Preparing Yourself and Your Students for These Unique Projects
60
Preparing Yourself
60
Preparing Your Students
61
Benefits to the Professor of Having Clients in the 1L LRW Class
63
ch. 4
Mainstreaming Experiential Education / Steven D. Schwinn
65
Legal Theory and Practice Courses: Adding Three-Credit Experiential Components to the Required Curriculum
66
Property/LTP
68
Torts/LTP
68
Civil Procedure/LTP
69
Contracts/LTP
70
Criminal Law/LTP
72
Legal Research and Writing/LTP
73
Combining Two Required First-Year Courses, Constitutional Law I and LRW II (Appellate Advocacy), and Teaching Them With Actual Legal Work
74
Integrated Courses in the First Semester
76
Challenges
78
What Are the Goals of the Course?
78
How Much Legal Work, Who Is Responsible for It, and How Many Students?
78
Who Teaches the Course?
80
What Administrative/Curricular Support Is Necessary?
80
What Are the Other Challenges?
81
ch. 5
Experiential Learning in the First Year: UC Irvine's Interviewing Project / Carrie Hempel
83
The Lawyering Skills Course
85
The Interviewing Skills Classroom Module
85
The Interviewing Project Design
87
A Few Reflections
89
Conclusion
91
ch. 6
The First-Year Clinic: Forty Years of First-Year Students Representing Clients / Michael J. Wishnie
93
The Origins of First-Year Lawyering at Yale
96
Clinical Legal Education at Yale
96
Establishment of First-Year Lawyering at Yale
98
Contemporary First-Year Lawyering at Yale
100
The Structure of First-Year Lawyering at Yale Today
100
The Practice of First-Year Lawyering at Yale Today
104
Another Approach to 1L Lawyering: NYU's Administrative and Regulatory State
108
Conclusion
115
pt. III
HOW TO CHANGE YOUR LAW SCHOOL'S CURRICULUM
ch. 7
`Clinicalizing' the First Year: Working With Actual Clients at The University of Montana / Eduardo R.C. Capulong
121
Montana's Lawyering Program
122
Creating the Program
123
Course Organization and Operation
123
`Law Firms' and `Junior Partners'
123
Agency Partnerships
124
Scope of Work
124
Student Division of Responsibility
124
Work Products
125
Assessment
125
Working with Actual Clients
126
Pedagogical Innovations
127
Emotion and the Body in Learning and Lawyering
128
The Emergence, Transformation, and Dynamics of Disputing
130
Uncertainty in the Creation of Knowledge, Practice of Law, and Development of Professional Judgment
132
Collaboration in Learning and Lawyering
135
The Lawyer-Client Relationship
138
Institutional Concerns
140
Organizational and Programmatic Challenges
141
Administrative Issues
142
Ethical Issues
143
Next Steps
143
Towards the New 1L
144
ch. 8
Building an Experiential Law School / Erwin Chemerinsky
147
Introduction: A Blank Slate
147
Why Emphasize Experiential Education?
149
The First-Year Curriculum: A Foundation for Experiential Learning
152
The Experiential Learning Program
156
Core Clinics
157
Elective Clinics
162
Externship Program
162
Pro Bono Program
163
The Third-Year Intensive: Balancing Experiential Learning Goals With Other Goals
164
Post-Graduate Programs
167
Conclusion: Looking Ahead
168
pt. IV
ETHICS AND PROFESSIONALISM IN THE NEW 1L
ch. 9
Ethical Considerations in 1L Collaborative Classrooms / Victoria Chase
173
The Practice of Law in the Collaborative Classroom: What Are the 1L Students Doing?
174
The Unauthorized Practice of Law Ethics Rules: A Complex Set of Regulations
175
Whether Law Students Are Engaged in Lawyer's Work
176
Are Collaborative Classroom Students Representing Others in Judicial or Administrative Proceedings or Negotiations?
178
Are Collaborative Classroom Students Preparing Legal Documents or Instruments that Affect the Legal Rights of Others?
179
Are Collaborative Classroom Students Advising Others of Their Legal Rights?
180
Conflict Checks in the Collaborative Classroom: With Whom Are 1L Students Working?
181
Law School Clinics: Imputation and an Expansive View of Conflicts of Interest
183
Conflicts of Interest in the Collaborative Classroom: A Broad, Unobstructionist Viewpoint
184
The Student Practice Rule Should not be Dispositive Over a Conflicts Analysis in the Collaborative Classroom
185
Rationale for an Expansive View of Conflicts Discussions
185
The Conflicts Implicated by the Collaborative Classroom
187
Direct Adversity-Based Conflicts
187
Material Limitation-Based Conflicts: Personal and Positional
188
Guidelines for Implementation: 12 Steps to Ethical Implementation of Collaborative Classrooms
191
References
199
Contributors
203
Index
211